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FUNDING AGREEMENT ~ ~ . I I ~, ,'!II AGREEMENT FUNDED UNDER THE CLEARWATER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT is entered into as of the 1st day of October, 1988, by the CITY OF CLEARWATER, Florida, a political subdivision of the State of Florida, hereinafter referred to as the "CITY", and RELIGIOUS COMMUNITY SERVICES, INC., 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 progr~ 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 ~ount 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 ,,"', ( / ~ -, I I ~ 1 ~ J PSA shall permit the City to audit the PSA's financial operation including but not limited to compliance with applicable provisions of Federal law and regulations. All PSA financial records relating to the Project are subject to review by the City. 6. All subcontractors under this agreement shall be approved by the City. 7. All purchases of consumable, capital equipment and services shall be in conformity with the Procurement Standards set forth in OMB Circular A-110, Attachment O. Accountability for project property and equipment shall be in accordance with the requirements therein set forth. 8. The City agrees to make payment of budgeted costs on a reimbursement basis. Requests for payment shall be as specified in Attachment B. No advance payments shall be made to the PSA. All costs and invoices for request for payment shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to the agreement shall by clearly identified and readily accessible. Final request for reimbursement hereunder shall be submitted within 30 days after completion of all services to be performed by the PSA and the City shall not be responsible for payment of any charges, claims or demands hereunder not received within said thirty day period. 9. The PSA shall upon the expiration of this agreement transfer to the city any CDBG funds on hand and any accounts receivable attributable to the use of CDBG funds. Program income funds are excluded from this provision or and are provided below. Program income funds shall be retained by the PSA so long as the activities that will be undertaken with the program income are the specific activities that meet the provisions of this agreement. These funds shall be adjusted by the City according to the principles described in paragraphs (b) (2) (i) and (ii) of Section 570.504 which states that: (1) Program income in the form of repayments to, or interest earned on a revolving fund as defined in Section 570. 500(b) shall be substantially disbursed from the fund before additional cash withdrawals are made from the U.S. Treasury for the same activity. (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 ~- I I t _~r 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)(B)(i) of Section 570.503..~ 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 PSAwithin 30 days after the end of the contract term. This final report shall consolidate reporting of all project participants. 15. PSA shall establish and maintain on an accrual basis an accounting system in accordance with the Standards of Grantee Financial Management System as set forth in OMB Circular A-110 or the appropriate successor document and in accordance with generally accepted accounting principals and standards where these principals and standards are not in conflict with A-110 or its successor. PSA agrees to modify or correct said systems in accordance with he City's requirements. PSA 10/1/89 3 -' I I ., 16. PSA shall maintain such records and accounts as are deemed necessary by the city to assure a proper accounting for all project funds. All such records shall be available for audit, inspection or copying purposes at any time during normal business hours and as often as the City, HUD, and/or representatives of the Comptroller General of the United States, or other federal agency, may deem reasonably necessary. Such records shall be retained for such period as required by applicable laws and regulations and may thereafter be destroyed only with the prior written approval of the City. Such records shall include financial records, audits, supporting documents, statistical reports and client files. PSA will comply with such additional requirements as to maintenance of records as the City may request in writing. In the event the PSA cannot continue to be responsible for maintenance of the records, then the City shall be so notified 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. The City may suspend, withhold, or terminate payment of the project, in part, for cause or convenience. Cause shall included the following: Use of funds that does not follow project guidelines. Failure to comply with any term or condition hereunder. Refusal to accept conditions imposed by HOD. Refusal to accept conditions imposed by the City. Submittal of reports which are incorrect or incomplete in any material respect. If carrying out this Agreement is rendered impossible or infeasible for any reason including changes in law or the unavailability of HOD funds necessary for continuation. g. Convenience shall be according to the regulations in 24 CFR 85.43 and 85.44. 19. whole or in a. b. c. d. e. f. If the City suspends payment, it shall advise the PSA and specify in writing the actions that must be taken as a condition precedent to the resumption of payment and specify a reasonable date for compliance. 20. Both parties will use their best efforts to ensure that services under this Agreement are provided so as to best meet the needs of residents with priority to those residents who reside in the Community Development target areas. The PSA shall make every effort to assure that a minimum of two-thirds of those persons receiving services hereunder are low and moderate income. 21. No person with responsibilities in the operation of the project will discriminate with respect to any project participant because of race, color, national origin, or sex. Nor shall any participant be excluded from participation in, be denied of, or be subjected to discrimination under any program of activity funded in whole or in part with Community Development Funds because of race, color, PSA 10/1/89 Rev. 10/6/89 4 - I I I l ~ational origin, or sex. Nor shall any participant be excluded from participation in, be denied of, or be subjected to discrimination under any program of activity funded in whole or in part with Community Development Funds because of race, color, national origin or sex, as set forth in Other Program Requirements in Appendix D, (CFR 570.601). 22. No resources provided through this Agreement shall be used to have the primary effect of advancing religion, nor shall any goods or services provided through this Agreement be provided in a pervasively sectarian manner, as required by the First Amendment of the Constitution of the United States. All activity under this Agreement shall be consistent with specific conditions for religious organizations as established by the United States Department of Housing and Urban Development. 23. The PSA will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other identifiable ties. Prior to requesting any continued project funding beyond the term covered by this Agreement or for a new public services not covered by this Agreement, the PSA shall attempt to secure other local, state or federal funding and/or private funding for such project. The PSA will not as a result of receiving funding for the Project reduce its support for other similar services already being provided by the PSA in the area of its operation, and will, in fact, affirmatively seek additional assistance and support from other sources for increasing services where needs demand such increase. The PSA will not use these funds for publicity or propaganda purposes designed to support or defeat legislation pending before federal, state or local governments. 24. The PSA shall comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, and the 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 -, ~ I I all as amended from time to time and in effect during the term this Agreement. IN WITNESS WHEREOF. the parties hereto have caused this agreement to be executed as of the day and year first above written. RELIGIOUS COMMUNITY SERVICES. INC. By ~L~ , President ATTEST~ .k Secretary c:~ o:aw;~' F~ Ron H. Rabun City Manager / Rita Garvey Mayor-Commissioner ATTEST: ~" ~.A ".' - ~Z~~<""-"'..._:- Q~ c~:~e'~t:~~"- J~.~ ~". -",,- ~ - Approved as to form & correctness: . ;/, - .'.- ... - - ... - -,: ~ PSA 10/1/89 - 6 )} I r \ , , Agency: RCS Emergencv Hsng. Year: 1989 - 1990 APPENDIX A Identification of A2ency and Snecific Services to be Provided AGENCY Name: Religious Community Services, Inc. Legal classification: A non-profit corporation organized and existing under the laws of the State of Florida. Principal Office: 1855 Highland Avenue S., Clearwater, FL 34616 Mailing Address: 1125 Holt Avenue, Clearwater, FL 34615 Agent: Pat Davis, Director 813-446-5964 PROGRAM OF AGENCY The RCS Emergency Housing Project provides temporary shelter, food, clothing, counseling, and inter-agency referrals to families with children in crisis situations wherein they are without shelter, financial resources and other support systems. SPECIFIC SERVICES TO BE PROVIDED UNDER. THIS AGREEMENT Structural, electrical, plumbing and miscellaneous repairs will be made to the RCS Emergency Housing facility as follows: TO UNIT 1221 1. Repair floors in kitchen, bathrooms, hallway, and bedrooms (250 sq ft) 2. Replace floor covering throughout unit (480 sq ft) 3. Install skirting around unit (155 If) 4. Replace underfloor & insulation (300 sq ft) 5. Repair torn exterior metal wall covering 6. Install new formica tops in kitchen & bathroom 7. Install 6 new doors (interior) w/new hardware I I ,\ 8. Replace 8 light fixtures (interior) 9. Install new heater front 10. Install new kitchen range hood w/vent 11. Install new tub faucet in bathroom 12. Paint all interior ceilings 13. Such other repairs as needed within available funding. TO ANY OTHER UNIT 14. Such other repairs as needed within available funding after all needed repairs are provided for the unit above. unless a different priority is authorized in writing by the City Community Development Manager. SCHEDULE All of the SPECIFIC SERVICES as listed above will be completed as of the time specified in the paragraph number 2. on page 1 of this Agreement. I I Agency: RCS Emergencv Hsng. Year: 1989 - 1990 APPENDIX B Proiect Award Funding for renovation of up to $3,600.00 will be provided for renovation work that includes structural, electrical, plumbing and miscellaneous repairs to mobile homes located at the RCS Emergency Housing Facility. TOTAL $ 3,600.00 .. J I I " APPENDIX C METHOD OF PAYMENT All payments shall be on a reimbursement basis only. All requests for reimbursement shall be supported by proper invoices, 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. .... '" '.'; ":,f..,, '!\.~ >> i " Subplll"t K-0ther Program Requirements I 570,1>00 Gen-eral (u) Section l04(b) tr the Act provide! thotany granl under ~ection 100 of Ihe Act dlllll be IT. ,c:' nly if the gronlee cerlifies '10 the sllti6foclion 01 the Secreta'l")', among oUler Ulinp, ulOlthe grllnt "wilf b'e.conducted ond administered in con1ormity wiuI Pub. L B8-352 ond Pub. L. 00--204," and, further. Iholthe grantee "will comply with the olher provisions of this tille and with other applicable laws."' SectioD l04(d)(l) of the Act requires thai the Secretary dt:termine with Tcspectto grants made pursuant to section l06(b) (Entitlemenl Grants) and 106(d)(2)(B) (HUD. Administered Small Cities Grants), at leasl on an annual basis. among other things. "whether the granlee has carried outlits) certifications in compliance with the requirements and the primary objectives 01 this title and with othcr applicable laws. . . ."' Certain other statutes are expressly made applicable to Ilctivilies assisted under the Act by the Act itself. while other laws not referred to in the Act may be applicable to such activilies by their own terms. Certain statutes or Executive Orders which may ue appuc.able 10 activities assisted under the Act by their own lenus' are administered or enforced by governmental departrnenLi or agencies otber than tbe Secretary or the DeparimenL This Subpart K enumerates laws which the Secretary will treal as applicable to grants made under section 106 of the Act. otber than grants to -'J APPENDIX D OT!R PROGRA}1 REQUIRENENTS Stales made pursuanl to scction l00(d) of Ihe Acl. for purposes of the determinations described abo\'e 10 be made by the Secretary under Beclion l04(d)(l) of the Acl. including Btatules expressly mode applicable by the Act and certain olher statute! Bnd Executive Orders for which the Secretary has enforcement respon~ibility. The abscnce of mention herein of any other statute' for which Ihe Secrelory docs not ha ve direct enforcement rcsponsibility is nol intended 10 be token as an indication thol. in Ihe Secretory's opinion. such stalule or Executive Order 15 nol applicoble 10 activiliea Dssistcd under thc Acl. For lows which the SccretDry willlreal as opplicDble 10 gronte made to Slates under section l00(d) of the Act for purpOSCB of the delerminDlion required 10 be mode by tbe Secretory pursuanlto lection 104(d)(2) of Ihe Acl, see l 570.4.96. (b) This Subparl also sets forth certain additional program requirements which the Secrelar)' has determined to be appljcable to grants provided under the Act as a malter of administrative dIscretion. (c) in addition to grants made pursuant 10 section loo[b) and lOG(d)(2)(B) of the .....ct (Subparls D and F of this Part. respecli>'ely), the reouirements of this Subpart K are applicable to grants made pursuanl to sections 107 and 119 of \he Act (Subparts E and G. respectively). ~ 570.601 Pub. L 88-352 and Pub. L W- 284; Executive Order 11063. Section l04(b) of the Acl provides that any grant under seclion 100 of tbe Acl shall be made only if the grantee ce'rtifies to the satisfaction of the Secretary tbal tbe grant "will be conducted and adm.inistered in conformity with Pub. L 88-352 and Pub. L. 90-284."' Similarlv, sectioD 107 provides thai no gr~nt ma)' be made D-l .1 ) under thai .ection (SecretaT)". Discretionary Fund) or section 11g (VDAG) without satisfaclory assurances to' Ibe sa me erf e cl. (a ) "Pub. L Bi-352" ref cn \0 Till e VI of tbe Civil Right! Act of 1004 (42 U.S.C. 2(XX:X! et uq.), which providel thai no penon 1n the United Stote! sholl on the ground of race. color. or nolional origin, be excluded from porticipotion In, be denied tbe bcnefit! of. or be !uujected 10 discrimination under any program or acllvlty receivlng Federal financial Dssistance. Section 602 of the Civil Rights Act of 1004 directs each Federal depnrtmcntand agency empowered 10 exlend Federnl financial ossistonce 10 any progrom or octivity by woy of gronl to effectuDle the forcgoing prohiuilion by issuing rulee. regulations, or orden of general oppllcability which shall be cons is lent wilh achievement of Ihe '. ,\alule authoritiflB the financial assistance. HUO regulations implementing \he requirements of Title VI with reapectto HUD programs are contained in 24 crn Part 1. (b) "Pub. L 90-W4" refers 10 Tille VIII of the, Civil Righls Act of 1%8 (42 U.S.C. 3001 et &eq.), popularly known os the Fair Housing Act. which provides thai it is the policy of the United Sta lee to provide, within constilulional limitations. for fair housing Ihroughoul the United Slales and prohibils ony person from discriminating in the sale or renlal of housins. the financing of housing, or tbe provision of brokerage services. lncluding in any way making unavailable or denying a dwelling to any.person. because of race, color, religion, sex. or national origin. Title VIII further requires the Secretary to administer the programs and activities relating to housing and urban development in Il manner affirmatively to further the purposes of Title VIII. PurBuantto this statutory direction. the Secrelary requiTes tha t grantees adminiater all programs and actiyities .. I related 10 housing and community developm~nt in a manner 10 effirml\tively further ftlir housing. (c) Executive Order 11003, as nmendcd by Executive Order 12259, direcls the Deportment to toke all action necessory and oppropriate 10 prevent discriminolion because of race. color, religion (creed), HeX, or national origin. in lhe s!lle. leasing. rental. or other disposition of residentiol property and related focilities (including land 10 be developed for residcntial use), or in the use or occupancy thereof. if Huch properly ond rclated focilities ore. omong other Ihings, provided in whole or in pari with the Ilid of loans, odvances. grants. or conlribulions n~rce\L to be made b)' the Federal Government. HUD rcgulations implementing Execulive Order 11003 are contained in 24 crR Pari 107. ~ 570.602 Secllon 109 olthe Act. (a) Section lo!l of the Act requires thai no person in the United Slales shall on the ground of race. color. national origin or sex, be excluded from participation in. be denied the benefits of. or be subjected to discrimination under. any program or aclivily funded in whole or in pari with community development funds made available pursuant to lhe Act. For purposes of this section "program or activity" is defined as any function conducted by an idenlifiable administrative unit of the recipient. or by ony unit of governme~t, ~ubrecipient, or private conlroctor receiving cOlillnuni\y developmenl funds or loons from Ihe recipient. "Funded in whole or in pari wilh community develcpmelll funds' meons Ihat community developmenl funds in a:lY amount in the form of grants or proceeds from J-JUD . guaranteed loans have beeD.transferred by the recipient or a subrecipientto an idenlifiable adminislrath.e unit and disbursed in a program ;::r activity. (b) Specific discriminotory octions prohibited and corrective octions. (1) A recipienl may not, under any program or acti\.ily 10 which the I ~ reguliJliuns of this Part may apply direclly or throufh contraclua: or olher Ilrran~rments. on the ground of race. color. n<llio"al origin, or Hex: (i) Deny all)' facilities, services. financial /lid or other benefits provided under the program or aclivily. (ii) Pro\'ide ony facilities, 6en'ices, financialnid or olher benclils wbich ore diffcrenl, or ore provided in II different form from Ihot providcd 10 otherH under the program or activity. (iii) Suujectto se.gregaled or separate lreatment in ony fucilily in, or in a"y mailer of process relot<;d 10 receipl of any ser"ice or benefit under the progr<lm or octivity. IiI') Restrict in Ilny woy access to, or in Ihe enjoyment of ony advanlage or privilegc enjoyed by others in conncction witb facilities. scrvices. finoncial oid or olher benefils under the program or activity. Iv) Treal an individual differently from olhers in delermining whelher the individual 8a lisfies any odmission, enrollment. eligibility. membership. or olher requirement or condition which Lhe individual must meet in order 10 be provided any facilities. services or other benefil pro\'ided under Ihe program or activi:y. (vi) Deny an opporlunity to parlicipate in a program or activity as an employee. (2) A recipient may not utilize criteria or methods of odministration which have the effecl of subjecting individuals 10 discrimina lion on the basis of race. color. nCllional origin, or sex, or have the' effect of defeating or substantially impairing accomplishment of the objectives of the program or aclivity wilh respecl to individuals of a particular race. color, national origin. or sex. (3) A recipient. in determining Ihe sile or location of housing or [acililies provided in whole or in pari with funds under Ibis part. may nol make selections of such site or locotion which have Ihe effecl of excluding individuals from, denying them the benefits of. or subjecting them 10 discrimination on the fJ.-2 -I gruund of roce. color. nalional origin, or sex: or which have the purpo~e or effect of defC'olinR or slIbs\onlia\ly impoiring the accump\ishmcnt of tbe objectives cf the Act /lnO of this seCtion. (4Jlilln adminislering 8 program or activity funded in whole or in pari wilh COnG funds regarding which lhe recipient hos previously discriminoted ogainsl persons on the ground of race, color. notionol origin or sex, Ihe recipient must luke nffirmolive aclion 10 overcome the effecls of prior discrimination. (ii) Even in the nbsence of 60ch prior discriminalion, a recipient in administering a program or activit)' funded in whole or in part with conG Iunds should luke affirmative action \0 ovcrcome the effects of conditions which wOllld othcrwise resull in limiting parlicipatiun by persons o[ 0 parlicular race, color, national origin or sex. Where previous discriminulory practice or usage lends. on Ihe ground of race. color. national origin or sex, to exclude individuals from participation in, 10 deny them the benefits of. or 10 subject Ihem to oiscrimina lion under any program or aclivily 10 which Ihis pari applies, the recipienl has an obligc:lion 10 take reasonable ection 10 remove or overcome Ihe consequences of the prior discriminatory prllclice or usage. and 10 accomplish the purpose of the Act. (iii) A recipient shell nol be prohibited by Ihis part from taking any action eligible under Subpart C to ameliorate an imbalance in services or facililies provided to any geographic area or specific group of persons within its jurisdiction. where 'Ihe purpose of such action in to overcome prior discriminatory practice or usage. (5) Notwithstonding anylhing 10 the contrary in this section, nothing contained herein shall be conslrued 10 prohibil any r~cipienlfrom mainlaining or constructing Heparate living facilities or resl room [acililies for the different sexes. Furlhermore. seleclivity on the basis of sex is nol prohibited when instilutional or cllstodiol services can ... "1 I APPENDIX E , ~, i SECTION 3 CLAUSE _I TilE FULLmHNG SECTlO:i 3 CLAUSE SHALL 'SE INCLUDED IN ALL CONTRACTS FUR WORK IN CONNECTION WITH A SECTION 3 PROJECT: A. The work 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, 12 U.S.C. 170u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be a\.larded to business concerns \.Ihich are located in, or o\.lTIed in substantial part by persons residing in the area of the project. B. The parties to this contract \.Iill comply \.lith 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 oc other disability which would prevent them from complying \.lith these requirements. C. The contractor will send to each labor organization or representative of workers. \.lith \.Ihich he has a collective bargaining agreement or other contract of understanding, if any, a notice advising the said labor organization of \.Iorkers' 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 will include this Section 3 Clause in every subcontract for work in connectiqn with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR. The contractor will not subcontract with any subcontractor \.Ihere it has notice or knowledge that the latter has been found in violation .of regulations under 24 CFR, and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance \.lith the provisions of Section 3, the regulations set forth in 24 CFR, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Feder!l financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors ,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 which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. E-l _\ APPENDIX F NOTICE OF1.-~UlREMENT FOR AFFIR~TlVE ACT11 TO ENSURE EQUAL EMPLOYMENT OPPORTUNI'IT (EXECUTIVE ORDER 11246) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Eq~l Employment Opportunity ConstrUc- tion Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all const-~ction work in the covered area, are as follows: A. Goals for Female Utilization, All Trades: AREA COVERED Goals for Women apply nationwide. GOALS AND .TIMETABLES Timetable Goals (percent) From Apr. 1, 1978 until l-iar. 31, 1979.... 3.1 From Apro 1, 1979 until Mar. 31, 1980.... 5.1 From Apr. 1, 1980 until J-ia:::- . 31, 1981. . . . 6.9 B. Goals for P~noritv U~lization: TA.'1P.b.-ST. PETERSBURG, FLA., AREA Area coverec: P~llsborough, Pasco, and Pi~ellas Counties, Fla. Goals and Timetablesl Trade Goal (percent) .. All. . . . . . . . . . . . . . . . . . . . . . . . . . 17.9 IFor the life of the project. ~nese goals are applicable to all the Contractor's const-yUction work (whether or not it is Federal or federally assisted) performed in the covered area. The Contractor's cOwpliance wi=h the Execu~ve Order and G~e regulations in 41 CFR Part 60-4 shall be based on its i~plementation of ~~e Equal Opport~~ity Clause, specific affi=mative action obligations recruired by F-l the specific~tions jec\fort.'1 in 41 CFR 60-4.3(a), an) its efforts to :neet the goals established for the geographical area ~he~ L~e contract resulting from this solicitation is to be performed. The ho~s of minority and feIM-le employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall pake a good fait.~ effort to employ ~~norities and women evenly on each of i t.5 projects. The transfer of minori ty 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 t.~e regulations in 41 C:R Part 60-4. compliance with t.~e goals ~ill be measured against the total work hours performed. 3. The Contractor sha.l1 provide \.Titten notification to the Director 0: the Office of Federal Contract Compliance programs wi thin 10 .....or}~ing days of award of any constrUction subcontract in excesS of $10,000 at any tier for cons trUction work under the contract resulting from this solici ta tion. The notification shall list t.~e name, address and telephone number of the subcontractor; ~ployer identification number; estiE~ted dollar amount of the subcontract; estimated starting and completion dates of t.~e subcontract I and the geographical area in ~hich the contract is to be perfo~ed. 4. 1'...5 used in this Notice, and in the contract resulting f::-om 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 follows: 1. Tne contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Tne contractor will take affirmat~ve a~tion to e~sure that applicants are employed, and that employees are treated curing emplo:~ent .....it.~out regard to their race, color, religion, sex, or national origin. Such action shall include, ~ut not be limited to the following: Employment, upg=ading, demotion, or transfer; rec::-ui tment or recrui t.ment advertising; layoff or terminatipn, rates of payor other fo~s of compensation; and selection for training, including apprenticeship. Tne contractor agrees to post in conspicuous places, available to employees anc applicantS for elllploy- ment, notices to be provided setting forth the provisions of this non- discrimination clause. 2. The contractor will, in all solicitations or advertiseDents for employees placed by Dr on behalf of the contractor, state ~~at all oualified - .. applicants will receive consideration for em?loyment wiL~out regard to race, color, religion, sex, or national origin. 3. The contractor will send to each labor union Dr representative of workers with ~hich he has a collective bargainir.g agreement or other contract or ~derstanding, a notice to be provided advising the said l~or union or workers' represeDtatives of the. contractor's co~tments under this section, and shall post copies of ~~e notice in conspicuous places avail- able to elllployees and applicants for emplo}'I!lent. >='-? ... - " " '\ C The cont..:'"actor ,,'ill ~"~1~lY ,,'i th all provisions of Exel _ive Order 11246 of September 24, 1965, and of the rules, regulations;- and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports re~red by Executive Order 11246 of Septerrber 24, 1965, and by rules, regulations, and orders of ~~e Secretary of Labor, or pursuant thereto, and will perElt access to his books, records, and accounts by the adr~nistering agency and ~~e Secretary of Labor for purposes of investigation to ascertc.in compliance with such rules, regulations, and orders. 6. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted constrUction contracts in accordance with 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 law. 7. l~e con~actor will include ~~e portion of the sentence ~ediately preceding paragraph (1) and the provisions of paragrap~~ (1) ~~xough (7) in every subcontract or purchase order unless exempted by rules, regula- tions, or orders of the Secretary of Labor issued pursuallt to section 204 of ~xecutive Order 11246 of September 24, 1965, so that such provisions will be bineing upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as ~~e an~inistering agency may direct as a means of enforcing such provisions, incl uding sanctions for non-compliance: Provided, however, That in t',e even~ a contractor ~ecomes involved in, or is threatened with, litiga~ion with a ?ubcon~actor or veneor as a result of such direction by the administering agency, the contractor may request the United Sta~es to enter into such litigation to protect the interests of the United States. ST.~,N'DJ..F.D FEDERAL EQUAL DlPLOYM.....""NT OPPORTUNITY CONSTP.UCTION CONTAACT SPECl.FICATIONS (EXECUTIVE ORDER 11246) L As used in these specifications: a. "Covered area" means ~~e geog:::-aphical area des cribed in t..lje solici ta- tion from which this contract resulted. b. "Director" means Directo:::-, Office. of Federal Contract COIrlplialice Progr~s, Onited States Department of Labor, or ~~y person to whom the Director delegates authority. c. "E!r.?loyer ide:ltifica tion nt:!T'ber" me2J'~ the Federal Social Security nurrber used on t..lje Employer's Quarterly Federal Tax Return, O. S. Treasu-ry Depa.r::ment Ferm 941., d. "P..inori ty" includes: F-3 . ~ ", \ (1) Black (all pJksons having origins ~n any of ~ Black African racial groups not of Hispanic originri (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 (.:.11 persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands) i and (4) American Indian or Alas~an Native (all persons having origins in any of the original peoples of North hmerica and maintaining identifiable tribal affiliations G~rough member- ship and participation or community identification). 2. Whenever 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- ~~ons of these specifications and the Notice which contains the ~p- pllcable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. It the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown.Plan approved by G~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 Hometo~~ Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply .....i th its obligations under .the EEO clause, and to make a good fai th e"tfort to achi eve each goal ul')cer the Plan in each trade in .....hich it has employees. The overall good faith performance by o~~er Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and time- table. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs .7.a through p of L'1ese specifications. The goals set forth in the solicitation from .....hich this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Con~actor should reasonably be able to achieve in each const-~ction trade in-~ich "it has employees in the covered area. The Contractor is ex~ected to make substantially unifo~ progress to.....ard its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failuze by a Q~ion .....ith whom the Contractor has a collective barsaining agreement, to refer either minorities or WOIDE-n shall e.xcuse the Contrac- tor's obligatior~ Q~der these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. F-4 .6. .l.n or-ocr fer ~-,e ;"';:G;......(;:t...~:-:j ~=a.:.;~.:.Ilg no\..:..IS 0;' drr.;.~;.~...:...~~ G..-;.''':: ._.:..;....~....;t~;;) t.o be coun t.ed in meeti' t.."-1e goals, such apprentices ?; no ~ainees mus t. be employed by the c~t Jctor during the training pe::-ioliand the Contractor must have made a commitment to employ the aftrentices and , trainees at the completion of their training, subject to the avail~il- ity of employment opportunities. - Trainees ~ust be trained pursuant to training programs Approved by the U. S. Department of Labor. " tf 7. ~e Contractor shall take specific affirmative actions to ensure equal employment opportunity. ~e evaluation of the Contractor's compliance .....i th these si.,ecifica tions. shall be based upon its effort to achieve maximum resul ts from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the 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 ...'or}:. The Contractor, ....here possible, ....ill assign two or more....'omen to each constrUction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are awa=e of and carry out the Contractor's obligation to maintain such a ....orking environment, .....ith specific attention to minority or female individuals .....orking at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide .....ritten notification to minority and female recruitment sources and to community organizations .....hen the Contractor or its unions have empl01~ent opportunities available, and maintain a record of the organizations' response~. c. Haintain 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 community organization and of what 'action was taken .....ith respect to each such individual. If such individual was sent to t..~e union hiring hall for referral and ....as not referred back to t..~e Contractor by G~e union or, if referred, not employed by the Contractor, this shall be documented in the file .....ith the reason therefor, along with whatever additional actions the Contractor may have taken. "\ d. Provide immediate ....ritten notification to the Director when the union or unions wi~~ .....hich the Contractor has a collective bargaining ag~eement has not referred to the Contractor a minority person or ....oman sent by the Contractor, or when the Contractor has other information that the ~ion referral process has impeded 4t.he Con~actorts efforts to meet its Obligations. e. Develop on-the-job training opportunities 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 the Contractor's emplol~ent needs, especially those programs funded or approved by the Dep~tment 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 re~uesting 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 " '" t , I .I publicizing it in the company newspaper, annual report I etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's LEO policy and affirmative action obligations under these specifications wi~~ all employees having any responsibility for hiring, assignment, layoff, termina- tion or OL~er employment decisions including specific review of these i te.ms wi d. onsi te supervisory personnel such as Superintendents, General Foremen, etc., prior 'to the initiation of construction work at any job 5i te _ A wri ttenrecord shall be made and m..aintained identifying the time and place of these meetings, persons attending, subject n~tter discussed, and disposition of the s~ject ~~tter. h. Disseminate the Contractor's EEO poli~' externally by including it in any ~dvertising in the newS media, specifically including minority and female news media, and providing written notification to and discussing the Contractor is ao policy with other Con trac- tqrs and Subcontractors with whomL~e Contractor does or antici- pates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools ....itl1 minority and ~emale students and to minority and female recruitment and training organizations serving tl1e Contractor's recruitment area and employ- ment needs~ Not later than one month prior to L~e date for the ac~ep~ce of applications for apprenticeship or other training by any recruitment source, the Contractor shall send ....ritten notification to organizations such as the above describing ~~e openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, suomer and vacation employment to minority and f~~le youtl1 both on the site' and in other areas of a Contractor's workforce. ,;'. K. validate all tests and oeber selection requirements ....here there is an obligation to do so ~~der.4l CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of of all minority and fewale perso~~el for promotional opportunities and encourage these employees to seek or to prepare for, L~ough ap?ropriate training, etc., such oppor~~ities m. E~ure that seniority practices, job classifications, work assign- ments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment rela ted aeti vi ti es to ensure that the SED policy and the Con tractor 's F-6 obligations undeJ these specifications are being _f- .;ied out. n. Ensure that all facilities and company activities are non- segrated except that separate or single-user toilet and necessary changing facilities shall be provided to Assure privacy between the sexeS. o. Document and maintain a record of all solicitations of oflers 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 participa te 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-community, or other similar group of \.lhich the contractor is a member and participant, may be asserted as fulfilling anyone or more of its obliga tions 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 posi ti ve impact on the employmen t of minorities and \Jonen in the indust-J', ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce partic- ipation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effective~ess of actions taken on behalf of the Contractor. The obligation to comply, however, i~ the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for ~~norities and a separate single goal for ~omen 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 fem~le, and all women, both minori~ and non-minority. Consequently, ~~e Cont=actor may be in violation of the Executive Order if a particular group is employed in a substan- tially disparate manner (for example, even though the Contractor has achieved i t.s goals for ....omen generally, the Contractor x:-..ay be in violation of G~e Executive Order if a specific minority group 04 women is underutil~zed). 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 ....iG~ ~~y person or fir:n debarred from Government contracts pllIsuant to Executive Ord~::; 11246. F-7 12. The Cont=ac~or shll~ ~arry out such sanctions and I \lties for viola~ion of these specifications and of the Equallopportunity Clause, -including suspension, termination and ~ancella~ion 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 who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contraco;:or, in fulfilling its obligations under these specifications, 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 results from i.ts efforts to ensure equal emplo)'ll'lent opportuni ty. If the Contractor fails to comply ....i th the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance wiL~ 41 crR 60- 4. 8. 14. The Contractor shall designate a responsible official to ~nitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as rr~y be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone nu.mt>ers, const....ruction trade, uni.on affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable fOrID.;ho\Jever, to the degree that existing records sa tis fy L'1is requirement, contractors shall not be required to ~aintain separate records. 15 _ Nothing he=ein pro\rided shall be cons t::-ued as a limi. t..a tion upon the application of other laws which establish di=ferent standards of compliance or upon the application of requirements for L~e hi=ing of local or other area residents (e.g., those under L~e Public ~orks Employment Act of 1977 and '~e Corr.m~~ity Development ~lock Grant Program) . . F-8 I APPENDIX G OMB Circular A-110 .1 . I J Office of Management and Budget Circular A-110 (7/30/76) A-110:1 OFFICE OF MANAGEMENT AND BUDGET IClrcular No. A-IIO] GRANTS AND AGREEMENTS WITH INSTI. TUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NONPROFIT ORGANiZATIONS Uniform Administrative Requirements JULY 1, 1976. To the heads of executive departments and establishments. Subject: Uniform administrative re- Quirements for gTants 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 unlformity among Federal agen- cies in the administration of grants to, and other agreements with, public and private institutions of higher education, public and private hospitals, and other Quasi-public and private nonprofit or- ganizations. This 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. EDective date.-The standards in the attachments to this Circular v.'ill be applied as soon as practicable but not later than January I, 1977. 3. SUPeTsession.-This Circular res- cinds and replaces parts III and IV of the Appendix to Federal Management Circular 73-7. AdministTation of college and university research grants. 4. Policy intent.-The uniform stand. ards and requirements included in' the attachments to this Circular replace the van'ing and often conflicting require- ments that have. been imposed by Fed- eral agencies as conditions of grants and other agreements with recipients. 5. Applicability and. scopc.-Except as provided belOVo', the stand.s.rds promul- gated by this Circular are applicable to all Federa.l agencies. If any statue ex- pressly prescribes policies Or specific re- Quirements tha.t dilIer from the stand- ards provided herein, the provisions of the statute shall govern. The provisions of the at.tachments of this Circular shall be applied to subre- cipients performing substantive wort: under gTants 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 mone\' or property provided in lieu of money paid or furnished by the Federal Government to recipients under programs that pro- vide financial assistance or that provide support or stimulation to' accomplish a public purpose. The term "other agree- ments" does not include contracts which are required to be entered into and ad- ministered under procurement laws and regulations. Grants and other agree- ments exclude (a) t.echnical assistance programs, which provide ~ervice:o. in:o.:cad _I" ~~~__' general revenue sharing, 10:l.ns. 10Ul guarantees. or insurance, and (c) direct. pA.yment~ of any kind to individuals. b. The term "recipient" includes the following types of nonprofit orr:aniza- tions that are receiving Federal runds from a Federal agency or through R state or local government: Public and private Institut.ions of high- er education; public and prh'ate hos- pitals; and other Quasi-public and pri- vate nonprofit organi7.ations such as (but not. limited to) community ;l,ction agen- cies, research Institutes. educational as- sociations. and health centers, The term does not include foreign or interna t.ional organizations (such as agencies of the United Nations) and Government-owned contractor operated facilities or research centers providing continued support for mission-oriented, large scale programs that are Govern- ment-owned or controlled, or are dee, signed as federally-funded research and development centers. 7. RCQucsts lor exccptions.-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:U1 be per- mitted only In unusual cases. Agencies may apply more restrictive requirements to a. class of recipients when approved by the Office of Management and Budget. 8. Attachments.-The standards pro- mulgated by this Circular are set forth in the Attachment.s, which are: Attachment A Cash .-aeposltorles. Attachment B BondIng and Insurance. Attachment C Retention and cust.od.lal re- quirements for records. Attachmen.t. D Pr~ram Income. Att.achment E Cost shnrlng a.nd matcblng. Attachment F' Standards for !Inanclnl ma.n- ngement system..s. Att.achment G Financial reporting require- ments. Attachment H Monitoring and reportlng program pe~formance. Att.o.chment I Payment requlremr.nts. Attachment J Re,'islon of flnl\nclnl plans. Att.a.chmen.t K Closeout procedures. Attachment L Suspension nnd termination procedures. At.tachment M Stnlldarcl. form for appl)'lng lor federal assistance. Attachment N Property management stand- ards. Attachment 0 Procurement standards. 9. Exceptions lar ccrtain recipicnis.- Notwithstanding the provisions of para- graph 7 if an applicant/recipient has a history of poor performance. is not 11- nancially st.able. or Its management sys- tem does not meet the standards pre- scribed in the Circular. Federal agencies may impose additional requirement.s as needed prOVided that such applicant/ recipient is notifted 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 Oroce of Management and Budget and other agencies funding that recipient at the same time the recipient 10. RcSPonsibilities.-Agencies re:o.pon- sible for administ.ering programs Ulat in- volve grant.s and ot.her agreemenLs with recipients shall issue the appropriate regulatlons necessary to implement the provisions of thi~ Circular. All portions of such regulations that involve record- keeping and/or reporting requirements subject. to the provisions of the Federal Reports Act and OMB Circular A-40 must. be submitted La OMB for clearance before ueing introduced int.o use. Upon request all regulations and instructiom implemcnting this Circular shall be fllrni~hed t.o the Omce of Mana"cment and Budget. Agencies shall also dcsig- nate an omcial t.o serve as t.he agency representative on matters relating to t.hl:: !mplementation of this Circular. 'TIle name and title of such representative shall be fumL~hed t.o the Office of Man- :l.gement and Budget. not later than Au- gust 30, 1976. II. lnquirics.-Further information concerning t.his Circular may be obtained by contracting the Financial Mana{:e- ment Branch. Budget Review Division. O!f1ce of Management and Budget, Washington, D.C. 20503, telephone 395- 3993. JAMES T. LYNN, Director. ATTACHMENT A.--CIRCULAn )./0. A-IIO CASH DET"OSITORIEfi 1. This attachment sets fo,..th s~l\ndards governlns the use or banks l\nd otller In- stl~utlons I'S depositories of lunds l\d"anced under grants an.d other agreements. 2. Except lor situations described In para- graphs 3, 4, and 5, no Federal sponsoring agency shall: a. Require physical segregation o( cnsh de- posl torles lor funds which ..re provided to a reclplenot. b. Establish any ellslblllty requlr.ements for cash deposltor!e.s for funds ,,'hlch are pro- vided to a recipient. '. 3. "- separal.e bank ar.count shall be reqUlre ,,'hen applicable letter-or-credit agreements provide that drawdowns will be mr.de ,,'hen t.he reclplent's checks are presented 10 the bank lor payment. 4. Any moneys advanced to a rcclplent ....hlch are sublc'rt to th~ contr"'!.. or re(;ula- '.lon 01 the Unt~ed Slates or any 01 Its olflcers. rgents or employees' (publiC moneys .:s de. fined In Treasury Clrcula.r No. 1.76, BS amended) must be deposited In a ban'k with Federal Deposit Insurance Corporatlon (FDIC) Insurance coverage and the halance exceeding the FDIC coverage must be col- laterally secured. 5. Consistent ,,'Ith the national goal of expanding the opportunities lor minority business ent.erprlses. recipients and "ub- recipients shall be encouraged 'to use mInor- Ity banks (a bank ,,'hlch Is owned at least 50 pcrcent by mInority group member,,). ATTACHMENT B.-CIRCOLAR No. A-IIO BONDING AND INSURANCE :. This attachment sets forth bond Ins nnd Insurance requirements ror granls and other n!;Teemenls ,,1th reclplcnts. No other bond- tng and lnsura.nce requtremcn,t.s shall be im- posed other than those normally required by the recipient. 2. Except as otherwise required by la..... a grant or other agreement that requires the contractln& (or subcontractlng) ror con- strue-tlon or fnclllty Improvements shall pro- ....>, ,__ ...." _...._I_'r---. I" f,"'l~....' ~~r' ,",..'" ,'f'. I Office of Management and Budget Circular A-110 (7/30/76) qulrement.6 relaUng to bid guaranteu, per- 10rm&Ilce bondB, ..nd payment bondB unlees tbe constructIon eontra.ct or subcontract ex- <<eds 1100,000. For those ooIlilract.6 or oub- cont,-.,.cta exceedIng .100,000, the Federal agency may accept the bonding policY and requlrementa 01 tbe grantee provided tbe Yederal agenc)' h.... made' a determlnaUon tbat the Government'o Interest Lo adequately protected. 11 ouch e. determInation bllS not been m&de, tbe minImum requlrementa ohall be IlS 10110""0: a. II lri.d vua.rantee Irom ecu::h buuur equiv- alent to JIve pcrcenl 01 the bll! price.- The "bid gURran:tee" shall consist 01 a firm commltment Buch IlS .. bid bond, certified cbeck, or other negotIable InBtrument ac- companylnga bid.... assurance that tbe bid- der will, upon acceptance 01 hL!l bid. exccute ouch contractu..1 documenlll ... IIUly be re- quIred within the Ume opecl!ied. b. II ~rlarman.ce bcmd on the part 01 the eontrcu::tor Jor ~OO percent 01 the eon I rcu::t prlce.-A "performAnce bond" Is one executed In connection with a contract to secure lul- fillment 01 all the contractor'o obllgatlono under sucb contrf\Ct, c, A payment bcmd on the part 01 the con- trcu::tor lor JOO percenl 01 the con trcu:: t price.-^ "payment bond" 10 one executed In connection WI tb a contract to MBure pay- ment ..... required by law 01 all persona oup- plying labor ..nd material In tbe execution 01 tbe work provided tor in tbe contract. 3. Where the Federal Government guaran- tees or IIlBUru th~ repayment 01 money borrowed by the recipIent, the !"ederel agency. at Its dlacretlon, may require &de- quate bonding and 1n.sUrll.nc.e 11 tbe bondlng and IIlBurance requlrementa 01 the recipient ..re not deemed &dequate to protect tbe in- terest at tbe P'eder..l Govnnment. ~. The Ped.eral eponsorlng agency may re- quire &dequate fidelity bond coverage ",'here tbe recipient bll.!l no coverage and tbe bond Lo needed /to protect tbe Government'B Interest. 5. Where bonda are required In tbe situa- tions deacrli>ed above, tbe bonds ohall be ob- tained lrom companies holding certllles.te<! 01 authority ..... a.eceptable ourdl... (31 CPR 273) , AnAclUoa:h"T C.--CIltCU1JJt No. A-ll0 1.rTZ:N"TION' AN"D CUSTODIAL ItLQUDlXWZNT6 rOB I.ECOK.DS 1. ThLe att&cbment ..et.s tortb record reten- tion requlrementB lor gTant.6 and other agree- ment.s wIth reclplent.6. Federal oponsorlng 8.€8n.cles sball not Impoee any record. reten- tion requirement.! upon rec1plent6 other than tbO&e descrIbed below. 2. Excell.! lor pe.rag1"&pb 1, this e.tt.achment also a.ppHes to oubreclplen ts "" reterred to In paragraph 5 ot tbe b....lc circular. 3. P1ne.nclal recorda, oupportlng document.s otatL!ltlcaJ recordB, and all otber records pertl: nent to an e.~ement &haJl be retaJned lor a perIOd 01 three yeB.n!, wIth the tollO"'1D.f; qUall!lcatlon.e : L. 11 any lltlge.lIon, cla1.m or audit Is ot.arted belore the expiratIon 01 the 3-year perIod the N>OOrdB &haJl be retained until all IItlgILtions cla1.ms, or audIt findlnglllnvol,-Ing the reeor~ Mve been resolved b. ~rds lor n~nexpend..ble property ....- Qulred wlLh l"-e<lern.1 funds &haJI be retained lor 3 ye&..r'll &.tIer I t.s Ilna.1 d Ispoeltlon c. When r"",,orde 8./"e tnlnJIlerred ~ or maJn- talned by tbe Federa.l ,;ponsonng agency the ~-lyenr retention requirement Is not appilca- e to tbe recIpient. ~. The reten tlon perIod SUi.oots trom the date of tbe eubrn1&lon of the !lnaJ upendl- ::nu;;, report or, for gr&DtB and other e.p-ee- t.s that 8./"e renewed ILnnuaJly trom th ~t.e of the RubmL!l810n of the LOnu.1 Lncjal .tat\U re-port. 5. ~clplent organlzatlona should be au- thorized br the rederal sponsorIng ...gency. 11 ther &0 desire. to aubstltute mlcronlm ooples In lieu of onvlIU\1 records. 6. The l"-e<leral ..ponoort.o.g ...gencr ...hall re- quest transter 01 certain recordo to It.s cw- tadl' lrom recipIent organl....tlona ",'ben It determJnes that the records pOMtll3 long- term retention value. However, In order to avoid duplicate record -keeping, a Federal sponsoring agency me.y ma.l<e e.rr..ngemen1.6 wlth recelplent orge.nlzatlons to rela.ln e.ny recordB that are con tlnuOUBly needed lor JoInt use, '7. The head of the Federe.l oponsorlng ...gen- C). and the Comptroller General 01 the United Statea. or any of their duly authorlzed repre- sentatives, Bhall have access to &nl' pertinent books, doeument.o;, papers, and recorda 01 the reclplen t orge.nlzatlon and their oubre- clplenta to [)'lAke a.udltB, exe.mJnatlons, ex- cerpt.o; and tranBcrlpt.s. 8. Unless otherwise required by la"". no Federal sponsoring agency "-"lIul plo.ee re- strictions on recipient orge.n1zatlona that will limIt public o.ecess to the reoord..'l of recipient organlzatlOD.6 that e.re pertinent to a grant or agreement except wben tbe agency Can demonstrate that such records must be kept confidential and would have been exupted Irom dLecI06ure pursu..nt to the :Freedom 01 Information Act 15 U .S.C. 652) U the reeord..e h&d belonged to tbe Federe.l sponsoring agency. AUACHI>aNT D.--Cmcu1JJt No. A-IIO PIlOGRAM INCO>4X 1. Yederal oponsorlng ~ncleB aball a.pply the standard..e oet lortb In this e.tts.ohment In requiring recIpient organlze.tlon.e to account for program Income related to projectB Iln.a.nced In wbole or in pe..rt W1th Federal lunds, Progra.m. Income represents gl'"088 In- come earned by tbe recipient lrom tbe led- erally supported a.ctlvltles. Such e&rnlngll ex- clude Int.erest earned on &dve.nces and may Include, but will not be llm.lted to, Income trom ..ervlce leea, eBle of oommodltlea. u"",€e or rental fees, a.nd royalties on pe.tent.! lUld coprlgbtll. 2, Interest ee.rne<l on advances of Feder..l lunds ahe.ll be remitted to the Feder-e.l agency eX"Cept f or In terest earn ed on ad n.n oetl to Stale8 or IIlBtnunen.t.a.lltlee ot a State 8.ll pr<r- vlded by the Intergovernmental Coopera.tlon Act of 1 P68 (PubUc L.a.w ~77). 3. Prcx:.e<<1B Irom tbe 68.le 01 reo.l lUld per- llOnaJ property eltber pro,-Ided byUle l"ed- eral Government or purcba.8ed In wbole or In pe.rt W1tb Federal tunds. obaJl be be.ndled In accordance W1th Attachment ~ to tbls clr- cui8./" pert.a.lnlng to property m.a..DAgement. {. Unl...... tbe agreement prOVIdes other- wise, reelplentB ..bBlI have no obllge.tlon to the P-cderal Government W1tb respect to royalties received ... a result 01 copyrlgbts or patent6 produced under the gTant or other agreement (&eo ps.ra.gT'8.ph B, Attacbment N). 5. All other program Income es.rne<l dur1D.f; tbe project penod shall he ret.a.J.ned by the recipient. ..nd, In accord........ce ",'Itb tbe grant or other a.greement, ahaJl be: .... Added to lunds cOmm.Jtted to the proJ- ect by tbe !"ederal apon&Orlng e.gency and recIpIent organization and be usoo to turtber eligible pTOgTam objectIves: b. Used to Ilnance tbe non-Federal &he.re of the project when approved by tile Federal spon&OrtD.f; agency; or c. IX-ducted trom the total project. C06ts In determlnlr.[ the net OO8t..o on which the 'F'ed ero.l ah e.r. 0: COll ts w III be ba.s.ed. AnACBWrNT E.--CDlCU1.AJt ~o. A-IIO COST SH...\.1I}rfC AND ).(ATCHINO 1. Thlll atta.chment o.eta lorth crIteria pl"OCedur... lor the allo.......bUltT or CJU'.h I A-110:2 ..nd n:;'l~ In-kind contributions ma.de by reclplent.o; or ,ubreclplents (..... relerred to In paragTaph 5 01 the b...lc circular). or tblrd partIes In oat- lofylng ooot oharlng and matcblng require- ments of Federal sponsoring agencIes. Thl, attachment e.loo establ1&hee criterIa lor the evaluatlon of In-kind contrlbutlon.e ma.de by third partIe., and supplementB tbe guIdance aet forth In Federal MAnagement Circular 73-3 ",'Il1h respect to cost ,baring on leder- all)'-oponsored researcb. 2. The lollowlng dellnltlono apply tor the purpose 01 thll; attacbment: a. Project COJt..-ProJect coots are all ..1- lowable C05t.s (a.'l set lorth In tile appllcnble Federal C05t prlnclpleB) Incurred bl' a recIpi- ent and tbe value of the In-k.lnd contrlbu- tlOD.'l made by the reclplen t or third partie' In accompllshlng the obJectlvee of tbe gran t or other agTeement during the project or pro- gram perIod. b. Co.t .harlnu and matchlnu.-In general, cost sonrlng and matching represent th..t portlon 01 project or program coots not borne by the Federal Government. c. Ca.Jh contrlbutto1l.'l.--Casb contrlbutlon.e repre&ent the recipient's ea.8houtlay, includ- Ing the outlay of money contributed to the recipient by non-Federe.l third parties. d. In-kind contrlbutio1u.-ln-klnd contrI- butions repreBCnt toe value of nones..sh con- trIbutions provided by tbe recIpient and non-!"ederal tblrd partl.... Only ....ben au- Vhorlze<1 by Federal legislatIon. IDAY property purcb....e<l wltb Federal tunc1.8 beconsldeTed a.8 tbe recIpient's In-ltJnd contrlbutloDa. In- kind contrtbutloIlB may be in the lorm 01 cb..rges tor real property a.nd non-exp..nd- able personal property, e.nd the value of goods and ...,...,.Ice.e directly bene!ltlng ..nd Bpeclfically Identlfi..ble to the project or program. 3. General guidelines tor oomputlng cost abarlng or matcblng e..re &:l tOUOWE: a. Cost ahe.rlng or matching IDAY consist of: (I) Charges incurred by the recipient a.8 project COStIl. (Not all cha.rges M>qulre ce.sh outlaY" by the recipient durtngt1be project period; eXAIDples are deprecIation and uo.e cbarges tor buU~ a.nd equlpment.) ( 2 ) !'TO J ect COll tB Il n.a..ooed ow1 th ce..sh co n - trlbuted or donated to the recIpient by other non-Pederal publlc ~ncles and In.8tltutloDll, and private Org1LnlzatloDll a.nd individuals, e.nd (3) Project COlltB repreBCnte<l by "",...,.Ic:eo and real and peI'S()nal property, or UBe there- or. donated by other non-P'ederal public agencl~ and tIlBtltutloDll, lLDd pru.ate 0l"g1l- nlzatloIlB a.nd Indl"r1duals. 'I b. All contribution&, both eas.b a.nd 1n- kind, &hall be ac.eepted a.8 part of tbe recIpi- ent', eoet obe.r1Dg ..nd mat.cbing wben ilUcb contrlbutloD8 meet ..11 ot the tollowtng crl~rla : (1) Are verUlable trom tbe recipient'. records; (2) An not Included s..o contributions tor any otber tederally-.....loted program: (3) Are nece88ary and rea.80nable tor prop- er and elllclent a.eoompUahment 01 project ob)ectlve..s; (~) Are types of cb8./"g-ea that would be al- lo",...ble under the applicable oost principles: (5) Are not paId by the P-cderaJ Govern- ment under another ......Il<t&nce agreement (unless tbe agreement III authorized by P'ed- eralla.... to be uae<1 tor eo<<t aluJ"lng or matcb- Ing); (6) Are provlde<l lor In tile approved budg- et wben required by the P-cdero.l agency; and (7) Con!orm to other proVL!lIOIlB 01 thlll atL..cbment. 4.. Values tor reelplent in-kind contr1bu- tlODll will be ""tabll!<bed In aecordanoe wtth the applla.ble cc>o<t prlDclples. 5. Sr><'cLllc procedUre<! tor the reelplentJI In ~"'Ulhll....hlnC" th,. 't'r.Jl,'" nf' ln~~1T"1t1 ,.."...-.,f1""1h,l_ :.. I Office of Management and Budget Circular A-110 (7/30/76) tlons from non-Federal third partles Me set forth below: Il. Valuation of "o/unterr .<cTl';ees.-\'olun- teer servlcoes mol' be furnished by prolesslonal Ilnd technical personnel. consultants, and other skilled and unskilled labor. VOh1l1tcer services mR}' be counted n::; C05t ::;hnrl11g or mlltchlng If the service Is nn Integral and necessnry pMt of nn n pproved pro~ram. (I) Rate.' for uolltnteer seruice,'.-Rntes for volunteers should he conslstcnt with I.hose paid for slmllor work In the recipient's orgnnI7.atlon. In those Instnnces In which the required skills nre not. Inund in Ihe recipient orgnnI7.ntlon, rntes should he consistent with those pnld for similar work In the lnbor mar- ket In which the recipient competes for the kind of services Invoh'ed. (2) Volunteers ","ployed by othcr organ;- ::ations.-When nn employer other than the recipient furnishes the sen'lces of Iln em- ployee, these services shnll pc valued Ilt the employee's regular rnte or pay (exclusl,'e of Irlnge benefits I\nd overhead costs) provided these services nre In the sllme skill for whIch the employee Is normnlly pnld. b. Valuation of donated, czpendable pcr- sonal propcrty.-Donllted, expendnble per- sonlll property Includes such Items as ex- pendable equipment, olflce supplies, laborll- tor~' . supplies or workshOp and clnssroom supplies. Value assessed to expendable per- sOllal property Included In the cost or match- Ing' share should be reasonable and should not exceed the .market vlllue of the property at the time of the donation. c, Valuation of donated, nonezpend-able personal property, buildings, and land or we thereof. (1) The method used lor chargl ng cost sharing or matching for donated nonex- pendable personal property. bulldln!;s and land may dlller according to the purpose 01 the grant or other ngreement Il.S follows: (a) H the purpose of the grant or other agreement Is to assist the recIpient In the a.cqulsltlon of equipment, buildings or land, the totl\.l value of the donated property ma)' be claimed as cost sharing or matching. (b) H the purpose of the agreement Is to support activities that require the use of eqUipment, buildings or land, depreciation or use charges for equipment and buildings may be made. The full value of eQuloment or other capital assets Rnd fair rent~1 chlt/"j,!es for land ma~' be allowed provided that the Federal allency has approved the charges. (2) The val ue of donated property wIll be determined In accordance with the usual accountIng policIes of the recipIent wIth the following QualificatiOns: (a) Land and bILildings.-The value of donated land and buildIngs may not. exceed Its fair ml\.rket value, at the time of donation to the recipIent as cstabllshed b)' an Inde- pendent appraIser (e.g.. certlfied real prop- erty appraiser or GSA representatives) and certlfled by a responsible olflclal of the recipient. (b) NcmeIpend4ble pe,'sonnl pro-pert.u.- The "Idue of donated non expendable personal property shall not exceed the laIr market value 01 equipment and property of the same age and condition at the time of donation. (c) Use of spC'..ce.-The vnlue 01 donated space shall not exceed the fair rental ,'alce of comparnble space as established b,' Rn Independent approlsal of companble ~pace and facllltles In a prlvntely-owned buildIng In the same locall t~':' (d) Loaned equiprnent.-The vnlue 01 loaned equIpment shall not exceed Its lair rent.al \,n)uc. 6. The followIng requlremeuts pertain to the recipIent's supporUn!; records for In- k1nd contributions traIn non~Fcdr.ral third n:::l:-Ur->e a. Volunteer services musl be documented and, 10 the extent lensible, supported by the same methods used by the recipient for Its employees. b. The basis for determining the valuation lor personal sen'lces, material, cqulpment. bulldlllgs and land must be documented. ATTACJlMCNT F.--ClRCULAR No. A-lID STANIlARUS Fon FINANCiAL MANAGEMENT SYSTEMS I. TIlls attachment prescribes sll\ndords lor flnnnclal monagement systems of recipients. Federnl sponsoring agelltles shall not Impose additIonal standards Oil recipients unle..., spe- Cifically provided lor In tbe nppllcable sto- tutes (e.g.. the Joint FundIng Slmpllflcatlon Act. P.L. 93-510) or other ntll\chments to this clrculnr. However. Federal spollsorlng ngen- cles are eneournged to mnke suggestions nnd assist recipients In eslballshlng or Improving fmnnclal lllanILgement systems when such 1l.S- slstanct' Is needed or requested. 2, Reclplen!." tinonclal management sys- tems shall provide lor: n. Accurate. current and complete dlstlo- sure of the financial results of ench federally sponsored project or program In accordance with the reporting requirements set forth In Att...chment G to this cIrcular. \Vhen a Fed- eral sponsoring agency requires reporting on an accrual basis, the recipient shall not be requIred to estnbllsh an ..ccrual accountlng ,,'stem but shall develop such accrual data l~r Its reports on the basis of IUl annlysls 01 the documentation on hand. b. Records that Identify adequately the source and appllcl\tlon of funds for lederall)" sponsored actlvl tics. These records shall con- tain Informl\tlon pertaining to Federal awards, authorizations, obligations. unobli- gated balanccs. nssets, outl..ys, and Income. c. Effective control over and accountability for all funds, propert~' and other assets. Re- cipients shall adequatel)' safe!;Uard all such' assets and sh..1I assure that they are used solely for authorlz,ed purposes. d. Compl\rlson of actual outlays with bud- get amounts for each grant or other agree- ment. Whenever appropriate or requIred by the Feder..1 sponsoring agcncy,. fin..nclal In- formation should be related to perlormanee ..nd. unit cost data. e. Procedures to minimize the time elapsing between the transfer of funds from the U.S. Trcasury Ilnd the disbursement by the recip- Ient, whcnever funds are advanced by the Federal Government. When advances nre made by a letter -of -credIt method, the recip- Ient shall make drawdov..ns as close as pos- sible to the time of makIng disbursements. r. Procedures for determining the reason- ableness. ..lIo""..blllt)' and alloc..blllty of costs In accordance with the provisions 01 the np- pllcable Federal cost prInciples and the terms of tile grant or other agreement, g. ACCounting records that are supported by source documentation. h. Examinations In the form of audits or Internl\l audits. Such audits shall be made by quallfied Indi\'iduals who nre sufficiently Independent 0: those who I\uthorlze the cx- penditure of Fede.:,1 funds. to produce un- biased opinions. conclusions or Judg-rnents. Thev shall meet the Independence crlterln Illo";g the Ilnes 01 Chapter 3. Part 3 of the U.S. General Accounting ornce publication, Standard' lor Audit of Government:ll Orl;nn- I,.nlions. Programs. Actl,'ltles and Functions. T1)cs~ cxanltnntions nrc lnt.ended to a...c.;cer- Utln the etlectlvcness 0: the financlnl manJ agemcnt. systems ~nd internal proc.edures' that have been est.'\bllshed to meet the terms and C0nditlons 01 the agreement.,. Yt Is not Intended that each ngreement awarded to the rcclp\cnt be cxnmlncd. Gcnernlly, cxnmlnn- t.ton~ should be ~ond\Jctcd Gn an OT(~n.n1z.n- +l,'n_'.'.'rl.... "H\C:~'" 1n f,..~t thr> fi~rnl 1111("("'':"'11.\' nf I A-110:3 financlnl transl\cllons, M wcll as compllnnce wlLh the terllls and conditions 01 the Federlll gnn!.< alld othcr agreements. Such tcsts would include I\n appropriate sampling 01 Federal arreements. Examlnatlolls ",'III be conducted with reasonable frequency, on a continuing bILsls or l\t scheduled Intervals, usunll)' annually, but not less IreQuent.ty thnn e"er)' two )'ears. The frequcncy of these ex- nmlnatlons shall dcpend upon the nnture, S17,c I\nd the complexity of the nctvllty, These exnmlnatlons do not relieve Federal agencies 01 their nudlt responsibilities, but mn)' aITect the frequency and scope 01 such audits. I. A svstemnllc method to aSSure timely and npprop~lnte rcsolutlon of audll findings and recommendallons. 3. Prlmnry recipients shnll rcqulre subre- clplents (I\S defined In pnrngraph 5 of the basic circular) to adopt the standnrds In pnragraph 2. I\bove except tor the require- ment In subparagrllph 2e. regnrdlng the use' of the letter-ol-credlt method and thnt pILrt of .s-ubpl\ragraph 2a, regnrdlng reporting forms l\nd frequencies prescribed In Attnch- ment, G to this circular. ATTACHMCNT G.-CIRCULAR No. A-liD FINANClAL RE:fI'On1""IN'C REQUIREM:E:NTS 1. This atll\chment prescribes unllorm re- porting procedures for recipients to: sum- IDarlz,e expenditures mnde Ilnd Federlll funds unexpended for each award, report the stntus of FederRI ellsh advl\nced., request advnnces and rclmbursement when the letter-ol-credlt method Is not used; ..nd promulgates stand- nr<'. forms Incident thereto. 2. The following definlllons apply for pur- poscs 01 this attachment: a. Accrucd czpenditures.-Accrued ex- penditures are the charges Incurred by the recipient during.. gIven period requIring the provision of funds for: (1) goods and other tangible propert)' received; (2) servlccs per- formed b)' employees, contractors, subreclpl- ents. and otber p"yecs, and (3) other amounts becoming owed under programs for whIch no current servlccs or perlormance Is requIred. b. Accrued inco1/lc.-Accrued Income Is the sum of (1) earnln~ durIng a gIven period lrom (I) servlces.performed by the recipi- ent: and (11) goods I\nd other tlUlglble property dell,'ered to purchasers: and (2) amounts becoming owed to the recipient lor wh~h no current services or perlonnance Is required by the recipient. c. Federal funds authorized.-Federal funds authorlz,ed ar~ the towlamount of Fcderal funds obligated b)' the Federal Gov- ernment for use by the recipient. This amount mav Include anv I\uthorlzed carry- over of unobllgated funds [rom prior fiscal years when permitted by ll\w or agency regu In tlon. d. In-kind contribution.s.-ln-klnd con- tributions are defined In Attachment E to this circular. e. Obligation.s.-Obllgntlons are the amounts of orders placed, contracts and grnnts awarded, services received, and simi- lar transactions during n given perIod that vdll require payment by the recipient during the s"me or " future period. l. OILUays.-Outlays or expenditures repre- sent charges made to thc project or program. They mny be reported on a cllsh or accru,,1 bnsls. For reports prcpa.red on a cash bl\sls. ouLla ,'s arc the sum of actul\l cash dlsburse- mcnt.~ for direct charges lor goods nnd serv- Ices. the amount of Indirect expense charged. the ,'aluc 01 In-kind contributions applied, and the amount of cash ndv"nces "nd pay- men!., mnde to subreclpients. For reporLs pre- pared on nn Rccrunl basis, outl"ys are the stun of A.ctu[\l co.sh dl::;b\lr~cments for dlrect c.J)~rgc~ for ~()od::; 3.nd ~cr'\'lcc5. the nmount nf lncl1rc('t ('~~('n~(' tnc.urr"d, the ...nltH" ('If in- I \ Office of Management and Budget Circular A-110 (7/30/76) kind contrIbutions applied, and the net In- crease .lor decrease) In the amounts owed by the recipIent for goods and other property received, tor services pertorme<! bl' employ- ees, contractor>, subreclplen\.8 and other payees ..nd other ..moun\.8 becoming owed under programs tor ,,'hlch no current serv- Ices or performance are required. g. Program In.come.-Program Income Is denned In Attachment D ot tbls circular. It ma y be reported on a c.....h or accru..1 ba.sls, whichever Is used tor reportIng outlays. h. unob/lgaled balance.-The unobligated balance Is the portion ot the tunds author- I:r.ed by the Federal spon..orlng agency thl\t has not been obligated by the recipIent and Is determined by deducting the cumulative obligations trom tbe cumulative tunds au- thorIzed. L unllqufdaled ob/lgatlo.....-For reporu. prepared on a cash' bl\8ls, unliquidated obli- gations represent the'Gmount ot obllgatlons Incurred by .the recipient that has not been pl\ld. For reporl.8 prepared on an accrued ex- pendIture be.sls. they represent the amount of obligations Incurred by the recipIent tor whlcb an outll\Y h.... not been recorded. 3. Only the followIng torms ,,'Ill be au- thorized for obtaining financial Intormatlon trom reclplenl.8. a. Financial Status Report (EXhibit 1). (I) Each rederal sponsoring agency shall require recipient.!! to use the standardized Financial StatuS Report to report the status of funds tor all nonconstructlon projec\.8 or programs. The Federal sponsorIng agencIes' may, 1l0wever, have the optlon ot not re- quiring the F1nanclal Status Report when the Request tor Advance or Reimbursement I paragraph 4a) or Report of rederal Ca.sh Transactlons (paragraph 3b) Is determined to provide. adequate Informatlon to meet their needs, except that a final F'lnanclal Status Report shall be required at the com- pletion, of the project when the Request tor Advance or ReImbursement form Is used only tor advances. (2) The Federal sponsorlng agency shall prescrIbe whether the report shall be on a casb or accrual basis. It the Federal sponsor- Ing agency requires accrual Intormatlon and the recIpient's accountlng records are not normally kept on the accrual basis, the re- cipIent shall not be required to convert 1\.8. accounting system, but shall develop such accrual Informatlon through best estlmates based on an analysis of the eocumentatlon on hane. (3) The Federal sponsoring agency shall determine the frequenc" of the F1nanclal Status Report for each 'project or prosram considering the size and complexity of the particular project or program. However, the report shall not be required more trequenth' than quarterly or less trequently than an'- nualll' except as provide<! In subpl\ragraph 3a( I) above. A final report shall be requIred at the completion ot the agreement. (4) Federal sponsoring agencIes shl\ll re- quire recipients to submit the FinancIal Status Report (original and no more than two c0ples) no lI\ter than 30 days alter the end of each sp€'clfled reporting period tor quuterll' and seml-..nnua) reports, and gO days for annual and final report.!!. Extensions to reporting due dates mal' be granted upon request of the recipIent. b. Report 01 Federol Co.sh Transactions (Ezhibit 2). (I) When tunds are ad vo.nced to recipients through letters of credit or with Treasury checks, the Federal sponsoring ayencles shall requIre each recipIent to .ub- mlt 1\ Report of Federal C..sh TranMCtlons. The Federal sponsoring I\sency shl\1I u.e this report to monitor cash lldvl\nced to recipients I\nd to obtain dlsbursement'lnlormatlon lor ea.ch agreement from the reelplen\.8. (2) Federal sponsoring agencies ml\~' re- quire torecs.sts of Federal cash requirements In the "Rems.rks" "ectlon of the report. (3) Wh~n practical ..nd deemed necessary, the Federal sponsorIng agencies may requIre reeelp\.8 to report In the "Remarks" ~ectlon the I\mount ot cash advance. In excess of three days' requirements In the hl\nds of sub- recipients and to provide short n..rratlve ex- planot.lons of ..ctlons tl\ken br the recipIents to reduce the exceS3 bal ances. (.) RecipIents shall be required to submit not more than the orlglnal ..nd two copies of the Report or Federal Cash TTans..ctlons 15 working da~'s tollowlng the end of each quarter. The Feder..1 sponsoring ..gencles may require a monthly report trom those recipients receIving I\dvance. totaling $1 mUlIon or more per year. (5) Federal sponsoring agencies ma)' wolve the requirement for subml!.Slon 01 the Report of Federal Cash Transactlons when monthly advances :10 not exceed s 1 0,000 per recipient, provIded that such adv..nce3 are monitored through other torms contaIned In.J,hls at- tJ.chment, or It, In tbe Federal sponsoring ngenc~"s opinion. the recIpient's accounting controls are adequ..te to minimize excessl\'e Federal ndvances. 4.. Except ..s noted below. only the tollow- Ing torms will be authorized tor the reelpl- en~3 In requesting advances and relmbur",,- ments. a. Request Jor Advance or Reimbursement (Exhibit J). . (I) Each Federal spon!orlng agency shl\ll adopt the Request tor Adv..nce or Reimburse- ment as a standa.rtllzed torm tor all noncon- !truetlon programs when letters-ot-credlt or predetermIned advance methods art not used. Federal sponsoring ..gencles, however. ha\'C the option of usIng thl3 torm for construc- tlon programs In lieu or the Outlay Report and Re:juest tor Relmburseme:lt tor Con- struction Programs (subparagraph 4b). (2) Recipients shall be authorized to sub- mIt requests tor advances ..nd reimburse- ments at least monthly when letters-of- credit are not used. Federal sponsoring "cencles shall not require the submltslon or more th..n the orlglnal and two copies of the Request tor Adv&rlce or Reimbursement. _I A-110:4 b. Outlay report and request lor reim. buru11lent for construction progrom.' (Ez- hibit 4). (I) Each Feder.l r.pon!'oOrlng agency 5hl\11 adopt the Outlay Report and Request ror Re- Imbur.~ement for Construction Programs as the standardize<! tormat to be ul\ed for re- questing reimbursement for construction programs. The FedernJ sponsorlr.g I\gencles mal'. however, have the option of substitut- Ing the Request tor Advance or Reimburse- ment Form (subparagraph 40.) when the Fede",1 ..gencles determine that It provides aclequl\t.e InforITU\tlon to meet their need.. (2) Recipients shall be authorized to sub- mit requests for relmbur.ement at least montllly when letter.-of-credlt I\re not used. Federal sponsoring ogencles sh..1I not require more thon the original I\nd two copies of the autioI' Report and Request lor Reimburse- ment for Construction Programs. 5. When the Federal sponsorIng agencies need additional Inlorm..tlon In using these torms or more frequent rc.porls, the following sh..1I be observed: . a. When addltlonl\l Information l~ needed to comply wIth legislative requirements, Federal sponsoring I\gencles sh..11 Issue In- structions to require recipients to submit such Information under the "Remarks" sec- tion of the report.~. b. When necessar)' to meet specific pro- gr..01 needs Federal sponsoring agencies shall submit th-e proposed reporting requirements to the Flno.nclal Management Branch, Budget Revle"" Division, Office of Management and Budget for approval prior to submission of the reports tor cleaJ"an~ under the pro- visions of OMB Circular No. A-40. C. When a Federal sponsoring agency hl\s determIned that a recipient.. accounting sys- tem docs not meet the St&rldards tor FI- nl\ncl"l Manageme:lt contained In ^Uach- ment F t.O thIS Clrcul..r, o.ddltlonal pertinent Inform..tlon to further monItor grants and other agreements may be obtained upon written notice to the recipient until such time :lS the system 15 brough t up to standard. d. The Federal sponsoring agency, In ob- taining Information as In paragrl\phs a, b and c above, mus' comply ",'Ith report clear- ance requlrements of the Office of M..ruge- ment and Budget CIrcular No. A-40, as re- vIsed. 6. Federal sponsoring agencies have the option of shading out any line Item on I\ny report that Is unnecessary tor decisIon-mak- Ing purpose.. 7: Fede,...J sponsoring agencle~ should ac- cept the IdentIcal Inlormat\4)n 1rolT> the re- cIpients In machine usable torml\t ~ com- puter printouts In Heu of prescribe<! forml\ts. 8. Federal sponsorIng agencle:; may pro- vide computer outputs to recIpients ,,'hen It wll1 expedite or contribute to the accurl\cy of reporting. 9. FedeTPoI sponsoring agencIes I\re author- 17,ed to reproduce these forms. The forms for reprod IIctlon purposes can be obtlllned from the Omce of Man3.gement and Budget. \ I _I Office of Management and Budget Circular A-110 (7/30/76) A-110:5 ~ w ~ ~ < ~ ~ 0_ [] .J <~ .. .. 0'- .. x ~ ~ . _ CJ ~~D 'ig > - eo ..a: ~6 1 ; ~ ~ i :t o ~ [1'- ~t; ~e o g I: z _ ... ~ E It ~ ~ ~ g De ~ .. 0 .. 0 _c ~ r . . ~ z .:....- ~ a. ~ ~ .,. ~ .... '- .,. .. E o .. o ~ ~ ~ E ~: E s~ ; ..z 0 . .. =--: o . E i i ~ . " ;: 8 CJ c ~ ~ 2 ~ j t ~l s -- ~ ., ~ .: ~ ! ,. .: ~ ~ '- .,. ~ t; ~ ~ ~ ~ x CJ i ]I: e .,. E :z: i: !i: i 2 o 0 ... ~~o r '" :0 !i: :c ~ :;; o g ~ .,. ~ c Z o 1= ~ '< i o o z c : . " z z o ~ ~ z ~ u '- i t; ~ o c ~ . " w ~ . , ~ ~ ,. ,,; ~ .,. e ~ ~ .., .... ..: "" , I- ~ 0:: 0 .. , 0... ~ i l.J.J "" ~ .,. u 0:: .:; ~ (/') ~ ~ :::l ~ .I. I- .. i '" <( ~ ~ '" l- i ;:: (/') 1 ;; ;:: ~ l - -I . ~ U t: <: ~ 0 'ti ~ ~ '" ~ ~ ~ :z: .. U z 0 'l: E z f 0 ;:: ~ 0 <: 1= u = ~ 8 ~ z 0 z: '< 2 "t ~ -= - ~ - c. 5 ~ LL... '" ., 0 "< ~ ~ ;;, :;;: 0 ~ c:: '5 '5 t. 8 0 I: 0 -:; U a: (; I;;' I c.. - .. .:; I .- i~ u ~ ~..~ .. -<~ c a: ....t ~~ 00 "'." n.w Z c ~!:: o~ X" ' c ...::lO n." ~i w.., t-~ ..m .Jf 0- <:0 w, ;~.( 0", ..c "E . 000 ....z "or ~l' .: aD .J ~" " z~u Z c.a: w ~.- E .J _. U .. ;:: ;:: a: w 0 U Z 0 < w w .... ::lO ii: < 0 :z: x .... 0 :0 w < .. .' ... :z: 0 ii: n. w a: or :o.J 0 ..< 0 <- z~ '" ",'" n. -... ~ ",0 i"gc"E 'O:~r ;!~: . c.:;o L . E 0 - 'i8'i-= "J"-.c: g~;1:: .xti3~ E~g1: o c . '0 u ;::I . . " . z !i;~ 0 . c t.. = g .,l: ... . Q. - .. = B~&~ ;: E ~c=... E :e:s.~ CJ ~~~ ~ il 0 - ." ~ ~ 1 ;;: ; w .$ D or 0( ... 1i { ~ J ~ ~ .! ;;: ~ l D ~ s ~:- "[ z t ~ ~. E .. ... z 1 ~ " 0 1 " .. 0( 05 : 1 ~2 1 ~ ~ 0 - , ;; -! ;; ~ ~ 0 t .;; i " ~ N W i ~ c .. ., ~ .2 .., ~ .. .;; ~ , " - 1 ,.. :; " c ~ ..:.- .. !! :c c . .2 'C '5 0 .. ! - "- c ~ ! 0 ., ~ = 'i ~ 1 - ~ ~ C .c: "0 ~ "- ., 0 1 '5 .. " '5 ~ c_ --~ 0- -.. .. ~ :; 0 ~ ;: .~ . 'l: - ~ :0 .. = c w 1. 0 ~ ';; 0.... ';; c !! "0 ! 0 t ~ 0 c ~ . ~ ~ ~ ." - . 0 u .. c .. .. . . . ~ c = ~ .. , " ~ - ~ c z; . >- 5 ., i ';; .. 0 ';; > c 0 u 2 ; " ~ -;; .. .0 ~ oS 1 !Xl ;: ; ... , :; ... c ~ ~ t ~ :i: ~ .~ ,..- i: I~ .~ E i: C ';; :; ~ ~ ... 0 c ~ ~ "0 E ,; ><: '5 ... '5 .. z ~ = ~ ~ " ~ '1: ~ 0; lu 0 0 . ~Ic I;; .; 0 :0 . :3 c c ~ C !! ; g ~ ~ .. - :.:; IS z .. 0 "0 :0 "0 C 0 ~ - ..;) .... .. .. .... = .... :0 0 - :i I ~\ _I Office of Management and Budget Circular A-110 (7/30/76) INSTRUCTIONS Please type or prinllegibly. Items 1. 2, 3. 6. 7. 9, IOd. lOe. 109. 10i. 101. lla, and 12 are self.explanatory, specific instructions for other items are as lollows: I""" E.l.." .4 [nttr the employer ldenUnCbtlon number aullne<l by the U.S. Intemal Reovtnue Service or F'IC[ (Institution) cod" If required by the F.oer.lspons.oring Asency. This !Ipece II reurvtod tor en account number or othrr identitying numb4n the' may be .SlisnPd by the recipient. Enter the month, dillY, and ye.' of the berinnlnlR end Itndln, of thi, proJe-c' period. rOf formula 1,.nU that If' not .warded on . project baJlJ. ihow the Ir8"' period. 10 The purpo,.e of vertical columna (el through Cf) Is to provide fln8nci.1 Olta 'Of f'ach progfllm, fUnction, and ectlvity in the budrrl as approved by the rederel U)()n. sorln, areney. If additional columns art needPd, un ., many eddltlonal torms es nwded and Indlute paRe number In ,pace- prov'de-d In upper right: however. the totals of ell progTbms, functions or activities Should be shown in column (g) of the first pare. For e,r.eme-nts pertelnlnR to s.everel Cah10g of Federal Oome!.Uc Assistance pl'1)irams that do not require I further functional or ectlvtty elenlflca\ion breakdown, enter under columns (a) through (f) the title of the program. For 'flints or other auishnce a8rHments containing muttiple programs where one- or more programs reQuire z further breekdown by function or activity. use I M;perate form for each prog",m showing the applicable functions or activttin In the lep.rate columns. For ,mnts or other .",istance 'EreemanU contllinin8 Sf'V. ar.1 functions or activities which are funded from sevenl programs. prepare I 'SIPIr8te form for each Ilctlvtty or lunctton when requested by the Federt: aponsoring agency. lOa Enter the net outlay. This .mount should be the same as the amount repol"\eod In line 1 Oe of the last report. If there he. been an adjuSlment to the amount shown p"""tousty, pleue attach expllnalion. ShO'Wlf zero If this II the Initial report. - lOb Enter thlt tolel ,I"08S Pl"Oiram outlays (less rebatet, refunds. and other dis.counU) lor this ~port period, Including disbursements of cash realized liS program income. F04' reports th.t!lt lire p'cpa~ on I euh basis. outlay,. are the sum of ectual cash disburse- mPf-:ts tor goods and services. the amount of Indil"f:";'t expenSe chaf"8ed, the value of In.kind contributions epplied. end the amount of cash IIdvances and payments made to contractors end subgnsntcts. For repons prepa~ on IIn l!lccrued expenditure basis. out. 18~ ere thc sum o! actual cash disbur$emenh. the amount of lndl~ expense incurred. the va'ue of In- kind contribution, epplled. end the ne' Increase (or dKreaM) in the amounts owed by the recipient for goods and other property received and for services per10tmee by employees. conlractors, aubgrar1tees, and ather payees. J""" E~l.." lOe [nt~r the amount 01 all progllm Income rullzeO In this period th.t is reqUlrrd toy Ihe lerms and con. diltons or the f edelll award to M opducted from total pN'\Ic-c1. cosh. ror reports pr,n",ed on I cuh bllSls. enlt'f the amount of cash incC'rne receoived during the repol"\ing JM'riod. For report' prepere<l on en accrual buis. enlt!r the emount. ot Income eo.rnr<! since the be~inning of the rt!portlnE ",.rlod. Whtn the terms or conditions ellow pro'fem Income to be' edded to the lotal """'IUd, ..plain In rem.r'M.5. the .ourc~. emounl end disposllion of Ihe Incoma. 101 Enter amount pertalnl"'. 10 the non.Federal shue of program ouUaY' 'neluded in the amount .~..n line e. 10h Enter total amount of unliq""ldatif'd obligallons for thIs project or progrem, indudin, unliQlJldl'1ed obligatio"s to subgr8nte81 and contractors. UnliQuidate-d obligl' tions are: Cash basls.---obllgetions Incurred but not .pllid: Accrued expenditure bni..--obligalions Incurre<i but 'or which. en outlay ha, not been ~corded. Do not include any emounls thet have boten Included on linn II thrr,ugh ,. On the final report. line h should heve e lero balance. 10) Enter the Fedll!r81 share of unliQuldate-d obliglltlons shOW"n on line h. The emount shown on this line should be the dinerence between lhe amoun\s on lines. h end I. 10k Enler the sum of the emounls shown on lines E Bnd J. If the report 's final the report should not contain any unllqu)date<S obligations. 10m Enter the unobllgateod balllnce of Federal funds. This emounl Ihould be tht! difference between lines kind 1. 11 b Enter rate In eftect during the reporting pulod. 11c Enter amount of the ban to which the rate was 21pplie-d. lld Enter total .mount of indirt'C'l cost eherged during the report period. lie E.nter amount of the Federal share charged during the report period. If more than one ralt was applied during thf: project period, lnclude a separate scheOule shOwing bu,es aeeinst which lhe Indirect cost retes were applied. the respective IndirKt ratn the month. oay. 21nd year tht indl~ rales were tn ettect. amounts of indirect u. pense cher(l:ed 10 the project. end the Federal share of indirect expense charged to the project to dale. A-110:6 .. , I '') _I Office of Management and Budget Circular A-110 (7/30/76) A-110:7 Approved by Office of ".hn.tf~ment IInd Bud,.t, No. SO-RD 182 FEDERAL CASH TRANSACTIONS REPORT 1. hdenl t.(l(W'I..onnt .r.ncy ."d olll"iulion,1 .le~."t \0 whic~ 'his "port is lubmin.d (Sce in..trucliornl on the ba<:k. If report i.. fO'/" mon than one p'ra?lt or a.uistance agreemc?lt, attach complr.ted Sta?ldard Form !71-A.) 2. RECIPIENT ORGANIZATION .(. hd.,..1 1",,"1 Oil a(~.... id.n'ifitlo 5. RKipil"1'1 Ke'OtH'l1 "..mMr ... lion numbef io.ntityi"l ""'"WI NtJ.m~ : 6... L.n.,. af c/IIdil ftumbet 7. lilt pey",."t ,-owch., "v'"~ Nwffth".,. Give t(lta/number for this period a,ftd Stnrd : 8. P.1'm~"t Vouch." c.r.dill'Cf I. 51. T'Nsury du:c~' rKlivt'd (wk-ttht'r J'O'I' .cxounl err "-OL dcpO'ltrd) City, S14t. 10. PERIOD COVERED BY THIS REPORT Gnd ZIP Cod.: 3. FEDERAL EMPLOYER ~ FROM ("'0,,11>.. cia.,. YI'Or) TO (,,",O"t". da.y )lear) IDENTIFICATION NO. a. Cash on hand beginning 01 reporting period $ b. Letter 01 credit withdrawals " STATUS c. Treasury check payments 11. OF FEDERAL d. Total receipts (Sum of lines b and c) CASH e. Total cash available (Sum 01 lines a.JI.nd d) f. Gross disbursements (See 8pecific g. Federal share 01 program income instruction.. on the back) h. Net disbursements (Line 1 minus line 0) i. Adjustments of prior periods j. Cash on hand end of period $ 12. THE A\10UNT SHOWN 13. OTHER INFORMATION ON LINE llJ. ABOVE, REPRESENTS CASH RE. a. Interest income QUJREMENTS FOR THE $ ENSUING DaV8 b. Advances to subgrantees or subcontractors $ . . 14. REMARKS (A ttach addluonal shects 01 plain papCT, il mO'/"e space is required) 15. CERTI FICA TlON SIGNATURE DATE REPORT SUBMITTED I certify to the best of my knowledge and belief that AUTHORIZED this report is true in all re- spects and that all disburse' CERTIFYING ments have been made for the purpose and conditions l OFFICIAL 01 the grant or agreement I THIS SPACE FOR AGENCY USE TYPED OR. PRINTED NAME AND TITLE IArea Cod.c) (N"",b.r) (L':z:h...i.o,,) TELEPHONE 272-101 EXHIBIT 2 STANDARD rORIoI 272 (7-76) Pr.~ribttd by OHlef! ~f ~..hn1'\i:~m.n\ llnd Bude-et I \1 -I Office of Management and Budget Circular A-110 (7/30/76) A-110:8 INSTRUCTIONS P1ea~. type or print legibly. Items 1, 2, 8, 9, 10, lld, lIe, llh, and 15 are self explanatory, specific Instructions for other items are as follows: 1'- E"try 3 Enter employer identification number llsslgned by the U.S. Internal Revenue Service or the FICE (institution) code. tf thIs ~port covers more then one grent or other agreement, lellve Items 4 and 5 blllnk Ilnd provide the informlltlon on Standard Form 272-A, Report 01 Fed. erel Cash Tranuctiol\.--continued; otherwis.e; 4 Enter Federal grllnt number, llgreement number, or other Identifying numbilrs ;1 requested by sponsoring Ilgilncy. 5 This splice r~rved for an llccount number or other Identifying number thllt may be assigned by the re- cipient. 6 Ent., the tetter of credit number thllt Ilpplles to thIs ~port. If all advllnces were mllde by Trellsury check, enter "N^" lor not llppli~ble and leave items 7 and 8 ~nk. 7 Enter the voucher number of the last letter.of.credit peyment voucher (Form TUS 5401) thllt was credited to your llccount. III Enter the total emount 01 Federal cash on hand at the beginning 01 the ~porting period including all of the Federal funds on deposit, Imprut funds. and und&- po$ited Treasury checks. llb Enter tot II I amount of Federal funds /"1IC1lived through p8yment voucheo (Form TUS 5401) tnat were credo Ited to your accOunt during the reporting period. llc E~ the total llmount of 1111 Feder&! funds received during the reportio<< period through Treasury checks, wOethM 0( not d~ted. Ilf EP!ter the iota I F~I cash disbursements, mjtM <louring tn. ~ period, k1<:ludtng cash received H ~m in~. Disbursements as used here also Include the amololM of lldvanc~ and payments ~ ,-.+ynds to subgrent_s or contnctors, the gross amount 0{ direct ulariK and WIl€M, including the Ent". Item emplopee's shllre of benefits 'I trellted as a direct cost, interdepartmentill ch8rg~ for supplies and services, llnd the amount to which the recipient is entitled lor Indirect costs. 112' Enter the Federlll shllre of progrllm income that was required to be used on the project or program by the terms of the irant or allree~.~nt. lli Enter the llmount of all lldjustments pertllinlng to prior periods llffecting the ending blllllnce that have not been included in any lines llbove. Identify each grant or agreement for which Ild)ustment was made, and enter an explanation for ellch adjustment under "Remarks." Use plllln sheets 01 pllper If additional splice is required. llj Enter the total Ilmount 01 Federal cllsh on hllnd lit the end of the reporting period. This amount should include all funds on deposit, imp~st funds, and undeposited funds (line e, less line h, plus or minus line I). 12 Enter the estimllted number of days until the cash on hllnd, shown on line II), will be expended. II more than three days cash reqirements are on hand, provide an explanation under "Remarks" liS to why the drawdown wes made premlltu~Iy, or other reasons for the excess cash. The requirement for the .explanation does not apply to pres~heduled or automatic adVllnces. 13a Enter the emount of Interest ellrned on adva nces of Federal lunds but not remitted to the Federal agency. If this Includes eny amount earned and not remitted to the Federal sponsorinlllgency for over 60 days. explain under "Remarks." Do not report lnt&rest earned on advances to States. 13b Enter amount of advllnce to secondary recipients in. cluded in item llh. .. '\ 14 In addition to providing explanations IlS required above, ,iw lldditiOOllI explllnetion Oeemed necesury by the reei~nt Ilnd for in-fonrnltion required by the Federlll sponsoring egency in complillnce with governing legis. Ilttion. Use plllin sheets of paper if additional SpllCil is r&quired. (l' I ) .1 Office of Management and Budget Circular A-110 (7/30/76) A-110:9 FEDERAL CASH TRANSACTIONS REPORT CONTINUATION (Thu. I~m u. mm.pl.t.d and alla.hrd to Sla....;"rd F~ t~t ...Iy wh.n rt.po-rLint1 m.o1't', rhan. on.t prant (tr 0.."'" U tn.n.u' Qpra~nt.) 'Approved by OHlef of Manallemrnt anc, Budget. No. BO_R0162 1. FEDERAL SPONSORING AGENCY ~ND ORGANIZA. TIONAL ELEMENT TO WHiCH THI6 REPORT is SUB. MillED 2.. RECIPIENT ORGANIZATION (Gi'" na.... only a... .holL'n in il.m t, SF 3. PERIOD COVEREL> BY THIS Rtf>oRT (A. .h...'n on SF' t7l) t7tl fROM t~oN"'. tla,.. 11_") TO (H_'''. 114" ,,~4"1 4. list information below tor each trent or other aBreemen1 covered by tnls report. Us.e addllionel forms if more space is reQuired. FEDE~AL C~MH OR OTHER IOENlIF I RECIPIENT ACCOUNT HU....B[R FEDERAL SHARE OF NET DISBURSEMENTS CA 'ION OR O1H[R IOENTlnlNG NUMBER Ner DISBURSEMENTS ( Gro., CUMULATIV[ f3Aow Cl ,vbdiviJiD" bJl other idcrnti- .I'~"'..""'." I.... 1"'"'_''' i_ Hn DISBURSEMENTS Irmg nllm.b,,.., if ~t:qu.ired by th. (('__ u,........" FOA R[PORTlNG f .rl..-al Sp.....onnp.A".ncv) PERIOD (0) Ib) lel (rl) $ $ , . . \ . . "'I 5. TOTALS (Should c""""..pon.d lL.ith "",,,unu .h.own on SF ~7t .... I follo'tL.,: cO~\Lm.n (~) fhe IIQ.TJ1..e Q...'f lint 1'": co/u.'m.n (d) the nL'm of lines 1 I), o"d J II. tlf (hl~.sF 1,7% eM cumulo.tivt dubun'emcnt.! ,hO'Wn. 0"" I $ Lo..1t rtpO'!"t. AHach lI:tpLon.ation of any dilf~reJ'\..Cu..) $ . 2n-..Ol STANDARD FORM 27<-/.. (7-76) P..lnJr..c! ~... Olll~.. "I Menoe.."'......' ~r! end....' Office of Management and BUdgr " '.cular A-110 (7/30/76) .1 it. Approved by Office 1'1 Men.remenl .nd Budset, ND. 8O-ROIB3 PAGE D' REOUEST FOR ADVANCE OR REIMBURSEMENT .. .'r.........u....... o ADYANCE 0 ~~~TBU"S[. b. .. ""'" ...~... ... ~AGU Z. BASIS Of REQUEST o CASH I. TYPE 0' PAVMENT REQUESTED o ~ARnAl 0 ACCRUAL ;.. "ARTIAL "'H:YMENT R[OU~ HUMBER FOR THIS REQUEST (See '....fntdicnu 0,," b~k) J. fEDERAL SPONS RIN AGENCY AND ORCANllATlONAL ELEWENT 0 WHICH THIS RU"ORT IS ~B"'"EO o "NAl 4. (O[RAl GRAHT OR OTHER IDENTIFYING HUW8E.R ASSIGNED e'( rEOl RAL AGlNt:'i L U'PlOYER IDEHTI'ICAnOH NUMSUI: . REClPI[NT'S ACC UNf NUM.ER a. PERIOD COVERED BY THIS RE UEST OR IDE.HlIrYING HUMBER '1lI0W t_u.. "-.. ....1") TO (_tA... M.. .-...) I. RECIPlEHT OlllGANIUll0N 10. rAY[[ C "......... .. N H _I w .'''''_1 u..- u- I) H._ N..... H_'" ..wi Ilu.c H_'" ..J",,... c......lr...... ...J ur CooN : e...... Su" '..J J/I'-~ed. : 11. COMf'lITATlON OF AMOUNT OF REI MBURSEIol EIfTS / All'I AHCES REQUEST1:D ..- 1(01) (&) (e) . , PROGf"MS/FUNCTIONS/ACTIV/TIES ~ TOTAL .. Tot.1 protfrom (A. .,....t.) outleys to de.. $ $ $ $ b. lAN: CumuleUve DtOIram income c. ~~ r;v"m outleY' (Lnu G ...;..... d. EAtmaled n.t c...h ovtIoY' to. .dy.nc. period .. r_' (Sw," ./ lWou. d: d) f. Hon.F ederal .MAl of amount on NM . I. F ederaf ,ha.... of amount on line. h. , lderal p.yment. pr.....iou.1y requested .. I. ~Ih~'~ now roqunted (L,;,.. p j. Adwnee< required by ht month mont h. _n ,"""Hied by '_rol ~ntDr .S....". tor uw in makln. ~ 2nd mDnth Khedwled advancet. 3rd month 1:L ALTERrtATE COWf'llTAT1OH FOIl AOVAHCES ONLY .. EWmeled Fed.ro' cash CMJlI.Y'lh.t will be mad. duri"i period COY...:I by the .<lvane. $ ~. Lu.: Estimated bel.nee of Federal eash on hand .. of beIlinning of advance period c. Amount r~uMted (Lirw a. ......JMU li1W b) 11. s CERTIFlCIHION SIC"'ATURE Of' AUTHORIZED CERTIfYING op"nCIAL OA T( REOUf:ST SUBMITTED I urti1y thot '" th. be>! of my Ilnowtodl" .~ belief the dela above Ira correct Ind tn.t III outlaY' were made in accordanet' with the Inlnt conditions or othet' .,rM. ",em and thlt p.yment il due and has I\at -.. p_.1y roquNtod. TY"D OR. ",aNTED NAME AND nTU. .._ e.4o It_h_ 6.w..,w. TD.[,.,..OH[ l'hl. op.Ke to. ....-r _ ''''-101 EXHIBIT J IT A14DA.aO I'OflM T10 n -761 ~Kf1~d by CH'ft~ of M."....~"' and Ih,a.-t CIRCuLAR NO. A.ll0 Federal Grants IvIrmsQement Handbook September 1978 A-110:10 '\ . Appendix I I ) _I Office of Management and Budget Circular A-110 (7/30/76) A-110:11 INSTRUCTIONS Please type or print legibly_ Items 1,3,5,9.10, lie, 11e, 11f, l1g, l1i, 12 and 13 are self-explanatory; specific instructions tor other items are as follows: Itrm E"e", 2 Indicate whether request is prepared on cuh or ae. cruf'od expenditure buis.. A.1l reques1l for IId....nces $hllll be preplI'eod on II c.~h basis.. Enter the federal E,ent number, or other identitying number ,u.si8ned by the 'Federel lpon"orinE egent)'. II the advance or reimbun.ement is. for more then on. Il'rant or other IIl'fHment, Insert Nt"'; then, ,how tht: .gB'e~.te .mounts.. On ill M'par.t' .heel list .ach g,ent or .greement number end the federal share 01 outlays made againlt the ,rant or .greement. 6 Enter th. empktyer Identification number IIni~n~ by the U.S. Internel Rpvenue S4rvice. or the FICE (lnstitu. hon) code if requested by the Federal arenC)'. This spltca is rnerved tor an account number or other k1entityin[ number that may be assigned by the re<ipienl. 8 Enter the month, day, and year for 'he beginning end ending of the pe-riod covered in this request. If 'he ,... Quest is tor en advence or lor both an advance and re- imbursement, show tn. period that the advance will cover. If the uQuest Is tor reimbunement, ,how the p.riod tor which 'he ,eimbunement Is reQuested. Noh:: The Federal sponsori"e 8gencie. haw the option of requirinr ~ipiPnls to compte\e items 11 or 12. but not botn. Ilem 12 Ihouad be uaed wheft only e minimum amount of intorrnetion is n~ed to mak.. an advance and outlay information contained In Item 11 can be obtained tn I timely manner trom other reportl. 11 The purpose of ,he vH1.ieaa columns (e). (b), and (c), is to ~rov1de ItIoOce tor seperate cost breakdowns w11en a rro;ect has been plllnn.a and bvd@'eted by prOlrllm, funclion, or activity. It additional columns are neede<!, Itrm Enh-v un 8S many additional torms as nt'e<led and indicate ~.8e numtMr in space pl"OYided in upper rig'ht: ~- eYer, 'he summary 'otals 01 all prolrams, functions. or activities should be shown in the "total" column on the first pale. 118 Enter in "u 01 dllle". the month. day. end year 01 the- ending 01 the accounting period to whic-t\ thil amount epplin. Enter program outlays to datf' t,.et 01 relunds. rebalK, and discounh). in the eppropnate columns. For requf:'Sh f'repared on I cash buil, OUtlllYS Brt the .um 01 actual ush disoof'1,.4!me-nls 10f' Roods and WON. ic~. the amount 01 indirect eJ'pensel charaf!'d. the value of in.kind conlributiCM:'.' appHe-d, IInd 'h~ amount of cash advances and payments made to subeO"t",C' 'on end lubrecipit-nts. For n:quesls prepared on en accrued eJtpen~:hlure basis., oo1l8YS are ,ht s.um of the actual cash dllbun.ements. 'hI': amounl of Indirect ex. p<enses inc.urred. and the net Increase (Of' de<rease) In the amounts oW'll'ed by th. reciJMent 10f goods. and othe1" pro~rty received and tor lervic" ~rtorme<S by em. ployees., conltJIcts. lubgrantll'es end other payees. 11 b Ent.r the cumul.tiv~ cash income received to dett. tf reouects are JWe-pared on a ush bellS. For reque-rtl prepared on an ecc.ru.o f:x.pendttun bes.is. entttr the cumuletive income oemed '0 date. Undeor .tth.r basis, enter only the amoun, epplic.eble '0 prognm income that ...." required to be u..ed '0( the project 0( pro- gram by the terTTlt. of the gtllnt or other agreement. lId Only when milking reQuesh for edvence paym..nts. enter 'h. total estimated amount 01 cash outlays that will be mad. during the period cO'w'ered by the advanc.. 13 Comptete the certiflcation tMfort submitting 'his request. .. ... I J " Office of Management and Budget Circular A-110 (7/30/76) Appt'Ovrd by Office of Menelement ~nd "AGE 0' OUTLA Y REPORT AND REQUEST FOR REIM BURSE. Budget. No. So-ROISI rAOU MENT FOR CONSTRUCTION PROGRAMS 1. l"'YP( 0' IUQUUT I L "ASIS or REQUESl (S" in.II"'''vdltmJ 0" back) 0 'IHA1- 0 """'IAl o CA~H 0 ACCIltUAl 1. HDERAl ,PONSOAINQ ACC"'CY AND OFtDANllATIONAL ElU,lf.HT TO 4. r[O[RAl GR....NT Oil: OTHER l. ""'11IAl !","VWtNT REQUEST "0. WHICH 1HI3I R[PORT IS sue),,,ntD IO(NTIr'VIHO HU"48E" ASSIGNED IY H,O[flAl ACENCT ... ~~~~O(YR[R IOEf'(TlnCAlIOH IT. l[e,.,(NT ACCOUNT 01 OTN," "-.,OD C'O'fD1]) " ntrs IIP'011' IO{NT1NINQ I'IlUM8Ul '''0'' CN-u.. ~... ,.-.) 10 IAl~ ..... .-.) 10 R[CIPIENT O,.QAHIl.ATlOH lD.. rAYU . ".~ ..wd,.............. -' U IUw-.j u.- U_ fJ Ii._ , Ii_ : IV.. ..4 Ho.~ ....... : ...... : CU.. CU.. St.eu .9041 .51~..c ...,I rIP C..d.: ZIP COll1_: 11. STATUS or ruNOS PROG RAMS--rU N CT ION s.---,ACTlVI TI es CLASSIFICATION (co) (b) (e) TOTAl.. .. AdminlstratNe flxpenu $ $ $ '. $ b. Prellmlnllry expenSol t, Lend. Itructures. right-of.way d. An:hiteoctural engineering besle teet I .. Other erchlle<:tural engin"nng tHI I. Project In.~lon fen i. und development h. ReloceUon expense I I. Relocation peyments to Individuals end businesses ). Oemoli'tlon end removal . k. Construction end projecllmprvvement I cost I. E.auip~nt - m. Miscellaneous cost n. Total cumulative to dele (sum o,"lines I I e thru m) o. Deductions for program income p. Net cumulative 10 dl!lte (Line n minus line 0) . Q. Federal snl!lr. to date I r. Rehabilitation grants (100% reim. bursement) .. Totel F ederel share (sum of lines Q I Ilnd r) t. Federal payments prfviously re.' I I Quesled U. Amount ~Quested tor reimbursement 1$ $ S Is v. Pt"rcent&gt! of physical complnion of I project % % % % 12. CERTIFICATION 'IC.......TUR[ 0' A\l'THORIl(D CERTlnlNC DATC REPORT or'ICIAI. SUBMIT'TlO I certify that to the best of my knowledRt! end belief the bUIO<J costs or disburn. e. ReCIPieNT np[D OR. PAINTeD N"M( AND TITlt TEL[rHOH( IA___ c.od.a. ments Ire in &ccordal'Jce with the terms ........ ~ .,-.-1 of the project and that the ~imbursement represents the Federal shUll oue which OAT'[ SICN[O SIQ,..ArU'l[ 0' AUTHOAll(O C[RlIrYIHC he. not been previously reQuested' .nd Off ICIA.L that 8n insPK:tion hos be.n perlormed b. ReClres~ntative end 811 work i. In accordance with th. c~rtitying to lint llv. TYPED OR PRINT[.D NAM[ AND TllL[ Ttl(PHON( IAr_ f'".,u erms of the 8Wii!1rd. ....-.6rr -..r .~l - 271 101 5TAHO"'-AO '0111o?i 771 0_16) ,........~n..<:" l'~ <.!'\'.o::. ~. .........re.........., .r'I(! fl,u~ EXHIBIT 4 A-110:12 . ... -.-., \ I " _I Office of Management and Budget Circular A-110 (7/30/76) INSTRUCTIONS PI~,," type or priotleglbly. l\ems 3. <I, 5. 8, 9, 10, 1 h. and llv aI'V self.....pIM"'tory; specific instructions tor oth.r It~ms .... as to/IOWI: h... ........ ~.r1( "'e ~~"'fIIt. hol(. H ,t\e reQu~ .. "'"..t. the &~ ~... ......w ...".,........ .... .....1 ~ of the ~ 2 Bkitrw wt'\.th.. awteUf1'ts .,. ~ 8ft ... aceruad ~ndrw,.. ... ..... th..~HI't ~. , ,...., ""e ."",~, ~n4f~ ..umber ....".cf by the U.S. l"hrn.1'1'4 R...".".. ~.I'" nel (Nlflttvtion) ood. W ..qu_ .,. .... food..., _..cyJ. This tflW'" .. ~ fof an ~nt numb. 84" ethK I6enlttyln( nu"'- "* .-y M ......... by the .-I!>I.nl. II Th. pwpoM to! _I _...... ..~ IhrtKJlfh Ie) 10 to "...vi'" .,.cw "'"" -...p8n'. --. ~~ wn... . "rp. p~ h... ......, ,.ae"",.t .wI ~ec1 by pro- I"''''. ~" fir M1tYttr. " ...,.~ ~mnc ." ~ed. UM _s ""eny .ddttlo.u,' tonne .. ....-ded an04 '-"db'. ....... ......n....r loft, ..... ~ in ..,.... ~ ~'. ...... .......mery ..,... .r .N "rotJrwrTK., tv...- "''''. N .,C'iiVitiM ahould t., ........". in the -'"tota'" eoIum'l en the in( ,.... All .~ .,.. ,."...-t- ... . .vmu~ beeM.. 11.1 1"_ .~"'" _ndocl !.r....h _I ac tnrwl. legal _. ....u.1. of _1_ .nd .... _ .clmlnlm.l~ .....6K. kwkrGe tn_ ameunt of lnt'9A11ll ~ 'fW'h." .~ by pt"08'r'B"" t.....UOft. AJ.ae .~ \he amount elf ~ ...,.n..... a ..-pe"" ."..-t. II. _ _ -,ninE" "'" ~ of Iec.Uroc .nd .~nc. lnelcing Wf'V'RY'S ........ maps.. silllktnC ~ hol... .nd .. _ WQ1< ......1'" prior lD _, e:.o......::I__..... He ......... .R .......nts dlrec:tly __ wllh u.. __. _ of Iond. ....~I Arvcow_ .M .....t.ed t\8t1t-ol. _. I kI _ _ _ .... _ to! ...hIt-...1 .....--- 1). ~ ~ aft'hlt-.c:tura' ~Pn-ring ~. Do not Include any _""",,,AO ........ ... line d.. III l_~~___of__,_ ---. 11E 1_ -'1-.0_ __....h.... __ of -..d wIo.... ....e ".-.y ~~ of the ~n! is lend ~_. The .__ _;m~ '" Ie"" ~ ...- ~ _ocl ....h -;or _"""_ ~ 1M ~.... """"" ..... _teeocy -.nd _",and on "-k. llh lnM<____"'~- ~........... .ftd ft.t CO"Jb of ~nt t'Ioeu... In[ ('-I -l. Do "'" in<1vd. -.._ _od 10< ~io" .omin;M.nniw ...,...-c.: theM .mow.... ~ be H.d..0.4 ... ~ _own Oft hIM &. II i tlMr Mo. .MOun! of _1?0o ...,."...ts ......... .,. .... ~'D\.eont '0 ~a.plaiNd ,..,-..,ol"l~. f.tTTK. bus.in.ess con. eems.. and ROf\pt'WM 0I'J'8nizftion&. '0- 6~ 111 lrwter If'I'O'J'I ......nn .fIIod ~ m .mploy.... of the ..clP'-l ...d "'~I to ''''rod petty conlnKton clio IfI8(:Uy ~ in p.rtonninC d~1On or 14I'ft\OYe1 of stl\JCtL.trWt. '11)f'r\ ~ "-1'IC1. M proc....d. tram the ..... of ~ or 11M ~I of strvc1.u,e' ahouki be credfted to ,hie ac.count; the-~ "",ectinl ".t emounob j( ~~ br the r.cteral aQef'l4)'. Ilk E....' thoM _,""",M.s euocw.ted wtth the ac1ual con. IIWvctioft 0(. additkM\ MI. or res1orehon of II facility. Afto. Indudc in this c:atepory. 'he am04Jnh tor "roied. tm~ IlUCh .s ......,.,..,. 11~'. I.Nieeapt"&. -1Ictotl.... 1)1 [nt_ emotlntJ tef .M equt.."nef't. both fheod .nd may. abk., ..c",,~ ., 8Q'III1J'fIflfl'n1 u"'C'd klr conatruction. rOf eL"mpM. penne...ntty .tt~hed iebonlltCHy tabl.... buHt. "' aoud'o ~ wyd~ ""ovab&. desks. ctwli". and ~ "",,;p..-. 11'" fItMor ttM ~nb IOf aM "'-ma no( ape<.lr.caUy m.n. --_. 11" [rrt..,. ttM tlotal. cumw'eUve. .l'1'tOOnt '0 date which -.ould a.. ..... ......... of .nes . .. rouwh m. 11e btter ttw ~ .-noon( of protfrlllm .",come applied '0 ttM ..rant or c:ontraot ~ent ucept Income in. ..-4 ... an. J. tdentHy Of' . MPftnsh Ih..... 01 pape-f the aouro. and type& .,( ~ 11'tIIBIOm... 11~ ~., ttw fMIIt cumu~ .mount to date which should be the atnI:MHIC. ~ on NM n minus the .mounl ... tine o. U..IC I:M... I'M Fedenof she... of'" .~nt IOOllfn on fin. p. l1r Entec' thoe: ~ 0( ...n.b1lltanon .rant p.eymenh ...0. II) If"Id+v'Wuek ........" pf'Ol',..m '-I'i.tation provtd" 100 ~ ~ .,. lhe food.",1 ...nC)'. 11' Ent... 1M _ _ to! r_",1 porn-ts pr-.vioUIIy ___"_"""'K_h:>r~ir..m. ......--nt.. 110. ~ _ _-< now bell\( ..q--- .... -.burN' ..wnt. .".. ~ ~Id k tt'wI .i"~enC4' bortwe_n the ........... --...., ~ Ii-ne& . . nd t. If dill t'f. nt, u. ~_.---- 1'" To M .-nple400d by tho _ oltlclel who is re- ~ ..... ttM opetwho" oi .... P"'8'ntm. Th. d.t." a.hovI<I be- 1M KtuaJ o.u lhoe totm I. submitted \0 U,. r.....I._. 12b To be OCIomipI..ted by..... O'ft'lci,..l ~p~,.n'atl..... 'tW'ho .. CM1.H'yinc: '-0 ..... ~n( of prorf-c1 complelion as ~-.d to( in Vw W1"nta of the .,."t or .r,-....m.nt. A-110:13 '\ '. " I Office of Management and Budget Circular A-110 (7/30/76) ATTACHMENT H.-CIRCULAR No. A-I 10 MONITORINC AND REPORTING rf:.OGRAM rERFORMANCE 1. This attachment sets forth the proce- dures for monitoring and reporting program performance of recipients. 2. Recipients 'shall monitor the performa:\ce under grants and other agreements and. where appropriate, ensure that time sched- ules are being met. projected work units by time periods are being accomplished. and other performance goals are bel ng achieved. This review shall bc made for each program, function. or actlvlt.y of each agreement as set forth In the. approved application or award document. 3. Recipients shall submit a performance report (technical report) for each agreement that briefly presents the following InformR- tlon for each program, function, or f\ctlvlt). Involved as prescribed by the Federal spon- soring agency: a. A romparlson of actual accomplishments with the goals established fo.r the period, the findings of the Investigator, or both. 11 the output of programs or projects can be readlly quantified, such quantitative data should be related to cost data for computation of unit costs. b. Reasons why establlshed goals were not met. c. Other pertinent Informatloh Including. when appropriate, anall'sls and explanation of cost overruns or high unit costs. . 4. Except as prOVided In a and b below, and In subparagraph 3a(I), Attachment G, recipients shall submit the performance or technical reports to Federa.l sponsoring ..gen- cles and the Financial Status Reports cov- ering the same period In the frequency estab- lished by Attachment G of this Circular and. where approprlnte, .. final technical or per- formance report alter completion or the project on a date specified by the Federal sponsoring agency. The Federal sponsoring agency shall prescribe the frequency with which the performance reports wlll be sub- mitted "1th the rcquest for advance or reim- bursement when that form Is used In lieu of the Financial Sh tus Report. Except as pro- vided for In paragraph 5 below, performance reports shall not be required more frequently than quarterl)' or less frequently than an- nually. Federal sponsoring agencies may waive the requirement for recipients to sub- mit performance reports with the financial reports under the follOWing circumstances: a. When the recipient Is required t.o sub- mit a performance report with a continua- tion or renewal application. b. When the Federal sponsoring agency de- termines that .on-slte technical Inspections and certlfied completion dp.tn will be suffi- cient to evaluate construction projects. c. When the Federal sponsoring agency re- quests annual financial reports on a fiscal year basis but It Is necessary to get annual prcgress reports on a calendar year basis. 5. Between the required performan~e re- porting dates, 'events may occur that have significant Impact upon the project or pro- gram. In such Instances, the recipient shall Inform the Federal sponsoring agency as soon as the following types of conditions become known: a. Problems, del ill'S. or adverse conditions that will materially aflect the ability to at- tllln program objectives, prevent the meet- Ing of time schedules and goals. or preclude the attainment of project work units by es- tablished time periods. This disclosure shall be accompanied b)' a stl\tement of the nctlon taken. or contemplated, and any Federal as- sistance Deeded to resolve the sltuntlon. b. Favorable developments or events thnt enable time schedules to be met sooner than anticipated or more work units to be pro- duced than orlglnRlIy projected. 6. If any performance review conducted bY the recipient discloses the need for change I'; the budget estimates In accordance with the criteria established In Attachment J to this Circular. the recipient shall submit a re- quest for budget revision. 7. The Federal sponsoring agency shall make site ,'Islts RS frequently as practicable t.o: a. Review program accomplishments and management control systems, and b. Provide such technical assistance as mRY be required. 8. Federal sponsoring I\gencles shall submit proposed technical and performance reports to the Olflce of Management and Bullget for approval In accordance wi th the report clear- ance requlrements of OMB Circular No. A--40 as re\'Lsed. ATTACHMENT r.--CmCUl-AIl No. A-1I0 rA \. M!:NT REQUIReMeNTS I. This a ttll.Chmen t esta.bJlshes the re- quired methods of making pl\yments to recip- Ients. These methods wlll minimize the time elapsing between ihe disbursement bl' these recipients and the transfer of funds from the United States Trellsury to these reCipients whether such disbursement occurs prlort.o or subsequent to the transfer of funds. 2. Pal'ments can be made to reCipients through a letter-of-credit, an advance by Treasury check. or a reimbursement b)' Treas- sury check. The followinG definitions apply for the purpose of this attachmen t: a. Lctter-o/-Cred.it,-A letttr-of-credlt Is an Instrument certified by an authorized offi- ci al of a Federal sponsorl ng agency that au- thorzes a recipient t.o draw funds when needed from the Treasury, through So Fed- eral Reserve bank and the recipient's com- mercIal bank, In accordance ",'Ith the prOVI- sions of Treasury Circular No. 1075, as re- vised. b. Advance by Trco.sury check.-An ad- vance bv Treasury check Is a payment made by a TrclI.5ury check to a recipient upon It.:: request before outlays are made by the recipient, or through the use of predeter- mined payment schedules. c. Rcimbursemenl by Treasury check.-A reimbursement by Treasury check Is a Treas- ury check paid to a recipIent upon request for reimbursement from the recipient. 3. Except for construction grants and other construction agreements for which op- tional payment .methods are authorized. as described In paragraph 5, the letter-of -credl t method shall be used by Federal sponsoring agencies If all of the followinG conditions exist: a. If there Is or will be a contlnulng rela- tionship between a recipient and a Federal spc.nsorlng agency for at least a 12-month period and the total amount of advance pay- ments expected to be recel"ed ""Ithln that pe- riod from the Federal sponsoring agency IS $250,000 or more. as prescribed by Treasury Circular No. 1075. For Joint funded projects the Treasury has authorl2ed a dollar criteria 0:$120.000. . b. if the recipient has established or dem- onstrated to the Federal sponsoring agency the wllllngness and ability t.o maintain pro- cedures that ",111 minimize the tIme elaps- Ing between the transfer of funds and their dIsbursement by the recipient. c. If the recipient's financial management system meets the standards for fund control and accountability prescribed In Attachment F to this Circular. "Standards for FInancial Management S)'stems." ~. The method of advancing funds by TreMur\' check shall be used, In accordnnce with the provisions of Treasury Circular No. J A-110:14 1075, when the recipient meets all of the re- quirements specified In paragraph 3, above. except tho~e In subparagraph 31'. 5. The reimbursement by Treasury check method shall be the preferred method If the recipient does not meet the requirements specified In subparagraphs 3b and 3c. above. At the option of the Federal sponsoring agency, this method ml\Y also be used on any construction agree men t, or If the major por- tion of the prog. Ilm Is accompllshed through private market financing or Federal loans, and the Federal assistance constltutes a mInor portion of the program. When the re- Imbursement method Is used. the FederuJ sponsoring a!;cncy shall make payment within thirty days after receipt of the billing, unles, the billing Is Improper. G. When the letter-of-credit procedure I. used. the reCipient shall be Issued onc con- solidated letter-of -credl t whenever possible to cover antlclpRted cash needs for all grants and other agreements aW!\Tded by the SpOll- sorlng agency. Likewise, t.o the extent po~sl- ble. when the advance by Treasury check method Is used, advllnces. shoulll be Clln- solltlated (pooled) for all grants and other agreements made by the sponsoring agency to that recipient. . , 7. Unless otherwise required by 11\",', Fed- ernl sponsoring agencies shall not withhold paym~nts for proper charges made by recipI- ents at an)' time during the project or pro- gram period unless (a) a recipient has failed to comply with the program objectives, award conditions, or Federnl reporilng require- ments; or (b) the recipient Is Indebted t.o the United States, and collection of the In- debtedness wlll not Impair accomplishment of the objectives of a project or program sponsored by the United States. Under such conditions, the sponsoring agency may, upon reasonable notice. Inform the recipient that payments will not be msde lor obligations Incurred after a speCified dale until the conditions are corrected or the In- debtedness t.o the Federal Government Is IIquldnted. ATTACHMENT J.--CmCUl-AIl No. A-1I0 REVISION or rINANCIAL PLANS 1. This attachment sets forth criteria and procedures to be followed b)' Federal spon- soring agencies In requiring recipients to re- port 'devlatlons from financial plans and t.o request approvals for financial plan re- \'Islons. 2. The financial plan Is the financial ex- pression of the project or program as ap- proved during the application and/or ~ward process. It may Include either 4he Federa'! and_ non-Federal share. or only the Federal share. depending upon sponsoring agency requlre.- ments. It should be related to performance for program evaluation purposes whenever appropriate and required by the Federal sponsoring agency. 3. For nonconstructlon awards, recipients ~hall Immediately request appro\'als from Federal sponsoring agencies when there Is reason t.o believe that within the next seven dl\Ys s revision wlli be necessary for the following reasons: a. Changes In the scope or the objecth'e of the project or program. b. The need for additional Federal fund- Ing. c. The transfer of amounts budgeted fcr Indirect costs to absorb Increases Indirect costs or ,'Ice versa, U approval Is required by the Federal sponsoring agency. d. The expenditures as require appro\'nl In accordance ,,'Ith F"MC 73~. "Cost Principles for Educational 1nstltutlons." For all other awards, appro\'al requirements for other Items of expenditures may be Imoosed If they nre consistent ,,'Ith those In F"MC 73~. No other requirements for specific Items may be , . I Office of Management and Budget Circular A-110 (7/30/76) Imposed unless Il devllltlon ha.s been IIp- proved by the Office of Mllnagement and Budget. e. Recipients pllln to trllns1er funds Illlotted for training allowances (d1rect payments \.0 trainees) to other categories of expense. 4.. None of the substantive programmatic work under a grant or other Ilgreement may be subcontracted or translerred wIthout prior approval of tbe Federal sponsoring agency. This provision does not Ilpply to the purchase 01 Bupplles. IDJl.terlal, equipment. or general support services. 5. The Federal sponsor1ng Il{:ency may Illso, at Its option. restrict translers 01 funds o.mong direct cost cn.tegorles for aWIU'd6 In which the Federal sh.n.re exceeds .100.000 when the cumulatIve amount 01 Bucb trl\l16- fers exceeds or Is expected to exceed II ve percont 01 Ule total budget as Illst approved b)' the sponsoring Ilgency. The same criteria sha\1 a.pply to the cutnula.tlve 1UD0unt of transfers among prog/"lWlll, functIons, .\Od aotlvltles when budgeted scparately lor an I\ward, ex.cept that the Federal sponsorIng agency &ho.Jl permit no transler that would clluse Ilny Federal approprln.tlon. or part thereof, to be used for purpooC6 otber than thooe Intended. 6. All other changes to nonconstructlon budgets. except for tbe cbanges described In pllragraph 8, below, do not require ap- proval. This Includes the use of recIpient funds In furtherance of program objectives over and above the recipient m1n1mum share Included In the approved budget. 7. For construction ll.wards. recipients shall request prior ll.pproVRls promptly from Federal sponsorlng agencies for budget re- visions wherever: a. The revision results from changes In the scope or the objective of tbe project or program, &Ild b. The revision Increases the budget amounts of Federal funds needed to com- plete the project. 8. When a Federal sponsoring agen::y makes an award that provides support.tor both construction and nonconstrllctlon work. the Federal sponsorIng agency may require the reCipient to request prior approval from the Federal sponsoring agency belore m:>kln!; any fund or budget trAnslers between tlle two types 01 ....ork supported. 9. For both construction and nonconstruc- tion awards, Federal sponsorIng agencies shaJl require recipients to notlly tbe Fed- eriLl sponsoring agcncy promptly ",'henever the amount of FeOenUI\utbor\zed funds IS expected to exceed the needs of the recipient by more thlln $5.000 or five percent 01 the Federal Ilward, whichever Is greater. This n.otlllcll.tlon wUl not be requ1red II appllca- tlons lor additIonal fundJng are submltte:1 for contlnulng grants or contr8.Cts. 10. When requesUng approval for budget revisions. recipients shall use the budget lonns tha.t were used In the appllcatlon unless a letter request ...111 surnee. II. WI th In 30 calendar days Irom the date of receipt of the request lor budget revi- sions, Federal sponsoring "gencles shall re- vie".. the request and notify tbe recipient wh<>ther the budget revisions have been ap- prove<j. If the revI:<lon Is still under con- sideration at the end 01 30 CAlendar days the FC<1erl\1 sponsor1n(; "Cency shall lnfor~ the recipient In wrltinr 01 the da.te when the rec:\plent ml\Y expect the decl~lon. ATT"CHMENT K.--CIRcuua No. A-lID CLOSEOUT rnOCEDURES 1. This atta.chment, prescr1bes untlorm closeou t proced ures lor Federal (;rnn to and other agreements with recipients 2. The lollowlng definitions shail apply lor the purpO&C of thL~ attachment: a. Cu..eouf.-The CI06COUt of a gTant agTeement III the proceas by which a Federal spolUlOrlng ageney detennlnes that all ap- plicable admlnlst.ratlve 8.CUODS ..nd all re- qul.rcd work 01 tbe &{:Teement have been completed by the recIpient and the Pederal sponsoring agency. b. Date 01 complehon.-Tbe da~ 01 com- pletion Is the date on ,,'hlcb all work under gT1UIl.6 "nd otber &{:Teemen 1.6 Is completed or the da~ on 'the awurd document. or any 'supplement or amendment tbereto. on which f'edenU sponsorshIp ends. c. Duallowed co.I3.-DLsallowed cool.6 arc those chnrges \.0 a gTant or other II{:reement that the Pederal spoD...or!ng agency or Its reprcscntlLtlve determines to be unnllow- able. In "ccordance with the applicable Fed- e/"lll cost principles or other conditions con- tained In tho &{:Teements. 3. All Fe<!erlll sponsoring lI{:enclC!l shall es- tabllsb clooeout procedures tbat Include the following requ1rements: a. Upon request. the )'ederal spon.sorlng Il[:ency shall make prompt payment.~ to I' recipient for allownble relmbursnble co.~ts under the gTo.nt or othcr agTeement being closed out. b. The recIpient sbl\ll lmmedh.tely relund nny balance of unobllgl\ted (unencumbered) c9Sb that tbe Federnl sponsoring ngency has o.dvanced or paid and tbat Is not autborlzed to be relalned by the recipient for use In other gTants or other agreements. . c. The Federal sponsorlnt;; agency shall ob- tain from the recipient within 90 calendllr days after the date of completIon of tbe agreement all financIAl. performance. and otber reports requ1re<!as the condition 01 the agreement. The Ilgency may grant extensions wben requested by the recipient. d. When authorized by the grant or otber agTeement. tbe Federal sponsorlnl; agency shall make a settlement for any upward or downward adjustments to the Federal share of costs after these reports are received. e. The recipient shall aecount for Ilny prop- erty acquired wltb" Federal funds. or re- ceived from the Government In accordance wIth tbe provisions 01 Attachment N to this Circular. Property Management Standards. 1. In the event a final audit ha.s not been pcr10rmed prior to tbe closeout ol the gTant or other agreement, tbe Federal sponsoring "1>geney sbllll retain the rlgbt to recover an appropr1ate amount after fully considering the recommendntlons on disallowed coots re- sulting from the finlllaudlt. 4.. Suspension and termination procedurcs are contained In Attacbment L to tbls Cir- cular. ATT"CHMI:NT L.-CIJlC'l1U1\ No. A-IIO SUSPENSION AND TERMLNATION PBOC'EDU'JlE.5 1. This Ilttacbment prescr1bes unl!orm suspension and termln"tlon procedures lor Federal !;Tants and otber agreements wi tb re::lplents. 2. The lollowln(; definitions shall apply fer the purpcse 01 this attachment: a. Tcrmination.-The termination of a grant or otber agreement means the can- cellation of Federal SpOD.~rshlp. in whole or In pRrt. under nn agTeement at any time prior to the date of completion. b. SlL3pen.si.on.-The suspensIon of a gTant or other agreement Is 1UI action by a Federal spon.sorlng lI{:ency tbat temporarUy sus- pends F'cdernl spons~rshlp under the !;Tant or otber a!;Tee!",ent. pending corrective nc- tlon by the reelplent or pending a decision to terminate tbe gTant or otber agTeement by tbe Federal sponsoring agency. ;3. All FederRI sponsoring a(;encles shall provide proce<jures to bc followed when a recipient bas faUed to comply with the terms _I A-110:15 of the grant or other agTeement and condi- tions or standards, When that occurs. the Federal sponsorln!; agency ml\Y. on rra.son- able notice to the recipient. suspen,d the grant or other agTeement. and withhold lur- ther payments. prohibit the recipient from IncurrUlg additional obligations of lunds, pendln(; correctIve action by the recipient. or a decision to termination In ..ccord&llce with paragraph 4.. The Federal sponsorln(; agency shall allow all necessary and .proper costs that U,e recipient could not reasonablY avoId during the period of suspension provld~d thl\t they meet the provisions of the applicable Federal cost principles. 4.. Federal sponsorl ng agencies shall pro- vide for the systematic settlement 01 ter- mInated grants or other Ilgreements Includ- Ing the following: a. TCTminati.on lOT cau~e.-The Federal sponsoring agency rriay reserve the right to terminate flny grant or other agTeement In wbole or In part at any time before the date of completion. whenever It Is determined thl\t the recipIent has lalled to compl)' with the condItions of the agreement. TIle Federl\1 sponsoring agency shall promptly not\1)" the recipient In ",..Itlng of the determination and the reasons for the termination, to(;ether ....,th the elTectlve date. Pavments made' to reclplcnts or reeoverles by the Federal spon- sorng agencies under grl\nts or other agree- ments termlnnted lor cause "hall be In ac- cordance wIth the legal rlt;;hts and liabilities of the parties. b. Termination lOT conlJenien<:e.-The Fed- eral sponsoring agency or recipient ma\' ter- minate grants and other agreements In -;"'hole or In part when both parties agree that the continuation ol the project would not pro- duce benellclal results commensurate with the further expendIture of funds. The two parties shall agree upon the termination con- ditions, Including the elTectlve dl\te and. in the case of partial terminations. the portIon to be termInated. The recipient shall 1I0t Incur ne"" obligations for the terminated por- tion alter the ellectl\'e date. and shall can- cel as many outstanding obligations as POE- sible. The Federal sponsorIng agency shall allow full credit to the recIpient lor the Federal share of the noncancellable obliga- tions. properly Incurred by the recipient prior to termlnatlon. ATUCHM.ENT M.-CracUl.oAI\ No. A-I!O STANDARD FORM FOR A.PPL TING FOR FEDERAL ASSISTANCE 1. This attachment 4Jromulg..tes a stand- ard lorm (SF 4.24) to be use<! by publlc and 'prlvate Institutions of higher education, public and prIvate hospItals and other quasl- public and private nonprofit organizations as a face :>heet for flppllcatlons when :>pplylnt;; for Federal grl\nts under programs covered by Part 1. Attachment A. OMB Crlcular No. A-95. In addition. agencIes are parllCulllrl)' encouraged to etxend the use 01 SF 424 to common programs ",1th State Ilnd local go\'- ernments where this lorm Is now required by FMC 74-7. 2. The SF 424. may also be used. on an op- tlonl\! basiS. to lulfill the requirements of OMB Circular A-95 for a notlncatlon of 111- tent. from appllcant to clenrlnghouses. th:>t Federal assistance v.11l be I\pplled lor. Local or State clearinghouse procedures wlll govern the use of the form lor this purpose. 3. The standard form will also be used Ill' Federlll agcncles to report to the clellrlng- houscs on major actions taken on a!,pllca- tlons reviewed by clearinghouses In accQrd- ance ,,-Ith OMB Circular A-95. and to notlly States 01 grants.ln-I\ld av.'I\rded In I\ccord. ance ....Ith Treasury Circular 1082. '. I I " " Office of Management and Budget CIrcular A-110 (7/30/76) A-110:16 O"'B Approvol No. l'9-ROUI ASSISTANCE L M"PlI. I. IlIJW8ER 1. STAn I. l<VWHR FEDERAL ~Uc-A- CANT'S nON I. TYPE 0 PREAPPlICA TlON APPlI. l. o.\Tt I D~N'Tl- l. DArt l.o.r _Ik oIay Of eAT lOf( t_ .....tI. .... FIUI ACTION 0 Al'rL ICUIOI( 19 ~SIC"ED 19 (M__".. 0 I( 0T1f ICA TIOl( OF I KrUll ('[)pt.) LH.. ,....,......... ...) 0 RU'ORT Of rEDEIW. ACTIOIl l'I4..l 4. LEGAL APPLICANT/RECIPIENT 5. r~DfAAl r:MPLOyr;1I 1000TlPlCATlON NO. I. ^"pliunl H..... : l. O"aniutioll U..1t : 6- I I \- 1 I I I c. SIrHl/P.D. Il<u : PRO. I. "UWBER d. City .. eo...ty GRAM b. TInE : : (Fro," f. Slri< : I. ZIP Cod.: r odrrol b. eonl.., p.....,. lNoM4 ColGID,,1 .. 04 1....,.1...... "'0.1 : a 7. TilLE AND DESCRIPTION Of ApPLlCANrl PROJ(CT a. TYPE Of ,IlI>P~IOAN'\' {RECIPIENT E I.-SIoI. ~",u.11y Ai;11... ~ 6-1",.,.,,\4 ._ Hirher (cueatioftl1. t-Mtltution ;: C-Subololo ..' ~ Indi", Tribe ~ Oirtrid I\-Olh. (.'l,..n(v): ~nty E-CIIy ~ f- Wool Dlttrtcl ~ ~r::I~ ,,"rpow E"Lft' _M"""..,..,.,:.oh NUn" 0 ~ TYP~ Q.f MSISTANCE ~,l".....t O-mu,~.. ~ 8--!ul)C'h.."bf .,.fI( '-Cther X..LH' G"~ ITJ g C-loe " ~h l..tt.n'(.) 10. AREA or PROJecT Il.4pAC'- (No..... 01 otoU.. .......~. 11. ESTI'i,l."M~ 12. TYPE Of APPUCATlON S"'kc. .w.) BER T OHI! !.-l<_ t.-R.,;-iJlOf' 1.......'_\011001 IrVIUITING a....R.."....1 ~"\i,,u.atlN. ,.tw.D E"trr .1'pro~t. 11. p~EO rUNOIN6 I~. CONCRESStoNAL DISTRICT' OF: 1S. TYPE or CHANG'E (Tor l,e.". JJ.41) fIDfR"'l. I $ I. APPUCAHf .. PRO/m .A-lncn.aLt Doltl" F-{llhor (Sp.elfy): I. .00 ~1ICt..... 0&111" A1'PLlCA~T I t-l"c,..... DU,..Utll\ b. .00 O-DK.I..... c.,...Uoa 16. P~JECT START 11. ~JECT i-c.....eel1atiOA t, STATE .00 DATt r__ -..lA de.. DURATION 1{"t.rr 4ppro. [[IJ d. lOCAl .00 IP M....Clu prio-w uti.,.!,) I. OTI1E~ .00 1&. ~nlMATEO DATi: TO 1__ ....,...... d4v 19. EXISTING PEDERAl IDENTIFICATION NUMBER BE SUBI.4ITTED TO I. TOTA.!. $ .00 fEDERAL AGENCY ~ 19 20. fEDERAL AGENCY TO RECEIVE REQUEST (N-. Cu,.. ,,-. U/' ..o.J 21. REMARKS ADDED n v... o No ~ 22. I. 1, th. ~m ... ftT)" knowled.. 'lid .....I'f. ~. H' 1~w4n4 by OMS Cu~.ulat .a.-95 tJ\n Il'1)Clc..tlo.. .., ~In.c. pc.Il")Il,I....t too i". N.'n- R_J"ft"-JI41 (1111 i. Oli. ~p.:jc.lio.n/lPi>liuUOll on .tn.dIOftI th.nln. to Ipproprllh .1"rl",~MS .",d .If '''PO.I.US ." .ruc:Alod: o J>O"U . _t~ g THE k'UI I.d coftKl, !h, doeum@>nl h" ..... APPLICANT duly luthoriu<f .... t... 'oY6("ftl"( - of 0 0 CERTlf'IES tn_ a.roliunl .net the lpelic.aa{ will ~ III ~ i THAT ~ with 'hi .tt.C"MC ...,..w. ~ lite euit&- I2l 8 0 .... anu H. Ippl''Ond. 1 (3) , 0 - '\ ~ 23. I I. TYPED KAWf AIIO T1lU ~. IIDPiAT\JRE L DATE SIQ~D CERTIFYINC1 Y_r ......v. MV' 6 REPRE. "' 19 1 ... SEliTATIYE ;t.4. All UiCY ~E 25.. APPLICA. :r__ ~ ,;,.v TION RECElYED 19 26. ORGANIZATlONo'.L UNlT *7. ADI.4INISTAATlVE OrnCE 28- fEDERAL APPLICATION ~ 10ENTlnCATlON ~ 29. ADORESS \~. fEDERAL OF;ANT ~ /DENTlnCA TION ~ 31. ACTION TAKEN lL rUNDm<: y- _oJ. ,;,.~ ).4. :r_r ~ ....v l 0 AWARDED i S 51 ARTlNG I. I. r!D~r.\L .00 :U. M:TION DATE ~ 19 DATE 19 0 0 ~. F:UlCTEO l. Al"l'\.tCAIH I .00 v ~TACT fOR AOOITtOHAl tHfQJlMA. 36- l'__ '" ...v. .... } I .ON (X...... ~ ""'.~ ,.",,,,,b,",,) ENDING 0 c. IlF:T\lllHCD I'O~ c. n....n .00 DATE 19 All EIlDi-Iut1' C. lOM~ I .00 37. REMARKS AODED ~ 0 C. DEfI!RREf> Orml': I ~ .. .00 ~ 0 I. WITMDRAWl< f. TOT 10l I s .00 o V.. ONO I ::-OERAL AGE'fCY I I. I" blill", ....... .rtiaA, .",. C:On'lm.nb. ,ec.~ tro", d.rinrM>uM:S ...,.. ...,.. b. rEDERA.!. ACE~CY ......9' OffiCIAl. .id.,.e:. fI _''M'" .....pon... a. ctM ...... ,.....oi_ of P~ I, OW6 ca",..hl /0,-9&. (h'G"'. .....d UUJlJrwnw ""'.) lit .... ..... N' .. ~ ..0.. 1.-95 ACTlON "'T,.'f~"""""' rn....u J'?J rJ,n.... , (\"_-,00;1 I -I Office of Management and Budget Circular A-110 (7/30/76) A-110:17 SECTION IV-REMAAKS (Plecue referen<< tM proper ;um "1.1mb" from Suti.crru I, II M III, if applic4bu) 4- ' STANDARD FORM 424 PAGE 2 (lC-751 I .' _I \ Office of Management and Budget Circular A-110 (7/30/76) A-110:18 GENERAL INSTRUCTIONS This is a multi.purpose standard form. First, it will be used by applicants as a required facesheet for pre- applications and applications submitted in accordance with Federal Management Circular 74-7. Second, it will be used by Federal agencies to report to Clearinghouses on major actions taken on applications reviewed by clearinghouses in accordance with OMS Circular A-95. Third, it will be used by Federal agencies to notify States of grants.in.aid awarded in accordance with Treasury Circular 1082. Fourth, it may be used, on an optional basis, as a notification of intent from applicants to clearinghouses, as an early initial notice that Federal assistance is to be applied for (clearinghouse procedures will govern). ^PPUCNIT PROCED\,;fiES FOR SECTION I Applicant will complete all items in Section I. If an Item is not applicablil, write "NA". If lKlditionalllpace is needed, insert an asterisk ...... and use the remarks section on the back of thll form. M explanation follows for each item: Item 1. Mark appropriate box. Pl"ll-apptk:atiQo and applica- tion guidance is in FMC 74-7 and Federal agency program instructions. No1lflC'ltion 01 intent R\lid. ance is in Circular A-95 procedures from clear. inghou~. Applicant will not u~ "Report of Fedcnll Action" bol(o 2a. ^ppll~nt's own control numbtlr, If deslred. 2b. Dote Section I Is pl"llparad. 3a. Number llslIlgned by State clearinghouse, or If dele- gated by St2Ite, by areawide clearinghouse. All nil- QUests ro Federal agencies must c:ontzIin this ldenti. fiel" if the program is COYened by Circular fo.-J!15 and required by applicable. State/areawide clearing- house procedUnl'S. If in doubt, consult your door. inghous.e. 3b. Dele applicant notified of c1ll(lrtnghouse Id:mtificr. %-4h. Legal name of applla:nt/roclplent, name of primary orgllnizational unit ~"hich will undcrtDke thll assist- ance llctivity, comp:::te eddress of applicant. and name and telephone number of person who can pr0- vide further information about this request. 5. Employer identIfication number of applicant as as. signed by Irrternal Revonue ServIce. Ga. U5e Catzllog of Federal Domestic Assistance num. ber assigned to program under which as:sistallC1l is requested. If more than one program (e.g., }airrt- funding) wme "multiple" and explain in remaoo. If unknown, cite Public Lzrw or U.S. Code. 6b. Program t~ from Federal ~talog. AbbnMete If necessary. 7. Brief title end appropriete description of projact:.. For notificz:tion of intent, corrtinue in ",marks sec- tion if necessary to convey proper description. 8. Mostly aell-cxplanatory. "City" includes town town. ship or other municipality. ' 9. Check the type(s) of Ilssistance requested. TlMl definitions of the terms Ilre: A. Bllslc Grnrrt. An original request for Fedenll funds. this would not include any corrtribtrtion provided under II supplemental grant. B. Supplemental Grerrt. A request to increose a basic grerrt in cer1:llin ClIses where the eligible llpplicant cannot supply the required matchins share of the basic Federal program (c.g., grants llwarded by the I\ppalachilln R~ional Commis- sion to provide the applicant e matching shllre). C. loan. Self explanatory. Item 10. 11. 12. D. IMUranal. Setf explanatory. E. Othel". Explain on rcrn:erks p8ge. Govemmentar unit when! tHsnificllnt and meaning. ful impact could be observed. lir>t only largest unit or unib affected, such as SUrte. county, or city. If entire unit aftocted, list it nrther than 5Ubunlts. Edimeted number of persons directly benefiting from profoct. Use approprtme code Ie-tter. Definitions are: A. New. A submittal for the fi~ time for a new pro;ect. 13. B. Renewal. M extension for an additional fundlngl budget period for a project having no projected completion det.e, but for which Federel support must be renewed each year. C. Revision. A modificetion ro project nature or scoptl which mil)' result in funding change (in. crease or decrease). D. Continuet)on. M extension for an &dditlonlll fundina/budeet period for a pro}ec:t the agency initially agreed to fund for a definite number of )'C!l /"'S_ E. !.ugmonbrtiort. A requirement for additional funds for a project previously awurded funds in the same funding/budget period. Protect ne.ture and scope unchanged. II:Tlourrt requested or to be contributed during ,the first funding/budget period by each torrtributbr. Value of in-kind corrtributions will be Included. If the &ction is a change in dollar amount of an exist- ing grarrt (8 revision or augmentation), indicate only the amount of the chllnge. FO( decrea~ en. close the amount in parentheses. If both basic and 5Uppleniental amounts are included, breakout in remaoo. For multiple P"'enlm funding, use totals and show program breakouts in ~8rks. Item defi. nitionS: 13a. amourrt requested;from Federal Gov. ernment; 13b, llmourrt applicant will contribute; 13c. Zlffiourrt from State, if applic&rrt is not a State-; 13d, amount from local government. if applicant is not a I~l govoemment; 13e, 8mourrt from any other sources, explain in remarks. Self explanatory. The district(s) where mast of ectual work will be ItCCOIll pi ish ed. If clty.wide or Stzlte-wide, covering severn I districts, write "city.wide" or "State.wide." Compkrte ooly for revisions [Item 12c), or augmen. tzrtions (item 12e). 14a. 14b. 15. STr.NOI\RD FORM 424 PAGE 3 (10-75) , - ," I -I Office of Management and Budget Circular A-110 (7/30/76) A-110:19 Ittlm 16. 17. 18. Approximate dat~ project expected to bepin (usually a!>~ietMl with estimated date 01 availability of funding). Estimated number of months to complete project lifter Federal funds ere available. Estimated dete preapplic.etion/appllcation will be submittod to Foderal agency If this project requires clearinghouse rroview. If review not required, this date would usually be s.l!ma as dote in Item 2b. Item 19. Existing Federal Identification number If this II not II new request and diroctly relates to a previous Federal action. Otherwise write "NA". 20. Indic8'te Federal egancy to which thiS request is llddressed. Street address not required, but do use ZIP. 21. Check llppropriate bm. es to whether Section IV of form contains rement5 end/or additional remarks are llttachod. APPLICANT PROCEDURES FOR SECTION II Ust cleDrinllhous~ to which submlttod and show In llppropriate blocks the status of their responses. For more then three clearinghouses, continue In remeoo section. All written comment~ aubmitted by or through clearinghouscs must be attached. Nllme nnd title of lluthorized representative of legal II pplicant. Applicants will lllways complete Items 23a, 23b, and 23c. If clearinghouse review Is required, Item 22b must be fully com. pletod. An explanation lollowa for each item: Ittlm 23b. Self explenetory. 23c. Self explanatory. Item 22b. 23a. Note: Applicant completes only Sections I llnd II. Section III is completed by Federelegencies, FEDERAL AGENCY PROCEDURES FOR SECTION III ttem 24. Executive department or Independent agency having program administra,tion responsibility. Self explanetory. Primary organizatlonel unit below department level having direct program management responsibility. OlTico directly monitoring the program. Use to Identify non.award ections where Feoderal grant identifier in item 30 Is not applicable or will not suffice. Complete addre3'S of administering office shown in Item 26. Use to identify awa rd actions where different from Federal application identifier In item 28. Sell explanotory. Use remeoo section to emplify where appropriete. Amount to be contribLIted during the fir;t funding/ budget period by each contributor. Velue 01 in.kind contribvtions will be included. II the ection is e change in dollar amount of an existing grent (a revi. sion or augmentation), indicate only the amount of change. For decreases, enclose the amount in pa- rentheses. II both basic and supplemental amounts are included, breakC'ut in remaoo. For multip~ pro' grom funding, use totels and show program break. ' outs in remarks. Item deronitions: 32a, amount awarded by Federal Government; 32b, amount ap' plicant will contribute; 32c, amount frQ(O Stale, if applicant is not a State; 32d, amount from local governme:1t if applicant is not a local government; 32e. amount from any othef' sources. explain in rema rks. D!lte ilction was taken on this roqu~t. Date funds will become aV1lilable. If applicant-supplied information in Sections I and \I needs no updllting or adjustment to 11l the final Federal action, the Federal agency will complete Soction III only. An explenlltlOQ for each Item lollows: 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. Item 35. Name and telephone no. of egency person who can provide more informlltion regarding this as..s.istance. Date after which funds will no longer be aV1lilable. Check approprillte box al to whether Section IV of torm contains Federal remllrks and/or attachment of additional remarks. For use with A-95 action notices only. Name and telephone of per;on who can llS5ure that appropri. ate A-95 action hilS been taken-It same as person shown in Item 35, write "same". II not applicable, write "NA". 36. 37. 38. Federal Agency Procedures-special considerations A. TrellsUry Circular 1082 compliance. Fe4Ierel agency will essure pro~r 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 A8encies (SCIRA's) are provided by Treasury D!lpart. ment to each agency. This form replaces SF 240, which will no longer be used. B. OMB Circular A-95 comp/illnce. Fede/"lll agency will es- sure proper completion of Sections I, II, llnd III. This form is required for notifying all reviewing clearinghouses of major actions on all programs reviewed under ,1,-95. Addresses of State and ereawide clearinghouses ar~ pro. vided by OMS to each agency. Substantive differences between applicant's reqlJest and/or clearinghouse recom. mendations. and the project as finally awarded will be explained in A-95 notifIcations to clearinghouses. C. Specilll note. In most. but not Illi S.vtes, the A-95 State clearinghouse and the (TC 1082' SCIRA are the same office. In such cases, the A-95 8wud notice to the State clearinghouse will fulfill the TC 1082 ll~rd notice reo Quirement to the State SCIRA. Duplicate notification should be avoided. ST"NDARD FOnM 424 PAGE 4 (10-75) '- I . Office of Management and Budget Circular A-110 (7/30/76) . ATTACHMENT N.--CIRCULAR No. A-1I0 PROPERTY MANAGEMENT STANDARDS 1. Thls nttnchment pre5Crib~s uniform standards governing manngement of prop- erty furnIshed by tho Federal Government or whose CQ6t was chlU"ged to a project sup- porLed by a FedeTl<l gra.nt or other "~reement. Federal sponsoring agencies shnll require re- clplenL' to observe these sta.ndards ullder grants and other a(;Teements and shall not Impose addltlonnl requirements unless spe- clllcalll' required by Federal law. The recipi- ent mal' use Its own property mnnngement stnndnrds nnd procedures prOVided It observes the pro,'lslons of this a.ttnchment. This nt- tnchment nlso applies to subreclplents as referred to In pam(;rnph 5 of the basic elr- culnr. 2. Tho following definlLlons apply for tbe purpose of thls nttachment: a. Real propcrty.--lIi.Cnl .property means land, Including land ImprovementB, sLruc- tures nnd appurtenlUlces thereto, but ex- cluding movablo machinery and equipment. b, Personal propcrty.-Personal propertl' of any kind except real properLy. It mny be tnn(;lble-hnvlng physical exlstence, or Intan- glble-ha.vln(; no physical exIstence, such as patents, InvenUons and copyrights. c. Nonezpcndablc pcrson<11 propcrty.-Non- expendable personal property me8.11S tangible personal property hl\\'lng a uselul Ille 01 more than one year and an acquisition cost 01 ~300 or more per unIt exempt that recIp- Ients subject to Cost Accounting Standards Board regulations mny use the GASB stand- ard of r-500 per unit and useful lUe of two )'ears. A recipient may use Its own definitIon of nonexpendable pcrsonal property provided that tbo definItIon would at least Include all tangIble personal property as defined nbove. d. Ezpend4ble personal property.-Expend- able personal property refers to all tangIble personal propert)" other than nonexpendable property, e. Erees. propcrty.-Excess property means propert)' under the con trol of an)" Federal agency that. as determloed b)" the head thereof, 15 no lon(;er required for Its needs or the dIscharge of Its responsibilIties. 1. Acquisitton cost 01 purchased 71071CZ- pen.dable personal propcrty.-Acqu15ltlon cost of an I tern of purche.sed Done~pendable per- sonal propert)" menns the net Invoice unit price o! the property Incl udlng the cost of modifications. attachmen ts, acce~sorlcs or auxUlar)' i\ppnrc.tus necessnry to make' the property usable for the purpose for which It was acquired. Other charges such as the cost of Installation, transportation, taxes. duty or proLectlve In-transit Insurance. shall be Included .or excluded from the unit acq ulsl. tlon cost In "ccorcance with the reclplent's regular accounting practices. g. Exempt property.-Exempt property means tangible per~onal propcrty "cqulred In whole or In 'part wIth Federal funds. and title to which ts \lested In the recipient with- out further obllgntlon to the Federal Govern- ment except as provided In subpnrl\(;raph 6a belo,,'. Such u ncondl tlonal vesting of title wUl be pursul\nt to any Federal legislation thnt provides the Federal sponsorlnr; "genc)' with nOequnte authority. 3. Real proper/y.-Each Federl\l spor:sorlng ngency shnll prescrIbe requIrements for re- cipients concernIng the use nnd dispositIon of real property acqulrcd parLly or wholly under grants or other ngreements. Unle&..' otherwl$e pro,'lded by stntute. such re'lulre- nH'nts. as f\. n11ninl\JJn. shall C-O:1t.~J:1 the rollo"']ng: a. TItle to real property shall vest In the recIpIent subject to the condition that the recipient shall use the renl properL)' lor the nutllOrLzec purpose of the project,'ns long as It 15 needed. b. The recipient shall obtain approval by the f'edera.l sponsor In!; l1{:ency for the use of real property In other projects when the re- cIpIent determln~ that tue property Is no longer needed lor the purpose of the original project. Use In other projects shall be limited to thOl'e under other lederally sponsored proj- ects (I.e., gra.nt.' or other n.r,reements) or pro- grnms that have purposes conslsLent with Lho,," nuthor17.ed for support by the l-~eral sponsoring arellcy. c. When the renl property 15 no 101lr,er needed as provided In 1\ and 1.0 "I>ove, tile recIpient shall request dlsposltloll Instruc- tions from the Federal sponsorinG ar,ency or Its successor Federal sponsorlllG "l:enr.y. The I.'ederal sponsorlnc ncency SIH.1I observe tile following rules In the disposition Instruc- tions: (I) The recipient IllRY be permitted to re- tain tI tic after It compensnt.es the Federal Government In an Rmount computed by ap- plyln(; the Federnl percentaGe of pMuclpn- tlon In the cost 01 the original project to the faIr market value 01 tbe property. (2) The recipient mRY be directed to "ell the property under guidelines provided by the Federal sponsoring a(;ency and pay the Fcjera.1 Government an amount computed by applying the Federal percentage of par- l1clpntlon In the cost of the original project to the proceeds from &I\Ie (alter deducting actual and reasonable selling and fix-up ex- penscs. If an)'. from tbe snJes proceeds). When the recipient Is authorl7.cd or required to sell the property. proper snJes procedures shall be established that provIde for competl- tlon to the extent practicable and result In the highest possIble return, (3) The recipient may be directed to trans- fer title to the property to the Feder,,1 Gov- ernment provided that In such CllSCS t.he recipient shall be entitled to compensatIon computed by applying the reCipient's per- centage of partlClpatlon In the cost or lhe program or project to the current fair ma.rket value of the property. 4. Fed.eraly-olDncd nonc:z:penda bk personal propcrty.-T1t1e to federally-owned property remains vested In the Fe:!eral Governmcnt. Recipients sha.1I submit ann u all)' an Inven- tory listing of federa.lly-<>wned property In their custody to the Federal sponsoring agency. Upon completion of tbe n.s-reement or when the property Is no longer needed. the recipient shall report the property to the FederaI' sponsoring agency for furtber n(;ency utlllzntlon. II the Fedcral sponsoring agency hn.s no further need lor the property, It shall be declare:! excess and reported to the ""neral Services ^dmlnlstrtlon. Appropriate disposi- tion Instructions w1l1 be Issued to the re- cipient after completlon of the )-'ederal Rgenc)" review. 5. Exempt property.-When statutory au- thority eXIsts. (e.g.. P.L. 8:>-934, 42 U...s.C. 1892) title t.o nonexpendable personal prop- crt)" acquired with project funds. shall be '<"este:! In the recipient upon acqUisItion un- less It IS determined that to do so Is not In lurtheranee of the objectives of the Federal sponsorIng acenc)". Wbcn tItle 15 vcste:! In the reclplcnt. the recipient shall have no other obllgRtlon or nccountablllty to the Federal Government for Its use or disposi- tion except "-, provided In Gn below. G. O/lLer noncxpen.dable propcrly.-When other nonexpendl1ble tanclble personal prop- crt)" Is ncquired b)' a recIpient with project fllnd~. tl tIc shRll not be tnken by the Fe:!- cr.'\! G'ot'("rnn1('n~ but shRll l"CSl In thr f"'('- clplen~ subject \.0 the following conditions: n. Right to 1ran~/cr tit/c.-For Itcms of nonexpendnble personnl property h",'lng R unit ncquisltlon cost of :'1,000 or more. the Federal sponsoring: ngcncy mRY rC$crvc the right to trnnsfer the title to Lhe Froeral J A-110:20 Government or to a third party named by lhe l-'cdcraJ QQvcrnmcnt when fiuch t.hlrd puty Is otherwise eligible under exlstin(; sLRLuLes. Such reservatlon shnll be subject Lo Lhe lollowln(; standards: (I) The propert)" shall be appropriately Identlfled In the crant or other a(':reement or otherwise made known to the recipient In wrltln!:. (2) The l-'edernl spon.<,Qrlng alienc)' shall I..,ue disposition In.,tructlons wIthin 120 cnl- eudnr dnys afLer the end of the Federal Sllp- porL of the project for which It was ncqulred. If the Federn! sponsoring agency I ails to i..<ue dlr.posltlon Instructions within Lhe 120 cal- emlar day perIod, the recipient shall nppl)" the sLnndlLrds of subplLra(;Tnpl1$ Gb and GC lLS npproprlnLe. , (3) When the Federal sponsorinG RGenc)" exercises Its riGht to take tltle. the personnl property shall be subject to the provisions lur federally-<>wned nonexpendable property dlscus.o;cd tn para(;Taph 4, above. (4) Whcn title 15 transferred either to the Federal Oovcmment or to a third pRrty.the provisIons of subparagrapb CIc (2) (b) should 1>c followed. b. Use 01 other tanpible nonezpendable property lor IDhich the recipicnt ha.s tttle. (1) The recipient shnll Uhe the propert)" In t.he project or pro(;T1\IJl lor which It wns ncqulred as .Iong as needed, whether or not the project or program contlnues to be sup- ported by Federal funds. When no longer needed for the original project or prOj;rnm, the recipient shall use the property In con- nectlon with Its other federnlly sponsored nctlvltles, In the following order 01 priority: (a) Actlvltles, In the following order of priorI t y : (b) Actlvltles sponsored by other Federal "Cencles. (2) Sharro usc.-Durln(; tbe time that nonexempt nonel<pendnble per""nal proper- t). ts held for use on tbe project or prO(;TRm for which It was acquired, the recipient sbn.1I make It available lor use on other proj- ectB or progrnms If such other use wll\ not Interfere with the work on the project or pro(;Tatn for ,,'hlch the property was origi- nally noqulred. First preference for 6uch other use shall be gIven to other projects or profrT&m6 "ponsored by .the Federal agency that nnanced tbe property; I\Ccond prefer- ence shall be given to projects or pro (;Tams sponsored by other Fed"ral ,,(;enCle5. If the propcrty Is owned by the Pederal Govern- ment. use on other nctlvltlcs not sponsored b)' lhe Fede",1 Government 6hall be per- missIble If authorized by the FederAl agency. User charges should be cOI1fldcred I} llpprO- prlate. c. Dupo.rition 01 other noncrpendf'ble property.-When the recIpient no longer needs the property as prOVided In 6b above, the property may be used for other "cti';I- ties In accordance wIth the lollowlng stand- ards: (I) Non.crpend4ble property with a unit acqui..;tion co.t 01 les. than SI.OOO.-TIle re- cipient may use the property for other ncllvl- tics ",1thout relmbur"ement to the Federnl Government or sell the property nnd rc- taln thc proceeds. (2) Noncrpcndable personal -proper/ywith o unil acquuition cosl 01 S1.000 or more.- The reclplcnt may retnln the property for other uses provldcd that compensntlon 15 mnde to the original Federnl sponsorIng a{;ency or Its successor. The amou n t of com- pell""tlon shall be computed by arplylll[: the percent_"ge 01 FWernl p,..,.tlclr,,:I01l In the cost of the orlglllRI project or progrnm to the current Inlr mnrket vnlue 01 the proper!)'. I r the recIpient hn.s no need for the property n.nd t.he properly hns further use val uc. the recipient shnll rNluest dispositIon InsLruc- tlons from tbe orlgl ual sponsor! n(; abency. " I Office of Management and Budget Circular A-110 (7/30/76) The re<1eO\I spon.orlng agency shall dtter- mine whether the property can be \l~ed to meet the agency', requirements. J[ no n. qUlrement exist.. within that agency. the av..llablllty ot the property shall be report- ed to tla Gener..1 Services Admlnl.tratlon by the Fede,.,.1 agen"y to determine ....hether .. requIrement tor the property exists In other Federal agenele.. The Federal sponsoring asency shall Issue In..tr\lctlon" to the recipi- ent no Inter than 120 dny" a!ter the reclpl- ent's request nnd the tollowlng procedures .hall govern: (a) J[ "0 Instructed or If dl,po,ltlon In- strucllons are not I""ued within 120 calen- dM dny' ntter the recipient', request. the recipient shall ,ell the property alld reim- burse the Federal "ponsorlng agency nn nmount computed by applying to the sales proceeds the percenlf'ge ot !"edcrnl partici- pation In the cost ot the orlglnnl project or pro.rnm. However, tl,e recipient shall be permitted to deduct nnd retain lrom the !"ed- .rnl share lIDO or ten perccnt ot the pro- ceeds. whichever Is grenter. tor the reclplent's selling nnd handling expenses. (b) If the reclpl.nt t. Im.tructed to shIp the property elsewhere, the recipient shnll be reimbursed by the benentlng Federal agency "dth an ..mount which Is computed by applying the percent.nge ot the reclplent.s partlclp..tlon 10 the co.t ot the original grnnt project or program to the current tnlr market value ol the property, plus !lny rensooable shipping or Inter1m stornge costs Incured. (c) 1f the recipIent Is Instructed to other- wise dispose ol the property. the recipient ..h..lI be relm bursed by th e Feder..1 sponsor- Ing ..gency lor auch costs Incurred In Its dt.'posltlon. d. Property managemcnt .tandard. jor nonerpendable property.-The recipient's property man..gement stand..rds tor nonex- pend..ble person..l property "1all loclude the loll owing procedural req ulrcmen ts: (1) Property records shall be malnt..lned accura tell' ..nd sh..lllnclude: (..) A description ot the property. (b) M..nulacturer's serl..l oumber, model number. Feder..l Block number. n..tlonal stock number, or other Identlncatlon num- ber. (c) Source ol the property. Including gr..nt or other SSTeement number. (d) Whether tltl. vests In the recipient or the Feder..l Oov~ment. '(e) Acqulsltloo d..te (or dl\te received. Il the property"''''' furnIshed by the Federal Government) and cost. (f) PerceDtage (..t the end ot the budg.t yo..r) ol Federal p..rtlclpatlon In the cost o( the project or progr..m tor ,,'hleh the prop- erty ...'as ..cqulred. (Not ..pplle..ble to prop- ....ty lurnlshed by the Federal Government.] (g) Loc..tlon. u..e I\nd condItion 01 the property and the d.. te the Inlormatlon w..s r.port&<!. (h) Unit ncqulsltlon cost. (I) Ultlmnte disposition dat.o.. Including date ol dlspo....l ..nd ""les price or the me~hod used to determine current 1..lr ml\/"ket v..lue ....here .. reclphnt compens..tes the Fedeal &ponsOrln!; ..sency lor Its share (2) Property owned by the Tedeal Gov- ernm.nt mu.ot be ml\/"ked to Indlc..te Ted- .r..l ownership. (3) A physiCAl Inventory 01 property shl\ll be t..ken ..nd the re..ults recooclled ""Ith the property recorcl.s ..t le...~t once eVerv two yeR.rs. Any dlnerenc.. between qu..ntlties de- termined by the physlCR.l Insp.ctlon and thqse shown In the accounting records ..h..ll be InvestlgRted to determine the CR.u,e. 01 the dltrerence. The recipient .h..ll. In connec- tion wIth the In,'entor)'. verlly the existence. current utlll..7.stlon. I\nd contlnued n.ed lor tho prop. rt)'. (4) A control IIl"to.m shl\ll be In e:Tect to 1nlurr adequate la1_t;'unrds t.o pre"rn~ l~, d..mage. or theft ot the propertl'. Any 10M. dl\mage. or theft 01 nonexpendnble proprrty shl\ll be Invesllgnled nnd tully documented; II the property wl\& owned by the Tederal Government. the recipient shRll promptly nO- tlly the Federal sp.1nsorlng agency. (5) Adequatel,. ml\lntenl\nce procedures shnll be Implemented to keep the property In good condition. (6) Where the reclplenl Is nuthorlr.ed or requIred to sell the property, proper Mles procedures shnll be estnllllshed v.'hlch would provide tor cornpetlllon to the extent prncll- cnllle nnd result In the highest pos..lble re- turn. 7. Expendable pc,"onal property.-Tltl. to expendable person..1 property shnll vest In the recipient upon ..cqulsltlon. If thero '1. a resldu..l Inventory ot ..ueh propert). exceeding $1.000 In totnl aggregate Il\lr mnrket valu.. upon termlnl\tlon or completion ot the gr..nt or other ngreement. and the property Is not needed lor any olher lederall)" sponsored project or progrl\m. the recipient shl\ll retain the property tor LL.e on nonlederally spon- sored activities. or soli It. hut mURt In either . case. compensnte the Federal Governmont tor It.:! shsre. The amount ot compenSl\lIoD shall be computed In the same manner R.S nonexpendahle personnl property. 8. Intanplblc propcrlY. a. Invention, and patcnt..-If any progrnm produces patentable Items, patent rlghL'. proce....es, or Invention.. In the course ot work sponsored by the Federl\l Governm.nt. such l..ct shall be promptly ..nd lully report- ed to the Feder..1 sponsoring agency. Unless there Is a prior I\greement betv.'een the re- cipient ..nd the Federal sponsoring agency on disposition 01 such Items. the Federal sponJOOrlng agency sh..ll determine whether protection on the InventIon or discovery shnll be llOught. The Federal spon..orlng ..gency w1l1 ..150 determine how the rights In the In- vention or dlscovery-Includln!; rl!;hts under sny pstent t'iSUed thereon-<sho.ll be I\llocated and administered In order to protect the pub- lic IDterest CODslstent with "Government Pstent Policy" (PresldeDt.s Memor..ndum lor Heads 01 ExecutIve Departments ..nd Ageocles, August 23. 1971, snd ststement ol Government Patent Policy e.s prlntec;l In 36 F.R. 16889). h. Copyrigh.t..-Except e.s otherwls. pro- "Ided 10 the terms ..nd conClltlon. ot tbe sgr~meot. the author or the recipient org..n- IZl\tlon Is lree to copyrlr,ht ..ny books, pub- IIc..tlons, or other COp)":"lghtable ml\l.4rlaJs developed 10 the cours. ot or under.. r.d- er..l agreement. but the J"eder..1 spon50rlng agency shall reserve a ro)...lty-lre.. nonex- clusive and lrrevoc..ble right to reproduce, publish. or otherwIse use. ..nd to authorlse others to use. the worle lor Governm.nt pur- p05.... ATTACH~<I:r<T O.--cncuLAII No. i.-lID r~OCUR.NrH'T 8TAl"fDARD5 1. Thl~ r.ttRchm.nt provIdes s'..ndard. lor use by rec:plents In e6t..bllehln\: procedures lor the procurement ot supplies. equipment. construction I\nd other service. with F.der..l 1uuds. Ther.t' standa.rd-s are :urnI5h~d to en- sure th....t such materh..15 a.nd service-II; Are ob- tained In an e.trectlve ml\nner ",nd In com- plll\nce wIth the provisions 01 ..ppllel\bl. T.d- erl\l I...... ..nd executive orders. No ..ddltlon..l procur.ment standarcb or requlr.m~"t.s .h..1l be Imposed by lhe rederal sponsoring "Ben- cl~s upon recipients unle... speclnCl\lly re- quired by Teder..1 stntute Or executive orde". 2. The standards contained 1n th1s I\t,-,"ch- m.nt do not relieve the reCipient ot the con- tr..ctul\l responslbllltle. s.rlslng under Its contr..ctJ<. The recIpient I. the respon51ble I\U- thorlty. without recour~. to the !"ederal spon- sorlnr. agenc)' regf\rdln!; the settlement ..nd snt1'[R.ctJon of ",11 C".o7'l.trA./:'tun.l and I\dmlntJ.- J A-110:21 Ir..llve 1"\lK ..rising out ot procuremenu entered Into. In support ot 1\ gro.nt or other I\!:r..ment. Thla Ineh.d.. dispute.. claim... prote~U ol ",,'n.rd. ..a\trM IYf:dulLt1on or othf"r mntters of a contractual nl\lUTt. )'iRtten5 con.. cPTnln. vlolntlon ot la'" 1\/"' to be reterred to such local. 5tl\te or Teder..l authority... may have proper turl.edlcUon. 3. Recipients mo.y u... Ihelr own procure. ment policies I\nd proced\lr.... Ho....ever. all re- cipients shnll "dhere to the ato.ndards eet lorth In pl\rn!,rl\pha 3 "nd (. a. The recipient ahall mnlntl\ln a code or standl\rd.. ot conduct thl\t .hl\ll !:overn the pertorml\nce ot Ita omceT>, ernploYNls or ngent. engl\ged In the f\w!\Tdlng I\nd I\dmln. Istrntlon ot eontr..cts using Federl\l tund.. No employee, omeer or agent shall pl\rtlclpate In the .electlon, "......rd or I\dmlnlstratlon ol 1\ contr"ct In ...hlch rederal tunds I\r. used. where. 10 his knowled!;e. he or hi. Immediate tl\mlly, partnera. or organlzntlon In ...'hlch he or his Immedlnte tnmlly or po.rtner hll.. a nnnntllll Inlerest or ....Ith ....hom he I. ne!:o- tlatlng or hl\4 I\nl' ..rro.ngement concernIng pro"p..ctlve .mployment. Th. recipients' of- nCCTJ. employees or ngent. .hl\ll neither solic- It nor ..ooopt gro.t\lltlel. tavors or anything ot monetary value Irom contrnctor. or poten- tl..1 contractors. ~uch at..ndnrds shllll provide lor dl.clpllno.ry actions to be applied for \'10- Il\lIon. ot such atandsrcl.s hy the recipients' omcers, employees or I\f:ents. b. All procurement \ranso.ctlons shall be conduct.d In a mo.nn.. t.o provide. to the .maxlmum extent practlc..l. open and Iree comp.tltlon. The recipient should be alert to org1'nlzl\t1ono..l coomcts ot Inl>erest or non- competltlve prl\Ctlce. ..mong oontrllCtoro that may restrict In' .Um!n1\te compe~ltlon or otltl..rwt.... restn.!.. trl\.de. In order to en- .ure objective contre..ctor pertormancc and ellmlnato unlaJr competltlve adrantl\.g.. con- trn.clx>r. that develop or crr.!t spe<:lficat.lons. requlN>ments, ..tatem.nbs 01 wor~. InvlU\- tlorn> lor bid.. and/ln' requoots lor proposals she-uld be excluded lrom coatpetlng tor such procuremenu. Awnraa ~ be made to the bldd~/ol1erO'l' whose bld/on..- \.! rosponllolve to ttl. 00 11 cl tA tAon a.nd k tn06 t nO v...n t.ag eoous to the J"e<:1~t, p<'lce ..nd other lo.ct.oro coo- sldered. 801lcl\.&tlo'''' s.he.1l clearly set lorth 1\11 requ!rementa tho..t tho bIdder /oO'~r must luInll In ord..,. lor hl6 ~/oO'er to be eV"Blu- ..ted by bh. recipient. Any ..nd all bld3/oner~ ffiA)" be n:joot.ed wh.n It Is In the re<::lp1ent.s lnt,ernt to d.o 80. c. All recipient.!. SohI'll ...t<<ollsh procure- ment prOC"durel th&t provldV lor, ..t a mlo- Imum. the lollowlf">l> J>1:OOCdurl'1Tequlrernents. (1) P'Topo~ pr~ent actIons ..hall lollow a pr~ut'O to ......,ure lb. ..voldR:>C. ot pU~l""lng unnec=-ry 0<' ch1pllcatlve I\.eJlU. W'hor. ...ppropr\6.\4. an anl\l~'" .h...1l b. rna..d-e ol Ie""'" ..nd purch....~. 1\!te-rn...t.\'.... Ix> de\..orml n. ...hloCh ....,ou1d be tho D'106t .conomJC&l. pr..ct\06.J procurement. (2) &ollcl tlo. tlon.< f or ~oocI<5 and services .hall be 'btued upon .. dee.r ..nd aceur..to doecrlptlon ot the technlce.l requJroment.!. Icr Ul. me.~l..l. prod\KI or :>eT'Tlce to be procurod. Such .. d~rlpt-lOn shl\.ll not. In cOm.p<!tltlV<: pT'O<luremon\l. conl.&ln le6tures which und\ll,. r...tr1et com.p.tltlon. "Br..nd n..m. 0<' .qUAI" ducrlptklll-' mo.)' be uud LlI .. mel\n& to Q.e-nne t.he per1'ormlb.no- or ot.her aa.lIifnt r.qulreTncnt:a of 8. procuTe.mrnt, ..nd ....h.n K1 \1....0 the specific leatures 0: the n..mod I>n.nd .....lllch m....st be met by bldd.., / onerors .ha.lJ be clee.r1r sopecJ!\ed. (3J Po.ltlve .rrOrl'" :>hl\ll be mM\. by the recipient.' to utilize sm..ll buslne"" I\"d ml- norltv-owne-d bustneN ~ources of 8upollea ..nd ~ervl~.e', Such ell orts should alia.... theM sourc.. the ml\xlmum fef>5lbJe opportunIty to comp." lor contac," utlllr;lno; hder..l tunnc. (4) The type of procurl n" lrut....um.nbl U"cC. '.h" IIxed prIce oontn>.cu. ooet ra\In- -, I Office of Management and Budget Circular A-110 (7/30/76) bur"",!>le oontract.s, purchf\.Se orders, Incen- tive contrnc!.'. sh"lI ~ deLerrrtlned by Ule rl'Clplent but must be flpproprlate for the p"rtloul"r procurement ILnd for promotlnr, the ~st InLerc<:t of th~ prormm IIl\'ol\'ed. The "cost_plu.;-n-percenl.age-of-cost" meUI- od of contrn.ctlng slll\lI not be used. (5) Contrl\C!.' shnl be ronde only with re- sponsible con trn.ct.ors who pO,,;et;6 Ute po' tenllon..,! ILblllty to perform succe3t\fully under lhe ternlS end conditions of " pro- posed procurement. ConslderlLUon :>hall be given to such mAtl.cr6 ...s cont.rn.ct.Or Inte(;Tlty, rcoord of pRSt perfOr/TUUlee, flnnnclal "nd t.cchnlonl rcsourcc.s or o.ccc.;slblllt). to oUler ncccs:s.n.ry rCSO\H'('..cS. (G) All proposed sole :>ource contract.s or where only one hid or proposal Is received In whloh the agr,rcgnte ex.pendlture Is ex- peeLed t.o exceed '-5,000 shlLlI be subject. to priOr approvnl nt the dlscrell"ln of the Fed- eral sponsorl nr, agency. (7) Some form of price 'or cOGt. lUlnh'sls should be mnde In connection wlt.h e~ery procurement. n.cWon. r'Tlce nnnlyslE TTV\Y be ILCcompl1..<.hed In\"arlou5 WflY-', IncludIng the compa.rll'On of price quot.nuons submitted, IDl\rket prices flnd slmllnr Indlclll, together with d.J~unts. C<<>l I\.nnlysls Is the review IInd e\'"luo..Uon of cnch eienlent of co.,-t to del.crnUne roo.sono..blencss, alloca.blllt)' IInd &lIoWl\.bUlty. (8) ProcuTement record6 n.nd fIlC6 for pur- cho..ses In ex.-c:.ess of '10,000 &hall Include the follo","jng: (a) Bf<.sl. for contre.c:tor selection; (b) Justlficatlon for lack of competition ....hen competJtlve bids or orrers n.re not ob\.nlncd.; (c) Basis for Award C06t or prlCoC. (9) A s)"stem for con trl\.ct Mlnllnlst.rntlon lIhl\.lI ~ m.o..lntnJned to ensure contractor conformance with terms, conditions and speclflcatlons of the eootrnct, and to ensu," l\.lIequ"u; and timely followup o! a.ll pur- chases. {. The recLplent shall Include, In &ddltlon to provisions to define I\. sound nnd complete . "greement, the following pro\"1Slons In all cont.racts. These provisIons shall also be 1'1': plied to subcontrl\.cts. a. Contrn.cts In excess of ~10,OOO shft.11 con- tain contr"-Ctual pro\"1slons or cond:wons thnt will .ilo\l." for I\.lI.m.lnlstrntlve, contrn.c- tu"l or legl!.! remedJes In Instances In ..."hlch cont/"'B..Ctors vlola.t.c or bre"ch oont.r"ct t.cnns "nd provide for such remedIal actions ...; rruy be I\.pproprlaLe. b. All contrllcts In excC1>S or ~10,OOO shIll! contnln sul\.nble provL.<;lons for te:onJne.tlon br the recipient Including the mnnnec b\' ",'hlch l.crmJna.Won wlll ~ etTecl.cc and lh~ bAsis for settlement. In Mldlt.lon, sue." con- trn.cts shnll de;crlbe condItlolls unde~ which the oont.rlLCt. lTlAY ~ t.cnnl.ll"l.cd for default i\.5 wcll I\.S colH.1ltioru; where the rontrn.ct. nmy lH.' 1..crrnlnntcd b<."C1\.\1~C of olrc\1l1l....c;tlLnc~ be- yond the cont.rol of t.he contr"ct.Or. c. In ail rontrncts for c0'l1!'trucllOIl or fft,. c.llity Ilnpro\'cnlcllt awa.rded for rnorc thnn f,100,OOU. recipients shnll ol>6crve t.he bond- Ing N)'lulrement.s pro\"1ded In Atl.<lC.llJllent D to thIs circular. d. All contrllCL<; "warded by reelpl("n\.' nnd their oont.rn.ct..or:; or s\lb~ntees hn.vlng a v"lue of morc th"n $10.000, sJmll conw.ln a provision reCjulrlns compll1\nCoC \\1t.h Execu- tive Order 1124G, ent.ltled "Equal F..mrloy- ment Opportunlly," 115 amended by Executive Order] 1375. nnd as supplementr.d In Depnrt- ment or L"bor regul"tlOIlf, (41 CFR. "nrt GO). e. All contrncts "nd suhl'mnLs In excess or ~.2.000 tor construcl..loll or repa'r awarded by reclpien!.s ..nd subreclrlen.L, sh"ll Include II provision for compll"nce wllh the Copelnnd "Anti-Kick D"ck" Act (18 V.S.C. 874) .....s supplemented In Department. of LlIbor rer,uI"t10ns (29 CPfi. P"rt 3). This Act pro. vldes that each contractor or sub(;mlltee shllll be prohIbited from Inducing, by nny means. nn~' person employed 1n the con~Lruc- \.Ion. complellon, or rep"lr of public worK. to gl ve up "ny part of the compensn\.lon to which he Is other...'lse en\.ltled. The recipient. shall report lell suspect.ed or reported vlola- tlons to the Federal sponsorlllg asenc,. 1. When required by the Federa] pror,mm leglsla \.lon, all const.ruc\.lon con tracts awarded by the recipients lInd subreclplents of more thl\.n ~.2,OOO shall Include a provision for compliance ....Ith the Davis-Bacon Act (40 U.S.C. 2761' to ..-7) and ns supplemen'led b, r>epl\Ttment of Labor regullltlons (29 CFfi. P"rt 5), Under this Act contractors shall be requlre<l to pay ....agcs to ll\.borers and me- chanics at a rat.e not less thl\.n the mInimum ",'ages specified In a wl\.ge det.ermlnatlon m"de by ,t.he Secretary of Labor. In addlt.lon. con. tract.ors shall be required to 1'''> wages not less than once a ....eek.. The recipient shnll place a copy of the current. prevailing wage determlnlltlon Issued by the Depart.ment. of Lnbor In each sollcltatlon and the aWI\rd of a contrl\.Ct. .hnll be condl.tlOned upon tbe accept."nce of the wage det.ermlnatlon. The recipient shall report 1\.11 suspected or re- ported violation. t.o the Federo.l sponsorlog ngeney. g. Where applicable. nil cont.racts aw"rded by recIpients In excess of :.2.000 for construc. tlon con1.racLl:i nnd in excefS ot e.2.500 tor olher cont.racts thatln\'olve the employment of mech"nlc., or laborers, shall Inelude a pro- vIsIon for compliance ",'Ith sections] 03 and 107 of the Contract Work Hours aod Sl\!et.y Standards Act (40 U.S.C. 327-330) as sup- piemented by Departme",t. of Labor regula- .1 A-110:22 tllms (29 CFfi. PllTt 5). Under section 103 (If the Act. el\ch conti-neLor sh:l.1l be re.'. qulrcc1 to cntllpulc the wngcs of every IIlC. chnnle Rud Inborcr on the ba!=i.ls of n standnrd \,;lurk ctny of P. lHnlT"!'; nnd n r.tl\llctllrd work wcek of 40 hours. Work In excess of lhe st.andnrd o;J.'orkdny or workwcC'Y. l~ pcrnl1s..<;lblc JHo\'ldcd LhA..t the worker is cornpcll~ntcd nt n rnle or not Jess thnn ] V2 Urnes the bnslc rale of pay Cor A.ll hours workl~d in cx.ccs~ or B hours in nny Cl\lclldnr dny or 40 hours In the ....orkweek. Section 107 of lhe Act Is nppllcable to conslructlon work lllld provl<1('s t.hal no laborer or mechanic shall be re()lllred to \\'or}~ In 5\1rroundlng::o or tinder working c.ondltlons whtch nre unsRntt.nry, hnz.ardo\ls Of dnng(':ro\1~ to h1s hcnllh nlld :~I\f('ty 1\..<; de. tl'rrnlllcQ under construction snlel\' Illld hcnllh ~tnlldards prolll\llgnt.cd by the ':-;ccr<'. lnry of Lnbor. Tllc~c rcq\1irClllrl\l.:,;, du -)01 "I'ply to the pllrchl\.Ses of s\l('pllr.. or mate- rials or arlldes ordinarily nVldl"ble on the open lunrkct. or conlrnct.s for trl\.n~portnllon or \.ra115nll~"'lon of lntcIl1b"CJ1Cc. h. ContrAct.s or nt6--ccmclll-~. tile prtnctrnl JHlrpO!;(' of.whIC)) I.'; to crentc. dc\'clop or ~nl- prove products. prOCC!iSCS or n'lC:l.llo<ls: or for explorllUon Into Helds th"t directly concern public henllh. safety or wclfnrc: or contrncts In the field or sclr.nce or technolosy In which there has been 1It.t1e ,.,,:nlf'cant expeTlence ouLslde of work funded by Federnl f\.';Slst- nnce. shall conlllln " notice to the ellect ,that mat.t.crs re(;ardlns rlgh\.' to In\'entlons nnd ml1Lcrtnls generat.cd und.er the contrnct or nr,reement. are slIbject to the regulations 15- slIed by the Federnl sponsorlnl' "l'ency IInd the recipient. The eonlrn.ctor shall be "d- \'I"ed lIS to the source of IIddl tlonal Inlorma- tlon ~l'(\rdlng these matters. I. All nesoU"t.ed contrflot.s (except those of ~ I 0.000 or less) a....!\Tded by reclplen\.s 5\1,,11 Include" pro\'lslon to t.he e!lec\. thnt. the recipient. the Fe<lernl spo"-"'rlng agency, the Comptroller General of the UnIted St."t.cs. or "ny of ot.helr d\lly authorl7.ed represr.ntu- t1\'es. shall hllve nCce"-S to any boo.:s. docu- ments. p"peTS nnd records of the contractor which a.re dIrectly pert.lnent to a specific pro- (;'mm for the purpose of making "udlts, examinations. exccrpL~ and transcriptions. ). Contrscts "nd subl~.,.an'ts of amo\lnts In excess of UOO.OOO shall cont"ln a provision that requires the recIpIent to aEtree to com- ply ",'Ith all "ppllc"ble st.nnda.rds, orders or rel:ul"tlons Issued pursuant to the Clear A:r Act. of 1970 (42 D.S.C. ]857 et sc-Q.) and the Federo.l WI\..\.cr Poll\ltlon Contrnl Act (33 U.S.C. ]251 et seq.) l\S "mended. Vlol"tlons sh,,11 be reported to the Feder"l S[>9nsorlng "l:ellcy nnd the RegIonal Ilmce of the Eo- \'lronment.,,1 ProtectIon Agency. . IFR Ooc.76-21904 Flied 7-29-76:8:45 amI I -, , , APPENDIX H OMB Circular A-I22 4. . , . I Office of Management and Budget Circular A-122 (6/27/80) Of PICE OF MAHAGEMENT AND BUDGET C6rcolar A-122, "Cost Principles for Nonprofit Organizations" AGENCY: Office of Management and DudCel. ACTION: Final Policy. Junc 27. l!IUO To The Heads of Executive Departments and Estnblishments Subjcct: Cost principles for nonprofit organiza lions. . 1. Purpose. This Circular eslaLli:;hcs principllls for determining cosls of grants. contrii:;ls Hnd other agrecments with nonprofit organizations. II docs nol apply to colleges ar.d universities which are covered bv Circular A-2r. Stote. loco!. and fe'd~rnlly recognb:ed !ndian tribal governments which are covered by Circular 74-4: or hos;;itcls. The principles are desisned to provide thaI the Federal Government bear its fair shnre of costs excent where restricted or prohihited by law. The principles do nol o lIempt to prescribe"the extent of cosl sharir.g or matching on'grants, contracts, or otn!;::- a3reemCl:ts. However, such cosl sharing or ma tching shall not be accomplished through arbitrary limitations on individual cost elements by Feder3l agencies. Provision for profit or other increment above cost is outsid'3 the scope of this Circular. 2. Svpersession. This Circular ~upersedcs cost principl~s issueo:! by indi vidual agencies for non"profH organization. 3. Applicability. a. These principles shall be used by all .Federal agencies in determining the .costs of work performed by nonprofit orgRnizations under grants, cooperative agreements, cost reimbur:;ement contracts. and other contracts in which costs are used in prir.ing, administration. or s~ttlp.menl. All of these instruments are nereaflcr referred to as awards. The principles do not apply to awards under which an organiza tion is not required to acco~nt to the Government for actual costs incurred. L. All cost reimbursement subu...,"anls (subgronts. subcontrRcts, elc.) are subi~cl to lhose Federal cost principles applicable to the particular organization concerned. Thus, if a subaward is to II nonprofit organization, this Circular 'shall apply: if a" subaward is to a commercial organization, the cost principles applicable to commerciRl concerns shall apply; if a subaward is to a college or university, Circulur A-Zl ~hall apply: if a subil\\'ilrd i~ to R Stillr.. loclll,-or fedep81IyrecO~i7..ed Indilln. tribal government, Circular 7~ shall opply. 4. Definitions. a. "Nonprofit organization" means any corpora tion, trust. lP.lsociation. cooperative, or other organization which (1) is operRted primarily for sdcntific, educational. service, charitable, or similar purposes in the public intere~t; (2) is not organized primarily for profit; and (3) uses its net proceeds.to maintain, improve. and/or expand its operations. For this purpose, the term "nonprofit organization" excludes (i) colleges and universities: (ii) hospitals: (iii) State. local. and federally recognized lndian tribal governments: and liv) those nonprofit organizations which Rre . exc\mlcd from coverage of this Circular in accordance .....ith pRragraph 5 below. b. "Prior approval" means secu~ing the awarding llgency"s permission in advance to incur cost for those items thai are de~ign8ted as requiring prior approval by the Circular. Generlllly this permission will be in writing. Where un item of cost rl;quiring prior approval is speciiied in the budget of an.award, approval of the budgct const'ilules approval cf t~ut cosl. 5. Exclusion of some nonprofit organizations. Same nonprofit organizations, bec.uuse of their size and nature of operations. can be considered to be similar to cOll1mercialconcerns 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 lions is coD.uined.in. Attachment C. Other orgar:;zalions may be added from time to time. 6. Responsjbilities. Agc[l.cie.s respons'ible for administering progra.ms that involve awards to nonprofit organizations shall implement the provisions of this Circular. Upon requesL implementing instruction shall be furnished to the Office of Management c.ld Budget. Agencies shall designate a liaison official to serve 8S the agency representative on matters relating to the implementation of this Circular. The name and title of such representa tive shall be furnished to the Office of Management and Budget within 30 days of the datc of this Circular. 7. Att.ochmenls. The principles and related policy guides are set forth in the following Attachments: Attachment A-Geoeral Principles Attachment B--Selected Items of Cost Attachment C-Nonprofit Organizations Not Subject ~ This Circular .1 A-122:1 8. Requests for exceptiOJls. The OUice of Management t!Dd Budget mar wllnt exceptions to the requiremcnts or \his Circular when permissible under existing IRw. However. in the interest of achieving maximum unifonnilY. exceptions wiu be pennilled only in highly unusual circumstaoces. 9. Effective Date. The provisions of this Circular are effective immediately. ImplemenlRtion shall be phased in by incorporaling the provisions into new a wards made after the start of the organization's next fiscal year. For existing awordsthe new principles may be applied if an organization and the c.ognizant Federal agency agree. Earlier imJ51ementation. or a delay in implement a tion of individual provisions is also permitted by mutual agreement between an' organiza tion and the cognizant Federal agency. 10. inquiries. Further information concerning this Circular may be obtnined by contacting the Financial Management Branch. Budget Review Division. Office of Management and l3udget, Washington, D.C. 20503, lelephone (202) 395-4773.- James T. Mclntyrc, Jr., Director. (Circular No. A-1Z2] A\lnchment A Gcneral Principles Table of Contents A. Basic Considera lions 1. Composition of lotal cosls 2. Faclors affecting allowabilily of costs 3. Rcasonable costs 4. Allocable costs 5. /\pplicable credits O. Advance understandings B. Direct Cosls "\ C. Indirect Costs 4- D. Allocation of Indirect Costs and Determination of Indirect Cost Rale~ 1. Genp.ral 2. SimpliIied allocation method 3. Mulliple allocation base method 4. Direct allocation method 5, Special indirect coot rates E. Negoliation and Approval of Indirect Cost Rates 1. Definitions 2. Negotiations and approval of rates [Circular No. A-:22] Attachmeot A Gcr.:cral Principles A. Dosic Considerations. 1. Composition of total costs. The lolnl cost of an award is the ~um of the allowable dircct and allocable indirect costs lcss aoy applicable crcdits. 2. Factors oFectins a!lowobility of c;osls. . " I Office of Management and Budget Circular A.122 (6/27/80) To be allowable under an aWard, costs must meet the following general criteria: 8. Be rel\8ona ble for the performance of the award and be aUocable thereto under these principles. b. Conform 10 aDY limilations or exclusions set forlh in these p~!nciples or in the aWIlf(1 as to types or amounl of cosLilems. c. Be cobsislc(lt wjth policies and procedures thaI apply uniformly \0 both federally financed and other activities of Ihe orga niza lion. d. Dc accorded consislenttreatmcnt. e, De determined in accordance with generally accepted accounting principles. f. Not be included as a cost or used 10 meet cost sharing or matching niquiremonts of any other federally financed program in either Ihe current or a prior period. g. Be a6~quately documenred, 3, Reasonable cosls. A coal is reasonuble if. in its nature or ,'nount, i(does not exceed that which would be Incurred by 'a pn:der:t pcrson under the circumsllli1ces prcvaOing at Ihe time the decision wa~ made to incur the costs. The question of the reasonableness,of specific costs must be scrutinized with particular care in connectign with organizationil or separate divisions thereof which receive the prepond'erance oc'tbeir support from awards made' by Fede'ral agencies. In determining the reasonableness of a given cost, consideration shall be given to: a. Whether the cost is of a type generally recognized as ordinary and necesssl")' for the operation of the organization or the performance of the award. b. The reslraints or reC]uirements imposed by such factors as generally accepted sound business practices, arms l'ength bargaining. Federal and State laws and regulations, and terms and conditions of the award. c. Whether the indivldliakconcerned acted ',.ith prudence in the circumstances. considering their responsibilities to the organization. its members, employees, and clients, the public at large, nnd the Government. d. Significant deviations from the established practices of the orgJnization which may 'unjustifiably increase the award costs. 4. Allocable costs. a. A cost is allocable to a particular cost objecti\'e. suc!: as a grant. project. service. or other activity, in accordance with the relative benefits received. A cost is allocable to a Government award if it is treated consistently with other costs incurred for the same purpose in like circumslances and if i't; (1) Is incUlTCd specifically for the aWilrd, (2) Benefits both the award and olher work aOld can be dis:ribuled in reasona ble proportion to the benefits received. (3) Is neccssary 10 the overall operation of the orgilniz3 tion, althouoh a direct relationship 10 any particular cost objective cannol be shown, b. Any cost allocable to a particular award or other cost objective under these prinr.iples may not be shifted 10 other Federill awards 10 overcome funding deficiencies. or to avoid restrictions imposed by law or by the tcrms of the award" 5. Applicable crediL~. a. The term applicable credits refers to those receipts. or reduction of expenditures which operate \0 offset or reduce e)(pan~es item8 that are ellocaLle to awards as direct or indirect costl. Typical eXRmples of such transactions are: purchase discounts. rebates or allowances. recoveries or indemnilie8 on losses. insurance rclunds. and adjustments or overpayments or erroneous charges. To the ex lent thai such credits accruing or received by the or!lanization relale 10 allowable cost they shall be credited to the Government either as a cost reduction or cash rclund os, appropriate. b. In some instances, the amounts received form the Federal Government to finance orgRnizational activities or service operations should be trealed as applicable credils. Specifically. the concept of netting such credit items against related expenditures should be a;:plied by the organizaton in delerrning the roles or amounts to be organization in determining the rates or arnaounts tobe charged to Federal awards for services Tendered whenever the facilities or other resources used in providing such 'services have be!!n financeu clirectly. in whole or in part. b)' Federal funds: a(c) For rules covering program income (i-e.. gross income earned from federally supported activities) see Allachmenl D or 01'.113 Circular A-ll0. ' 6. Advance and understandings. Under :lIlY given"'award the reaeonablenc-ss and allocability of certain ilem~ oC costs may be difficult 10 determine. This particularly true in conDecti~n wilh orgizalioM that receive a preponderance of Iheir support from Fedcrlll agencies. In 'order to 6void subsequent disallowance"or dispute based on unreasonablenes.s or nonallcicabililv. it is oft!!n desirable to seek a wril\eil ag'reement with the cognizant or owarding "a13ency in advance of Ihe incurrence of special or unusal costs. The absence of an advance agreement on any alement of cost will nol, in ilself. affect the reasonableness or aliocability of thai element. B. Direct Costs 1. Direct costs are Ihose that can be identified specifiea!!y with a particular fba! cosl objf:clive: i.e.. a particular award. project. service. or other direct activit)' of an crglmizntion. However. a cost mav not be assi>;!ned 10 an award as a direct ;ost if an\' oih~r cost incurred lor the same purpose, i~ like circumstance. has bep.n allocated 10 an award :H an indirect cosl. Cost identified s;:edflcEllly with Rwards are direct cost of the awards end are 10 be assigned directly thereto. Ccsl identified specif:caliy with olher final cost objectives of the organization are direcl costs of those cosl objectives and are nolto be assigOled to other Rward. directly or indirectly. 2. [,n)" dirp.ct cost of a minor"amount m:J)" be tresled as an indirect cost of or reasons of pructica!ity where the ar.co\lntlrealmenl for such cost is consistcntly npplied to all fin:JI cosl objecti\'es. 3. The cost 01 cerIa in acth'ilies orc not aHowable 115 charges t<;> Federal awards (sec. for e>:ample. Cund raising costs in paragraph -, A-122:2 21 of Atlachment B), However, even though Ihese cosh ere unallowable for purposes of computing charges to Federal awards. Ihey nonetheless must be treated a~ direct cost for purpose. oC determining indirect cosl rales Rnd be a 1I0ca ted their 8l1lll"c of the orgAnization's, indirect costs iC \lley represent oclivitieswhich (1) include the salaries of personnel. (2) occupy sp~ce, and {3) benent from the organi7.alion's indirect costs. 4. lne costs of activities performed primarily as a service to members, clients, or the general public when significant nnd necessary 10 lhe orgunizalion's mission mUElI be treated as direct costs when or not ollowuble ond be allocllted an equitahle share of indirect cosls. Some examples of Ihese types of activities include: 1\. Maintenunce Qf membership rolls, subs'c:riplions. publications. and related Cunctions. b, Providing services and inCormation to members. legislative or administrative bodies. or the public. c. Promotion. lobbying. ond other forms of public relalion~. d, Meetings and conrerences except those huld to conduct Ihe general administration of the organization. 3. hlaintenacne, protection. and investment of ~pecial funds not used in operation oC Ihe orgunization. r. Administration of group benefits on behelf of members of clients including life ,and hospital insurance. annuily or relirement plans. financial aid. elC, C. Indirect Cost. 1. Indirect costs are those that have been incurred lor common or joinl objectives and cannol ue readiiy. identified with a particu\ur final wst objecU\'e. Direct cost of minor ar.lounts may be treated as indirect cosls under thi! conrlitions described in paragraph B.2. abo\'e. After direct cost~ have been dell<rmil1cd and assigned directly 10 awards or olher work as appropriate. indirect costs are those rem:oining to be lJllocated 10 benefiting CO~1 objectives. A cost mr,y not he allocated 10 an award os an indirect cosl if EWY otllf~r cosl incurre41 for the iarne purpose. in Eke circunulances. 'ha~ been as~ig~ed to an li,,:ard as a direct cosl. 2. Because of the diverse characlerislics lI:1d accounting practices of nonprofil crganiza tions, it is not possible 10 specify the typp.s of cost which may be classified HS inrlirl<cl cost in all situation. However, typiCal e,\amples of indirecl cost for many nonprofit o:'ganiza tions may include deprecia tion or use allowance.s on buildings and equipment. the costs of opcr.,ting and maintaining f:Jcilities. snd general Rdministration and g!'ne.al expenses. sllch a~ the salorie~ and eXf'Cnses of executive officers. personnel ourr.inistration. and a.ccounting. D. Allocation of Indirecf Cost ond Drtermination of Indirect Cosl Ratf's. 1. General. u, V\'here a nonprofit orpaniz~ lion has only one rr.<<jur function, or w;',ere HiI its major lunctions benefit from its indirect cosls 10 approximately thc same degn'e, the ,dlocntion of indi:ect cosls llnu the . . I Office of Management and Budget Circular A-122 (6/27/80) computation of an indirect cost ule ru-r be accomplished throu~h simplified allocation procedures as doscribed in paragreph 2 below. b. \,\'here an orgonir:ation has several major functions which benefit from its indirect costs in varying degrces, alloca tion of indirect costs may require the accumulation of such costs Into separate cost groupings which then are allocated individually to benefiting functions bv means of a uase which belt measures the r'llative degrce of benefit. The indirect costs r.llocaled 10 each function are thr.n distributed to intlividual awards and other activities included in that dunction by means of un indirect co,t rale(s). C. The determinotion of whot constitutes on or~anization's mojor functions will depend on its purpoee in being: the types of scr;'ices it renners to the public, its clients, and i1~ members; ond the Hmollnt of errorl II devotes to such activities os fund raising. public information and membership activities. d. Specific methods for allocating indirect costs and computing indirect cost rates along with the conditions under which each method should be used are described in paragraphs 2 through 5 below. e. The base period for the allocation of indirecl costs is the period in which such costs are incurred and accumulated for allocation wo work performed in that period. The base period normally should coincide with the organization's fiscal year. but in any evnl. shall be so selectee as to avoid Inequities in the allocation of the costs. 2. Simplified allocation method. a. Where an organization's major functions benf:fit from its indirect cosls to approximately the same ce2re. the ,.!localion of indirect costs may be ac~o:nplished by (i) separating the organization's total costs for the ba~e period as e!lher direct or indirect, <<nd Iii) di\'idin,llthe total alloweble indirect cnsls Inet of ap.piic:able credits] by an equitable distribution base. The result of this process is an indirect cost rate which is used to distribule indirect costs to individual a waras. The rste should be expressed as the percentage which the total amount of allowable indirect costs bears to the base selectl'd. This method should alos be used where an organization has only one mdjor function encompassing a number of individual projecl~ or /Icli\"ities. and may be used where the le....el of Federal awards to an organizalinn is relatively small. b. bolh the diroct cosls IInd the indirect cesls shall exciucle cap;!El expenditures and unallowable costs. Ilowe...er. unallowable costs which represenlllctivilies must be included in the direct cos!s under the conditions described in paragraph B.3. above. c. The distribution base mil}' be total dircct costs [exclutling capital expenditurc~ and othcr distorting itcms. such liS major subcontrllcts or s:Jbbrar.t~). direct sc1l1ries and wagcs. or othcr base which results in an cquilable distrib1Jlion. The distribution base shall gencrally exciude ps:tidpant suport cosL- as defined in paregraph ZIl of A\lachment B. d. Excl'~,t whcrc a sfJl'cia! relels) i;; rrquirl'd in eccordance with paragraph 0.5 below ,\he 'indirect-GDllt u Ie d,.-.(Qloped. .....d!!r thc a bnve princ..ipw.s~, aro>licab\e .\D a II B wards sl.the OC1lani:uo.iion..II a spacial rate(s) is required.apprapriate modu.CM.tiolU shall be made in order to develop .tbe special ratl'(s). 3. Multiple oIlocoljon base method. &. \'o'here ao organization', indiroct costs benefit its majorfuoctions in varying degrees, such costs shall be accumulatod into separate cost groupinf!S. Each grouping shall then be allocall'd individually to benefillng functions by means of a hase which hesl measures thc r~lative benefits. b. TIle groupings shall be estnhllshed so as to permit the allocation of each groul'in!;'on the basis of benefits provided to the major functions. Each sroupi~ should constitute a pool of expenses that arc of like character-in terms 01 .he fllnc:tions Ihey henefitllnd in ICI"ll18 01 the ullUClllioll hll"" whl,,!' l"'dl measurs the relulive benefits pro\'idd to each function. The numher of seporste groupings should be held within practical limits. takins inlo considerution the maleriality of the amounts involved and the dcgree of precision dl'sired. c. Actual conditions must be taken into account in selecting the bose to be used in allocating Ihe expenses in each grouping 10 benefiting funclions. When an allocation can be made by assignment of a COGt grollping directly to the function benefited. the allocation shall be made in thai manner. When the expenses in a grouping are more general in nature. the allocation should be made Ihrough 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 relatcd factor associaled with the organization's work is potentially adaptable for use 8S an allocation base provided Ii) it can readily be expressed in lerms of dollars or other qllantitative meaGures (total direct costs. direct salaries and wases. staff hours applied, square feet used. hours of US1lge, number of documents processed. population served. and the like] and (iiJ it is common to the benefiting functions durins the base period. d. Exccpt where a special indirect cost rllte(s) is required in accordance with paragraph 0.5. below. the sepnrale groupings of indimct costs allocated to each major function shall be agrr.gated and treated as a common pool for thai function. The costs in the common pool shall then be distributed to indivisual awars induded In that function by use of a single indirect cost ra te. e. Thc distribution base uscd in compuling tI.e indirect cosl ra Ie for each function Olav be lolal dirp.ct costs (excluding capital . c;penditures end other distorling items sllch ~s major subcontracts and subgrants). direct ~alaries end wages, or other ase which resulls in an equitable distribution. The distribution base shall generally exclude participant support costs as defined in paragraph 29. Attachment B. An indirccl cost rate should be developp.d fir each s~parate indirect cost pool developed. The rate in each case should be stated as the percenlagc which the amount of the particular indirect cost pool is of the distribution base identified .1 A-122:3 with that poet .(. Direct allocation method. a. Some llQnprofit organizations, treat all costs as direct costs expect general administration and general expenses. These organizalions generally separate their cosls inlo Ihrc basic categories: (i) Genersl administration and general expenses, (ii) fund raising. and (iii) other direct functions (including projects performcd under Federal awards). Joint costs. such as depreciation. rentnl costs. operation and maintenance of facilitics. telephone cxpenses, ond Ihc like are prorated indivisually as direcl cost to eoch catcgory and to each oward. or other activity using a base most appropriatc 10 Ihe particular cost bcing prorated. b. This method is acceptable provided each joint co.st is prorated using a bese which llCCllro'tc]y mell~\II"es thc hencfit~ proviclcd to ellch nWII'rd or olher IIcllvll\'. Tho bll"o" IIIIIIIt bc establishcd in accordan~e with rcsonable crilerie. and be supported by currcnt data. This method is compatible wilh the Standards of Accounting and Financial Reporting for Voluntary Health and WeUare Organizations issued jointly by the National Health Council, Inc., the National Assembly of VoluntarY Heallh end Social Welfare Organizatio"ns, and the United Way of America. c. Under this method, indirect costs consist eclusively of gelleral administru tion and general expenses, In all olher respects. Ihe organization's indirect cost ratess shal be computed in the same manner es that described in paragraph 0.2 a !Jove. 5: Special indirect cast rates. In some instances. a single indirect cost rate for all . activities of an organization or [or each major function of the organiza tion ay not be appropriate, since it would noltake into accountlhose different factors which may substanlially affeclthe indirect costs applicable to a particular segment of work. For this purpose. a particular segment of ,""ork. For this purpose. a particular segment of wOlk may be that performed under a single award or it Olav consist of work under a group of awards performed in a common environmcnt. the factor4 may inClude the physical location of the work. the levll[ of Administrativc sllpporl required. the nature of Ihe facilities or order resources employed, Ihe scientific disciplines or technical skills involved. the organizational arrangements uscd, or any combination thereof. \fo,'hen a particular segment of work is performed in an environment which appears to generate a significantly diffcrentlevel of indirect costs. provisions should be made for a separa te indirect cosl 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 rale resulting therefrom should be used provided it is determined that (i) Ihe rate differs significantly from that which would have been obtained under paragraph O.Z. 3. and 4 above. and (ii] the volume of work to which the rate would apply is material. E. Negotiation and Approval of Indirect Cast nales. I Office of Management and Budget Circular A-122 (6/27/80) 1. Definitions. As used in this seclion, tht: lollowlng terms have the meanings set forth below: a. "Cognizant agency" meons the Federal agency responsible for negolia ting and approving indirer.t cost rates for a nonprofit organization on behalf of all Federal agencies, b. "Predetermined rote" means an indirect cost rate, applicable to a sper.ified current or future period, Ilsually the organization's fiscal Year. The rate Is based on on estimate of the ~osts 10 be incurred during the period. A predetermined role is not subject to adjustment. c. "Fixed rote" means on indirecl cost rate which has the slime characteristic~ as a predetermined rale, exceplthatthe difference between the estimaled cosls and the actual costs 01 the period covered by the rale is carried lorward os on adjustment to the rate compulation 01 a subsequent period. d, "Final rate" means on indirecl cost rate applicable to a specified past period which is based on the actual costs of the period, A linal rate is not subject to adjustment. e. "Provisional rate" or billing rate means a temporary indirect cosl rate applicable to a specified period which is used for funding, interim reimbursement, and reporting indirect cbsts on awards pending the establishment of a ra te for the period. r. "Indirect cost proposal" means the documentation prepared by an organization to substanliale its claim for the reimbursemenl of indirect cosls, This proposal provides Ihe basis for the review and negotialion leading to the establishment of an organization's indirect cost rate. g. "Cost objective" means a function, organizational subdivision, contract, grant, or other work unit for which cost data are desired and for which provision is made to accumulate ami measure the cost of processes, projects, jobs and capitalized projer.ts. 2. Negotiation and approl'aJ of rates. a, Unless differenl arrangements arc agreed 10 by the egencies concerned, the Federal egcncy with the largest dollar value of awards with an organization will be designated as the cognizant agency for the negotia lion and approval of indirect cost ra tes and, where necessary, other ra les such as fringe benefit and computer charge.out rates. Once on agenc~' is assigned cognizance for a panicular nonpro'fit organization, the assignment will not be changed unless there is a major long-term shift in the dollar voJu~ of the Federal awards to the organization. All concerned Federal agencies shall be given the opportunity to participate in the negoliafion process, but after a ra te has been agreed upon it will be accepted by all Federal agencies. When a Federal agency has reason to believe that special operating factors affecting its awards necessitate special indirect cost ra tes in accordance wi lh paragraph 0.5 above, it will, prior to the time lhe rates are negotiated, notify the cognizant agency. b. A nonprofit organization which has not previously established an indirect cost ra Ie with a Federal agency shall after the crganizslion is advised that an award will be made and, in no event, later than three months after the effective da te of the a ward. c. Organizations that have previously established indirect cost rates must submit a new indirect cosl proposal to the cognizant agency within six months after the close of each fiscal year. d, A predetermined rate may be negotiated for use on awards where there is reasonable assurance, based on past experienr.e and reli:Jble projection of the organi;wtion's costs. that the rote is not likely to exceed a rate ba~ed on the organization's octual cosls. e. Fixed rates may be negotialed where predetermined ra les are not considered appropriate. A fixed rate, however, shall not be negotiated if (i) all or a substantial portion of the organization's awards are expected to expire before the carry-forward adjustment can be made; (ii) the mix of Government and non-government work at the organil.ation is too erratic to permit an equitable carry. forward adjustment; or (iii) the organization's opera tions nuctua Ie significantly from year to year. I. Provisional and final rates shall be negotiated ,where neither predetermined nor fixed ra tes are appropria te. g. The results of each negotiation shall be formalized in a written agreement between the cognizant agency and the nonprofit organization. The cognizant agency shall distribute copies of the agreement to all concerned Federal agencies. h. 11 a dispute arises in a negotiation of an indirect cost rate between the cognizant agency and the nonprofit organization, the dispute shall be resolved in accordance with the appeals procedures of the cognizant agency. i. To the extent that problems ure encountered among the Federal agencies in connection with the negotiation and approval process, the Office of Management and Budget will lead assistance as required to resolve slIch problems in a timely manner. [Circular No. A-1Z2] Attachment B Selected Items of Cost Table oJ Contents 1. Advertising costs 2. Bad debls 3. Bid and proposal costs [reserved) 4. Bonding costs 5. Communication costs 6. Compensation for personal services 7. Contingency provisions e. Contributions {;. Depn:ciatlon and use allowances 10. Donations 11. Employee morale, health and "'elfare costs and credits 1:. Enter~6inrncnt costs 1;J. Equipment and other capital expenditures H. Fines and penalties . 15. Frin~~ benefits 15. Idle 'facilities and idle car-aei:y 17. Independent resenrch and development (resen'ed) lB. Insurance and indcmnific3tion 19. Intere~t. fund-raisinf-. andinvestmenl manngem!:nt costs 20. Lnbor relalio;')s C.'1sts _II A-122:4 21. L('s~('s on oilier s.....ard; 2:. Maintenance arid r':pllir costs 23. Materials /Vld supplies 24.. Mcetin~s, r.onferencl;s Z;j. Memt.erships, subscriptions. aud prcfcssional activity cusls ZB. Organization costs ",l.7, O,'crlime, extra-pu}' shif\, and multishil'l premiums 26. Page chargl's in professionul journalll 29. Participant support costs 3D. Patent cosls 31. Pcnsion pluns 32. Plllnl scr.urity costs '33, Preaward costs 34. Profession..l service costs 35. Pronts and 10llses on disposition of depreciaulc property or other capitol IIssets JU. Public irHormation sen'ice costs Ji. Publication /lnd printing costs jO. Renrransement and alteralion costs 39. Recon\'ersion costs 40. Recrui\ing cost~ 41. Relocation costs 42. Ren1.al cosls 43. Royalties and other costs for U!;c of patent; and cop}'rights H. Severance pay 45. Specialized service facilities 4ft Taxes 4i. Termir..ation costs 4B. Trainms and education costs 4D. Transpona tion costs 50. Travel costs [Circular No. A-l2.2] AlInchmenl B Selected Hems of Cost Paragraphs 1 through 50 provide principles to be applied in establishing the allowubility of certain items of cosl. These principles apply whether a cost is trea ted as direcl or indirect. Failure to mention a panicular item of cost is not inlended to imply that i\ is unallowable: rather determination 05 to allowability in each case should be based oa the treillment or principles provided (or similar or related items of cost. 1. Ad"ertising COGts. . "I a. Ad-{ertising costs mean the costs of' . media Rcrvices and associated costs. Media advertising includes magazines. ne,vspaprirs. radio and television programs. direct maiL exhibits. and the like. b. The only advertising costs allowable are lhose which are solely lor (i) the recruitment of personnel when considered in conjunction with all other recruitment costs, 89 set forlb in paragraph 40: ,(ii) the procurement of goods and servicl's: liii) the disposal of surplus materials acquired in the perlormance of the award except when organizations are reimbur~ed for disposals at a predetermined omounl in accordance with Allechment N of OMU Circular A-11O; or (iv) specific requirements of the award. 2. Bad dobts. Bad -debts. including ICXlses (whether aclual or estimated) ariBing from uncollectible accounts and othor claims, related collection costs, and rclsl(l.j legal cosls. arc unallowable. 3. Bid and propo~al costs. [reserved) 4. Bvnding costs. '. , , \ I Office of Management and Budget Circular A-122 (6/27/80) a. Ooncling costs arise wh(ln the Governmcnt requircs.assurance against {inllncialloss 10 it.scH or others hy reason of thr. ar.t nr de/aull o{ the organization. Thcy IIrisl' olso in instance, where the organization rp.quires similar assuranoe. Included are such bonds as bid. performance, payment.. . ad\lmce payment. In{ringemenL and {Idehly bunds. b. Custs of bonding required pursuant 10 the tcrn's of the awa:d IIr!' allowllhle. c. Costs of bonding required by the org,loi7.alioo in the general conduct of its operations arc allowable to the extC1ltthat such bonding Is in accordnnce with sound l.HIsiness practice and the rates Rnd pTemiums IHe reasonable under the circumslances. 5. Communication DO!ltS. Costs incurred for tclephnne services. local and long distance tclephone calls, tclegrams. radio!lra(IU;. postage Sind thc hke, are allowable. 6. Compensation for person oJ serl'ices. a. Definition. Compensation {or personal scrvlccs includes 1\\1 compeOlsalion paid currently or accrued by the organil:alion for services of employees rendered during the period of the award. (execpt os otherwise provided in paragraph g. below). It includes, but is nollimited to, salaries, wRges, director's and executive comrniltee member's fees, incenti\'e awards. fringe benefits, pension plan costs, allowances for oIT-site pny. incentive pay. location allowances. herdship pay. aod cosl of li\'ing differentials, b. AllowabiJity. Except as otherwise speCifically provided in this paragraph the costs of such compensation are allowable to lhe extent that: (1) Total compensation lo.individual employees is reasonable for the services rendered and conIorms to the established policy of the organization consistently applied to both Govemmentllnd oon- Government activilies: and (2) Charges to awards whether trealed as dircct or indirect cosls are dete.mined and supported a\ required in this paragraph. c. ReasonabJCJ1ess. (1) Wben the organization is predominantly engaged in activities other than those sponsored by the Government. compensalion for employees on Government-sponsored work will be considered reasonlible to the extent thalH is consistent with that paid for similar work in the organi:t8lio'n's other activities. (2) Wheo the orgenizalion is predominlintly engaged in Government.sponsored activilies and in cases where the kind of employees required for the Government activities are not found in the organizatioo's other activities, compensation for employees on Covernment-sponsored work will be considered reasonable .to the extent thai il is comparable to that paid for similar work in the la bor markets in which the orgllniza lion compctes for the kind of employees involved. d. SpeciaJ considerations in determining allowobiJitJ'. Certain conditions require special consideration and possible limitations In determining costs under Federal awards where amounts or types of compensation appear unreasonable. Among such conditions ore Ihe following: (1) Compcnsu tion to membcrs of nonprofit orpaniz:<:lions, trustees. directors. a~sor.iRtes, officers, or the immediate families thereof. Detcrmination should he made that such compensation is reQs'moLle lor the aclual personal servic:es rendered rllther than a distribution of earnings in excess of costs. (2) Any change io an o"Rllllization's compensation polic:y rcsulling in a substantial increase in the organi:r:ation's level of compensation, particularly when it was concurrent with an increase in the ratio of Government awards to other activities of the organization or any change ia the treotment uf allowal:iilit}' of specific types of compensatiun due to changes in Government policy. e. Unallowable casts. Costs which ore unallowable under other paragraphs of thi5 ^ltachment shall not be allowable under thi5 paragruph solely on the basis thai they constitule personal compensation. f. Fringe benefJls. (1) Fringe benefits in Ihe fonn of regular compensation paid 10 employces during. periods of authorized absences from Ihe lob. such as vacalion leave, sick leave, mililar~' leave, aud the like. arc allowable provided such cosls are absorbed by all organization activities in proportion to the rcla tive amount of time or efforl actually de\'oled to each. (2) Fringe benefits in tbe form of employer conlributions or expenses for social security, employee insurance, workmen's compensation insurance, pension plan costs (see paragraph g. below). and the like, are allowable provided such benefits ere granled in accordance with established writlen organizatioo policies. Such benefits whether treated RS indirect costs or liS direct costs, shall be distribuled to particular awards and other activities in a manner consistent wilh Ihe pattern of benefits accruing 10 the individuals or group of employees whose salaries and wages are chargeable to such awards and other activities. p)(a) Provisions for a reserve under a self- inSurance program for Wlemplormenl compensalion or workmen's compensation arc allowable to Ihe exlent Ihalthe provisions represent reasonable estimates of the 1i3bilitiec for such compensation, IInd Iho types of coverage, exlenl of coverage, and rates and premiums would have been allowable had insurance been purchased 10 cover the risks. However. provisions for self- insured liabilWes which do not become payable for more than one year aller lhe provision is made shall not exceed the present value of the liabilily. (b) Where an organization follows a coosislent polcy of expensing actual paymenls to, or.on behalf or. employees or '[ormer employees for Wlemployment liO-nipensation or workmen's compansation, such.payments are allowable in the year of -payment with the prior approval of the ewarding agency provided they are allocaled to.aIl activities of the organization. (4) Cosls of insurance on the lives of lrustE'es. officers, or Olher employees holding positions of similar responsibililY are allowable only to the extent thai the insurance represents additional compensation. The cosls of such insurance when the organization is named as. J A-122:5 beneficiary are unallowable. g. Pension pIon costs. (1) Costs of the organization's pension plan which arc incurred in Bccordance with the established policies of Ihe organization are allowable, provided: (a) Such policies meet the test of reasonableness; (b) The methods of cost allocation are not discriminatory; . (c) The cosl assigned 10 each fiscal year is delermined in accordance with generally accepted accounting principle~ as prescribed in Accounting Principles Board Opinion No. B issued by the American Institute 01 Certified Public Accounlants: and (d) The cosls assigned to a.given fis.ca~ ye.ar ere funded for all plan participants Within SIX months ailer the end of that year. However, increases to normal and past service pension costs caused by a delay in funding the actuarialliabilily beyond 30 days aller each qunrler of the year to which such costs arc assignable ore Wlallowable. (2) Pension plan termination insurance premiums paid pursuant to Ihe Employee Relirementlncome Security Acl of 1974 (Pub. L. 93-400) are allowable. Late payment ch'lrges on such premiums are unallowable. (3) Excise taxes on accumulated funding defIciencies and other penalties imposed under the Employee Retirementlncome Securit}' Act are unallowable. h. Incentive compensation. Incentive compensation to employees based on cost reduction. or efficienl performance, suggeslion awards. safety awards, etc., are allowable to the exlentthal the overall compensation is delermined to be reasonable and such costs are paid or accrued pursuant to an agreement entered into in good failh 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 crlect. an agreemenl to make such payment. .' . i. Overtime, extra pay shift, and multJshift premiums. See paragraph 27. j. Severance pay, See paragraph 44. k. Training and education oo~ts. See paragraph 46... .' 1. Support of salaries and wages. . (1) Charges to awards for salarie~ and wages, whether Irealed as direcl costs or indirecl costs. 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 substilute system has been approved in "''Titing by the the cognizant agency. (See paragraph E.2 of Attachment A) (2) Reports reflecting the dislribution of activity of each employee must be maintained lor all staff members (professionals and nonprofessionals) whose compensation is charged, in whole or in part. directly 10 awards. In addition, in order to support the allocR lion of indirect cosls. such rcports musl also be maintained for olher employees whose work involves Iwo or more luncitons or activities if a distribution of their compensation between such functions or nclivilies is needed in the delermination of I \ 1 . , _J Office of Management and Budget Circular A-122 (6/27/80) theorganizotion's indirect cost rate(s) (e.g.. an employee engaged part-lime in indirect cost activities and pert-time in a direct function). Reports maintained by nonproLt organizations to satisfy these requirements must meet the foJlowing standards: (a) The reports must renect an after. the- fact determination o( the actual activity of each pmployee. Dudget estimates [i.e., estimates determined before the services are performed) do not qualify as support (or cll"rges to awards. [b) Euch report must account (or the total activity (or which employees are cmnpcIls8ted and which is rcquired in (ulfillment of thcir obligations to the organization. [c:) The rcports must be signcd by the individual employee, or by a responsible supervisory official having first hand knowledge o( the activities performed by the employee. that the distribution of activity represents areasonable estimate of the actual work perform ad by the employee during the periods covered by the reports, (d) The reports must be prepared at least monthly and must coincide with one or more pay periods. (3) Charges for the salaries and wages of nonprofessional employees, in addition to the "supporting documentation described in subparagraphs (1) and (2) above. must also be supported by records indicating the total number of hours worked each day maintaioed in conformance with Department of Labor regulations implementing the Fair Labor Standards Act [29 CFR Part 516). For this purpose, the term "nonprofessional employee" shaJl 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 cwards must be supported in the same manner as salaries and wages claimed for reimbursement from awarding agencies. i, Contingency provisions. Contributions to 8 contingency reserve or any similar provision made for events the occurrence of which cannot be ioretold with certain!v as to time, intensity. or with an assurance of their happening, are unaJlowable. The term "contingency reserve" excludes self. insurance reserves (Eee paragraph 6.f.(3) and 10.a.(2)[d)): pension funds (see paragraph 6.[g)): and reserves for normal severance pay (see paragraph 44.[b)[1). 8. Contributions. Contributions and dona tions by the organiza tion to others are cnaJlowable. 9. Deprecioiion ond use aliowances. a. Compensation for the use o( buildings, other capital improvements, and equipment or: i>and ma:' be made through use ?lI11....'an~es or depreciation. However. except as pr'1\'idcd in paragraph f. below a cCIlnuii1ation o( the two methods ma\' nol be "sed in connection with a single dass of fixed Hs_ets le.g.. b~lildings. office equipment. conlputer equipment. etc.). b. The computation of use allowances or ';',preciatic-.n shall be based on the ;;l~,!l!isition cost of the assets involved. The uc:ot;:sition cosl of an asset conaled to the or~anization by 8 lhird part~' shall be Its lair market value at the lime 01 the donation. c. The computation of use allowar.ces or deprecia tion will exclude. (1) The Cosl of land: (2) Any portion o( the cost of bui:dings and equipment borne by or donatcd by the Federal Government irrespective of where title was oriE:inally vcsted or where it presently resides; and (3) Any porlion of the cost of buildings and equipment CO'1tributcd by or (or the orgHnizatiun in satisfaction of a slatutor)' matching retirement. d. Where the use allowance method is followed, the use allowance for buildings and improvemenl (including land improvements such 8S p.wed roa/king areas. fences. and sidcwalks) will be c:omputed al an annual rate not exceccins two percenl o( acquisition cost. The use allowance (or equipment will be compuled at an af/nual rale not exceeding six and two-Ihirds percent of acquisition cost. Whcn Ihe use allowance method is uscd for buildings, the entire building must be trealed os a single asset: the building's components (e.g. plumbing system. heating and air conditioning, etc.) cannot be segregated from thc building's shell. The two percent limitation. however. need not be applied to equipment which is merely a:tached or iastened to the building bul not permanently fixed to it and which is used as furnishings or decorations or lor specialized purposes (e.g.. dentist chairs and denial treatment units. counters, laboratory benches holled to the fluor, dishwashers: carpeting. etc.). Such equipment will be considered as nol' being permanently fixed to the building if it can be removed without the need for costl\' or extensive altera tions or repairs to ihe building or the equipment. Equipment that meets these criteria will be subject to the six and two-thirds percent equipment use allowance limitation. e, Where depreciation method is followed, the period o( useful service (useful liCe) established in each case for usable capital essets must take into consideration such (actors as type of construction, na ture of the equipment used, technological developments in the particular program area. and the renewal and replacement policies followed ior 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) 10 accounting periods shall reDect the pattern of consumption o( the asset during its useful life. In the absence of clear evidence indicating that the expected consumption of the asset will be significantly grea ter or lesser in the early porlions of its uscfullife than in the later portions. the straight-line method shall be presumed to be the appropriate method. Depreciation methods once used shall not be changed unless upproved in advance by the cognizant Feeeral agency. When the depreci;;lion method is introduced for application to assels previously subject to a use allowance. the combinil tion of use all'Owances and cicpreciation applicable to such assets must not exceed the 10la1 acquisition cost of the assels. VI'hen the depreci"lIon method is used fl'r huiJdinJ:ls. a bllildiJl~'s shell may ue A-122:6 segregated Irom each building component (c.g.. plumbing system. heating, and air conditioning system, elc.) and each item dcprcciated over its estima'ed useful life; or the entire building (i.e.. the shell and all componenls) may be trcaled 8S a single asset and depreciated over 8 singlc uscfullife. C. Whcn the depreciation method is used for 1I particular class of assets, no depreciation may be allowed on any such asr-ets lhal. under parogrRph e. above. would be viewcd as fully depreciated. However, A rcasonllble use allowance mill' bc ncgotiatcd fur 8uch asscts if warranted allcr taking into cunsidcration thc amount of deprcciation previously chargcd to the Government, the estimated uscfullife rcmaining at time of negotiution, the effect o( any incrcRscd mainlcnance chargcs or decreased efficiency due \0 age, and any othcr faclors pertinent to .the ulilizHtion 01 the asset (or the purpose contemplated. g. Chargcs for use allowances or depreciation must be 811pported by adequate property rccords Rnd physical invcntories must be taken at least once every lwo years [u stati.tical sampling basis is acceptablc) to ensure thaI assets cxist and are usable and needed. Whcn thc depreciation method is fullowed, adequa te deprecia tion records indicating the amount o( depreciation taken cach period must also be maintained. 10. Donalions a. Scrvices received. (1) Dunated or volunteer services may be furn:shed to an organization by prolessional and technical personnel. consultants, and olher skilled and unskilled labor. The value of these services is not rcimbursable either as a dircct or indirect cost. (Z] The value of dunated services utilized in the performance or a direct cost aclivity shall be ccmsidered in the determination of thc organization's indire'cl cost rate[s) and, accordingly, shall be allocRted a I'roportion~te share o( applicable indirecl costs when the (ollowing circumstances exist: (al The ag3~egate "Rlue of the services is nwtcrial; (b) The services arc supporled b~'-f signific'mtamnunt of lloe i~lirect costs. _ . incurrcd by the organizR lion: lc) The dirr.ct cost activity is not pursued primarily (or the benefit o( the Federal Guvlmlment. [:J)ln those illstanccs where therc is no basis (or determining the fair market value of the services rendCTed. the recipient and the cognizanl agency shall negotiate an nppropriale aiiocution of indirect coslto the sen.-ices. (4) Whcre dona led scrvices directly benefit a ;:rojcct supporled by an a .....ard. the indirect costs allocated to the services "ill be considered as a parI of the total costs o( the project. Such indircct costs may be reimbursed under the award or used 10 meet cost sharing or matching requirements. [5) The value of t!'le donated servicl:s may lw used 10 mecl cosl sharing or malching re~uirements under conditions described in /'.Itachment E. OMB Circular ;0\0. A-ll0. \'\:hcre Dona led services ure treated as indirect costs. indircct cost rales will s"paral~ the value or the donations so that '. , . '\ I Office of Management and Budget Circular A-122 (6/27/80) reimbursement will not be made. (6) Fair market valu~ of donated services shall be computed as follows: (a) Ilates for volunteer services. Rates for vo)untel:rs shall be consistent with those regular ra tes paid for similar work In other activities of the organization. In coses where the kinds of skills involved arc 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 an employer donates the services of an employee, these services shall be valued at the employee's regular rate of pay (exclusive of fringe benefits and indirect costs) provided the services are in the wme skill for which the employee is normally paid. If the services are not in the same skill for which the employee is normally paid, fair market value shall be computed in accordance with subparagraph (aJ alJove. 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 reimbursa ble either as a direct or indirect cost. (2) The value of the donations may be used to meet cost sharing or matching share. . requirements under the conditions described In Attachment E, OMB Circular No. A-110. The value of the donations shall be determined 10 at:cordance with Attachment E. Where donations are treated as indirect costs, indirect cost rates will separate th~ value of the donations so that reimbursement will not be made. 11. Employee morale, health. and welfore, 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 estalJlished practice or custom for the impro\'ement of working conditions, employer-employee rela tions, employee morale, and employee performance are allowable. Such costs will be equitably apportioned to all activities of the organization. Income generated from any of these activities will be credited to the cost . thereof unless such income has been irrevocably set over to employet' welfare orga niza t ions. 12. Entertainment costs. Costs of amusement. diversion. social activities. ceremonials, and costs relating thereto, sucl. as meals', lodging. rentals. transportation, and gratuities are unallowable (but see p::rngrilphs 11 and 25). 13. Equipment and other capitol e.\iJenditures. a. As used in tbis parngraph. the following tcr,:r'..;l.ha\'c.Lhe.mll,!ninm; set forth below: (1) "Equipment" means-;~'~rticle of noncxpcndable tangible personal propcrly haVing a uscfullife of more than two vears arid an acquisition cost of $500 or mo;e per Unit. An organization ma\' use its own definition provided that i't at least includes all no~expendu ble tangible personal property as defincd herein. (2) "Acqui~ition cost" means the net invoice unit price of an item of equipment, including the cost of any modifica tions, attachments, accessories, or auxiliary apparatus necessary to make it usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, prolective in- transit insurance. freight, and inslallation shall be included in or excluded from acquisition cost in accordance with the organization's regular written accounting practices. (3) "Special purpose equipr'lent" means equipment which is usable only for research, medical. scientific, or technical activities. Examples of special purpose equipment include micr05copes. x-ray machines, surgical instruments. and spectrometers, (4) "General purpose equipment" means equipment which is usable for other than research, medical. scientific, or technical activities, whether or not special modifications are needed to make them suitable for a particular purpose. Examples of general purpose equipment include office equipment and furnishings, air conditioning equipment, reproduction and printing equipment, motor vehicles, and automatic data processing equipment. b. (1) Capital expenditures for general purpose equipment are unallowable as a direct cost except with the prior approval of the awarding agency. (2) Capital expenditures for special purpose equipment are allowable as direct costs providad that items with a unit cost of $1000 or more have the prior approval of the awarding agency. c. Capital expenditur.es for land or buildings are unallowable as a direct cost except with the prior approval of the awarding agency, d. Capital expenditures for improvemerits to land. bcildings, or equipment w.hich materiallv increase their value or useful life are unall~wable 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 for allowability of rental costs for land, buildings. and equipment. 14. Fines ond penalties. Costs of fines and penalties resulting from violations of. or fa:Jure 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 an award or instructions in writing from the awarding agency. . 15. Fringe benefits. See paragraph 6. f. 16. Idle facilities and idle copocity. 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 olher tangible capita'! as~cl. wherever located. and whether ov."Tled or leased by the or6aniza tion. (2) "Idle facilities" means complclelv ulllI&.ed facilities tha: arc excess 1'0 the' organi:z.ation's curren I needs. (:Jj "Idle c!!;JRci:y" means the unll~ed .1 A-122:7 capacity of partially used facililies. It is the difference betweeD that which a facility could achieve under roo per cent opera ling time on a one-shift basis less operating interruptions resulting from time lost for repairs, setups. unsatisfactory materials. ana other normal delays, and the extent to which the facility was actually used to meel demands during the accounting period. A multishifl basis ma}' be used if it can be shown thai this amounl of usage could normally be expecled for the type of facility involved, (4) "Costs of idle facllitics or idle capacity" means costs such BB maintenance, repair, housing, renl. and other related cosL~; e.g., property laxes, insurance, and depreciation or use allowances. b. The costs of idle facilibies are unallo\~able except to the exlcnt thOlt: (1) The}' arc unneces~ary \0 meet nuctualions in workload: or (2) Although not necessary 10 meet nuctuations in workload. they were nr.cessary when acquired and are now idle because of changes in program requirements, efforts to achieve more economical opera lions. reorganiz.a tion, termina tion, or other causes which conld not have been reasonably foreseen. (:nder the exception slated in this subparagraph, cosls of idle facilities arc ullowable for a reasonable period of time, ordinarily not to exceed one year. depending upon the initia tive taken to use. lease, or dispose of such facilities [but see paragraphs 47.b. and d.). c. The costs of idle capacity are normal costs of doing business and arc a factor in the normal nuctuations of usage or indirect cost ra tes from period to period. Such costs are allowable. provided the capacity i8 reasonably anticijlated to be necessary or was originally reasonable and is scbject to reduct:nn or elimination by subletting. renting. or sale, in accordance with sound business. economit:s. or security practices. Widespread idle r.apac.ity throughout an enl:re lacilily or amons a group of assets havir." substantially the same function may be idie facilities. ' 17. hrl'!;;.=ndcnt rescC1(Ch and dovE;lopmenl lReser....~cl\. . 18. Insurance and indemni{icclior.. I a. Insurance includes insu~ance which the organization is required to carry. or which is approved, under the terms of the "ward and any other insurance which the organization maintains in connection with the general conduct of its operations, Thi~ paragraph does not apply to insurance which represents fringe bent>fits for emr10yees (zee pa:-agraph 6.1. and 6.g.(2)). (1) Costs of im:lrance r~quired or ar-proved. and maintained.. pursuant to the award arc allowable. (Z) Costs of olher inslJrance maint:oined b\' the orgQnization in connection wilh the . general conduct of its opel'aljons are ullowable subject to the following limita lions. (a) Typp.s and extent of coverage shall be in accordance with sound business praclice and the rates and premiums shall be rp.asonnbie under the cir;:;umstance~. [bl Cnsl3 Allowed for business interruption or olher similar insurance shall be limited 10 " . f \ I Office of Management and Budget Circular A-122 (6/27/80) ~xclude coverage of m<lnagem~nt fr.r.~. (e) Cosls of insurance or of any pr<"),,;~icn5 for a reserve covering the risk of loss or d~I1lBge to Government propcrly are allowablc only 10 the !'xtcntthal Ihe orl!~nization i~ Iinhle for such los~ OJ" d~maC!I~. IJ) Provisions for 8 reserve unJer a ~elf- insurar,ce prr.STam err. allowablr. to the exlentlhat types of coverage. cxt"n! of covera'ge. rn!e8. ahd premiums woule! have been allowed had if'.surnnce been pllrl;hased 10 ClJv.:r the risks. Howcver, provision for r.nnwn or reasonably estimated sr.lf-i;1~ured liabilities. which do noi become paya1>ie for more thJn one year after the prnvisior: is made sholll:ot exceed the present vnlue of the liability. (e) Costs of insurance on the Ii'ves of trustees. officers. or other e;nployer.~ holrling positions of similar responsibilities ace allo....able only to the extent lhotlhe insurancerepresenls addiliona\ compensation (see pnragrllph 6]. The cost of such insurance when Ihe orga niza tion is identified as thc beneficiary is unallow;;ble. (3) Actual losses which could ho\'e been covered by permir.~ible insurance (throuc:h the purchase of insurar::;c or a self-insurance program) are unallowable unless expressly provided for in the awarrl. except: (a) Cosis incurred because of losses not covered under nomin<ll deductible insurance coverage provided in hoping with sound business practice are aIJowable. (b) Minor losses not coverr.d by insurance, such as spoilage, breakag~. and disappearance of supplies, which occur in the ordinary course of operations, are allowable. b. Indemnification includes securing the organiza lion against lia bilities to third persons and an)' other loss or damag'?. not compensated by insurlmce or otheJ"\'\'ise. The Government is obligated to indemnify the organization only to lhe extent expressly provided in the award. 19; Interest, fund raj.~jng. and investment management costs. a. Costs incurred for interest. on borrowed capital or temporary use of endowment fund~, however represented, are unallowable. b. Costs of organized fund raising. including financial campaigns. endowment drives, solicitation of gifts and bequests. and similar expenses incurred ;;olely to raise capital or oblain contributions are unallowable. c. Costs of invcstment eounsp.! und staff and similar expenses incurred solely to enhnnce income from Invcst:nenls ore unallowuble, d. Fund raising and investmcnt uctivilies shall be allocated an appropriate :,harp. of indirect costs under the conditions described in paragraph B of Alt<lchment A. 20. Labor relations costs. Costs incxrred in maintaining salisfactory re:ations be\'.-..een the organizulion and its employees,incluujn~ costs of labor muOlagemcnl r.omlOlillees. - employee publicotions. and other rclutec! activilies arc allowable. 21. Lasses on other awards. Anv excess of costs over income on any award ts u;1~Il?wable as a cost of eny other awaro.. TnlS meludes, but is not limited 10. the organization's contributed portion by reA~on of casl sharins lIgreemcnt3 or any underrecoveries through negotiation of lump sums for, or ceilings on, indir~ct co~ts. ~2. /l.faill!enance and repoir cost.s. C,~sts incum,d for ",~c~ssary maintenance, rcp~ir. (H upkeep cf bllildings IInd eqllir>ment (incl,aling Government pre-perty unless o:herwi~e provided for) which neither add 10 the permanent ,'alue of the property nor appreciably prclong its inlendeJ life, but ke~p it in an efficient operalbll conoilipn, are nll()wahle. Costs incurred for iT"pm,'emcnts whi(.h Add to the perm:lIlent value of Ihe buildings anu equipment or appreciably prolong their intended life shsll be trented as ca;:ilal exp!'ndil~res (~ee per:1gmph 13). 23. Mvterials and sllpplie.s. The cost~ of materials Ancl supplies nccessal1' 10 carry out nn nward are a!:()wable. Such cost~ should be charged atlheir actual prices after deducting all cash di~:counts, lrode disr:ounts, rebales, and llllowances recei'/ed 1>y the orsaniz:!lion. VVilhdr-awals from genelaJ stores or stockrooms should be charged at cosl under anj' recognized method of pricing consistently applied. Incoming transportation charges Inay be a proper part of m:Jleriul cost. Materials and supplies chargcrJ'as a dir(:ct cost should include only the D1nlerials and supplies actually used lor the performance of the contract or grant. llr.d oue credit should be given for ony exce~s materials or supplies retained, or return"d 10 vendors. 24. Meetings, conferences. a. Costs associated with the conducl of meetings. and conferences. and include the cost of renting facilities. men Is. speakers' fees, and the like. But see paragraph 12, Enter!ainment costs, and paragraph 29. Participant suppcrt costs. b. To the extent that these CQsts are identifiable with a particular cost objeclive. they should be charged to that objective. (See paragraph B. of Attachmenl A.) These costs are ailowable provided that they meetlh,. general tests of allowa 1>le. shown in Attachment A to Ihis Circular. c. Costs of meetings ar:d conferences held to conduct the general administration of the organization are allowable. 25. Memberships, subscrIptions, and professional octiviil' costs. a. Costs of the organization's membership in civic. business, technical and profp.ssional or~aniza tions are allowa ble. b. Cosls of the organization's subscriptions to civic. business. professional. and technical periodicals are allowable. c. Cosls of allendancp. at meetings and conferences. sponsorcd by olhp.rs when the primary purpose is the d;sscmination of led:nicnl informa\ion. arc allowable. This inr.luJos costs of meals. tra'lsportali'cn. and .other itr.ms incidenlalto such atlend;!nce. 26. Orgonizotion costs. Ex~enditure~, such OlS incorpora:ion fees. brok['rs' j~~s, fees 10 promnlers. organizers or manage.nen: c(Jn~ultanls. atlome\'s. account;:mls, or Inve~tmont counsel~rs, wh('ther or not ~n~IJloyees of the organiza tion, in connection wilh esl<lblishment or reo~ganizalion of an orguniza lion. are unallowable except wilh prior appruvlll of the awarding agency. 2i. Ol'ertimc. ex/ro.pol' s/IlII. and I A-122:8 nlv/!Jshi.ti pn ~I/ivms. Premiums for o\erlim.,. ['xllil.pay shifls. and tn\lllishift wor\.. arc IILo\\'a\"1..: llniy wi:h lhe prior <<ppro'dl of :l:P lJ w,lrcJ~ng :~g("ncy e).,(;cpl: a. Whenlll;ce~sMY \0 cope with er.lc~ecnl:ics, such ::~ Ihose Icsulling fruOl u,,,,,i.,;:... natuJ;lI di~us\('rs. brea:"downs of r.1/l,ipn'~nl. or ('(;(::1si()n"l ol'erillinnnl klltlc~rcl.:s 01 iI sporudic nature. h \'\'l1c" e::lpioyees Arc perlurr.ling indirl:ct l"ncli')lIs such us ,nlministrutioll. n~;,lin!('nancr.. or oCl,;uunting. c. In the pl'rformililce of test~. lubnralory prlll'I:Jures. ur uther similar operations whic;n ore GO;.(:i1UO\lS in n.' ture and cannot reasrHl~~i:.. be inlcrr'lptcd or lllhcrwis'! COI11~I:~:!:.u. d. Whl'n IU\'llI" overull cost tu the (;o';crr.:lleDI will resull. 211. l';:gc c;horgc. in professional journals. PilllC cl.lITges for professional journal publica lions arc allowable as a necer.snry pari 01 resenrch cosls. where: a, The rese"rdl pupers report work sUl'pnrld ".I' the Go,'ernment: ond b. The c\;argcs nre levied impilrlill~ly on :i11 resl:art.h r;.Jpers published 1>.1' the journat. whelh'~r or nn~ by Government.sponsored authors. 2fl. l'r.rtiL.ipo!/t Slipport c.:>sts. Par~icipanl support cosls arc direct cosls for ih~ms such as stipend. or subsistence allowllnces, Ira vel nllowunr.es. "nu registration fees paid 10 or on behalf (Jf pnrticipants or troinees (but not emlJloycesj in connection with meetings, C(lnferences. symposia. or training projects. These cosls are allowable wilh the prior i1pproval of the awarding agency. 30. ruiCJ;t costs. a. Ccsts oi (i) preparing di.c:1osures, reporls, and olher dl1cumenls requirr.d by the aw;,rd :me of searching the arl to the extcnd necessary 10 make such disclosures, (ii) rrepuring documents and any olher palent costs ir. conneclion with the filing and prosec\llior. of a United statp.s p"lent ilpp1icnli'ln where title or rOYlllty-free HermsI' is reqllil':-d by the Governmen! to be cO:l\'cyed io the Government. and (iii) general counseling services rel<,ling to palell,and copyright nllltters, GUch as qOvice on paten) and copyright laws. regulations. clauses. ond employee e!:cc-cments arc allowable (bllt see pllr~graph 34). b Cust of pr~parin8 discloslJreS, reports. ,1nu other uocuments snd of searching the art 10 thr. exlent necp.ssory 10 make di~r.losurr.s, if nol reqt;:red by Ihe a ward, ue unallowable. Costs in connection with (I) filing and prosl:l;t;ting IIny foreign pa tent application. or (ii) any Uniled Stales potent ;,pplicalioOl, where the Award does not require conveying title or a royolty-frr.e license to the Government. are unr.IJowo\llc (also .ee paragroph 43). 31. Pension plans. See poragraph 6. g. 32. Plant sec::rity costs. Necessary exrcnst:s incurred 10 comply wilh Goverr:ment security requirements or for facilities proteclion. including wages, unilOlms, and equipment of personnel are Illlowilhle. 33. I'rcolI'ard costs. Preaward costs are those incurred prior to the effective date of lIlt! award direclly pursllont to the '. ~ . "\ I Office of Management and Budget Circular A-122 (6/27/80) ncgo\iotion ond in anlicipatinn of the 'Iward whl!Il' sULh costs is necessnry to comply wIlh ~he proposed delivery schedule or period of I'erlorm;,nce. Such costs fire allowable only 10 :he e:<tent that tln'y would hRve been ~i\o\\'ab\e if incurrcd nfter the dllte of the ~wlJr,l and only with the writlC'n Bpprovf,l nf lhl2 .~n\.'nrdiJlb ngcn~r. 34.l'mfcssional sen'ice costs. n. Costs of profC'~sional and consll1tnnt services rendereJ by persons who arc r.:,"'\l>ers of R particular profession or possess n sp~c:;al skill.anJ who arc not officers or t'~i,ioyees of the org~l1ization, arc a!lowable. subjcct 10 b. c, and d, of this p.;ragraph when Tf~dSlll;al)lc in r'Jation.to Ihe scrviCl~s renderC'd Rnd when nol contingentllpon "'I:OVCI"\' of the costs from the Government. b. In det~rming the allowabilily of r.osts in B particular case, rio single factor or any special combination of factors is necessarill' determinative. However, the following fodors are relevant: (1) The nature and scope of the service rendered in rela tion to the service required. (Z) The necessily of contracting for the service. cnnsidering the organization's capability in the particulnr area. (3) The past pattern of such costs. particularly in the years prior to Government awards. . (4) The impact of Government aWards on the organization's business [Le.. what new prohlems have arisen). (5) Vv-hether the proportion of Government work to the organization's total business is su,;h as to influence the organiza tion in favor of incurring the cost. parlicul!lrly where the services rendered are not of a continuing nature a"nd have little relationship to work under Government grants and contrllctS, (6) Whether the service can be performed more economically by direct emplo}'ment rather than contracting. (7) The qualifica tions of the individual or concern rendering the service and the custom>lry fees charged. especially on non- Government awards. (0) Adequacy of the contractual agreement for the service (e.g.. description of the service. estima teof time required, ra te of compen~ation, and termination provisions). c. In addition to the factors in paragraph b <Jbove, retiliner fees to the allowable must be Sllpported by evidenr.e of bona fide services a\'ailahle or rendered. d. Cost of lilgill. accounting, and consulting ~eT\'ices. and related costs incurred in conn~ctionwithdcfense of antitrust suits; and the prosecution of clai.:ns a8ainst the Go\'ernment. arc \lnilllowable. Cost~ of legal. ilc:;uunting und consulting services, and rclated cusls, incurred in connection with patent infringement litigation. organiz.ation und reorgn!1ization. are unallowable unless o.herwise prcovided fo;: in the aWRrd (but see parngraph 47e). 35. Profits ond losses on disposition of depreciable property or other capitol assets. a. (1) Gains and 10R~es on sale, retirement, or other disposition of ciepreciable property sho.:lI be included in the year in which they o~cur as cred:'~ or charges to cost grouping(s) in whfch the depreciation applicable to such property was included. The amount ~f the ~"in or loss to be inr.ludC'd as a credit or dwrge to the appropriate co~t ~rol1ping(s) sh..IJ be the di!fercnce between the amount rt,alized on the property and the undepreciated basis of the properly. (2) Gains and losses on the disposition of dl'f.reciable property shall not be recognized n~ II separate credit or charge under the foilowing conditions. la)The gain or loss is proces~cJ through Ii depreciation reserve accounl and is r(;nected in the Jepreciation allowatJle under pnrugropli 9. (1)) The property is !;iven in exchnngC' a~ pari of the purcha~e price of a similar ilem and Ihe gHin or loss is taken into lH;count in dC'ermining the deprecia lion cost basis ollhe new item. (cJ A loss re~ults from the fllilure to maintain permissible insurance. except 118 otherwise pn:rvided in ptlragraph 111.n.(3). (el) Compensation lor the use of the p/"CIperly was provided through use aJlowances in lieu of depreciation in occord,,"ce with paragraph 9. (e) Gains and losses arising from mass or C'xtraordinary sales. retirements. or other dispositions shall be considered on a cose. by'c8~e basis. b. Gains or losses of any nature arising from the sale or exchange of property other than the property covered in paragraph o. above ShllJl be excluded in computing award- costs. 35. Public informatiun sen'ice casts. a. Public information service costs include the costassociated'with pamphlets, news releases, and other forms of information services. Sur.h costs are normaJly incurred to: (1) Inform or Instruct indi\'iduuls. groups, or the general public. (2) Interest individuals or groups in participating in a ser"/ice program 01 the OIgsniz.ation. (3) Disseminate the results of sponsored and nonsponsored activities. b. Public information service costs are allowable as direct costs with the prior a~pro\'al of thp. awarding agency. Such costs ore unaJlowable as indirect costs. 37. Publication and printing cost!:. a. publication costs include the costs of printing (including the procl'~<es 'Of composition. plate-making, press work. binding, and the end products produced by s~ch processes). distribution. promotion, mailing. and general handling. b. If the~e costs are not identifiable with a particular cosl objective. IhC'y should be allocated as indirect costs to 811 bencfiting activities of the organization. c. Publication and printing costs are unailowable as direct Cosls except with the prior npproval of the awnrding Ilgency. d. The cost of page charges in journals is addressed pRragraph 26. 311. R.earrangement. and alteration costs. Costs incurred for ordinary or normal rr:arrangement and alteration of facilities arc allowable. Special a.rrangemenl and alteTlltion costs incurred specifically for the project are aJlowable with the prior approval of the awarding agency, 39. Reconversion Cosls. Costs incurred In the restoration or n:habllltation of the organlUltion's IndlltiCll to approximately the I A-122:9 same condition existing immediately prior to commencement of Government awards, fau- wear and tear excepted, are allowable. 40. Recruiting costs. The following recruiting costs are aJlowable: cost of "help wanted" advertising, operating cosls of an employment o[[ice, costs of operating an educntionaltesting program, travel expenses including lood and lodging of employees while engaged in recruiting personnel. travel costs of applicants for iotervicws for prospective employment, and relor.ation COSIS incurred incident to rccruilmenl of new employees (~ee paragruph 41c). \^,1here the organization uses employment agencies. costs not in exccss 01 standard commercial roles for ouch service~ are allownble. 41. Relocation cost.!;. a. Relocation costs are costs inciJenl to the permanent change of duty assignment (for an indefinite period or for 8 stated period of not less than 12 months) of an exiRting employee or upon recruitment of a new employee. Reloc.alion costs ore ullowublc. subject to the limitation described in parugraphs b, c, und d, below, provided that: (1) The mo\'e 10 for the benefit of the employer. (2) Reimbursement to the employee is in accordance with an established written policy consistently followed by the employer. (3) The reimbursement does not exceed the employee's actual [or reasonably estimated) expenses. b. Allowable relocation costs for current employees ore limited to the following: (1) The costs of transportation of the employee, members of his immediate fomily and his household, and personal effects to the new location. (2) The cosls of fmding a new home, such as advance trips by employees and spouses to 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.. and appraisal lees, incident to the disposition of the employee's lormer bome. These costs, logethcr with those described in (4) below, are limiled to 6 per cent of the'sales price of the employcc's lorm~ bome. '. (4) The continuing costs of owoership of the vacant former borne after the settlement or lease date of the employee's new permanent home. such as mainteoance of buildings and grounds (exclusive of fixing up expenses), utilities, taxes. and properly insurance, (S) Other necessary and reasonable expenses normaliy incident to reloc6 lion, such as the costs of cancelling an unexpired lease, disconnacting and reinstalling household appliances. aDd purchasing insurance again.t loss of or damages to personal property. The cost of caocelling an unexpired lease is limited to threa times the monthly rentaL c. AlJowable relocation cos16 for new employees are limited to those de.cribed in (1) and (2) of paragraph b. above. When relocation cost. incurred iocidenlto the recruitment of new employees have \>een alloweO eitber all a direct or iJHiired cosI and the employee Nl6igns lor reasons within his , ~ I I Office of Management and Budget Circular A-122 (6/27/80) control within 12 months aftcr hire, the organization shall refund or credit the Government for its share of the cosl. However, the costs of travcl to an overseas location shall be considered travcl costs in accordance with paragraph 50 and not relocation costs for the purpose of this paragraph Ii dcpendents are not permitted at the location for any reason und the costs do not include costs of transporting household goods.. . . d. The following costs related to relocation are unallowablc: (1) Fecs and other costs associ~led with acquiring a new home. (2) A loss on thc solc of a formcr home. (3) Continuing mortgflgc principal and interest payments on a home being sold. (4) Income .taxes pnid by fin employee rela ted to reimbursed reloco tion cos Is. 42. Rental costs. a. Subjcct to thc limitations describcr! in parng:aphs b. through d. of this paragraph, rcntal costs are allowable to the extent thai the rates arc reasonable in light of such factors as: rental costs of comparable property, if any: market conditions in the area: alternatives RvailalJle:and the type, life expectancy, condition, and value of the property leascd. b. Rental costs under sale and leaseback arrangements Rre sllowable only up 10 tbe amount that would be allowed had the organization continued to own thc property. c. Rental costs under less-than-length leases arc 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-anns-Iength lease is one under which one party to the lease agreement is able to control or substantially innuence the actions of the other. Such Icases include. but are not limited to those between (i) divisions of an organization; Iii) organlzations under c:ommon control througb common officers, directors, or members: and (iii) an organization Rnd a director, trustee. officer. or key p.mployee of the organi;:;ation or his immediate family either directly or through corpnrations, trusts. or similar arrangemenls in which lhey hold a controlling interest. d. Rental costs under lea&es which create a matcrial equity in the leased property are allowable only up to the amour:; that would be a!lowed had the organiza lion purr.hascd the property on the date the lease agreement was executed: e.g., depreciation or use allowances. maintenance, taxes, insurance but excluding interest expense &nd other unallowable costs. For this purpose. a ma terial equity in the properly exists if the lease in noncancelable or is cancelable on!, upon the occurrence of some remote . contingency and has one OT/1)Ore of the following characteristics: (1) The organization has the right to purchase the property for a price which at the beg;nning of the lease appears to be substantially less than the probable fair market value at the time it is permilted to purchase the property Icommonly called a lease with a bargain purchase option): IZ) Tille to the properly passes to the organization at some lime during or a[ler the lease period: (3) Thc term of the lease (initial term plus period, covered by bargain rcnewal options. l! 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 noyolties and other costs lor use 01 pOl "r ond 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 pcrformance of the award are allowable unlcss: (1) The Govcrnmcnt has a license or the right to free use of the putent or copyright. (2) Thc pa tent or copyright has bccn adjudicated to bc invalid, or has becn administralivelv dctermined to be invalid. (3) The paten't or copyright is considercd to be unenforceable. (4) The patent or copyright is expirnd. b. Special carc 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 corporations, affiliated with the organization. 12} Royalties paid to unaffiliated parties. including corpora tions, under an agreement entercd into in contemplation that a Government awerd would be made. (3) Royalties paid under an agreement entered into after an award is made to an organization. c. In any case involving a patent or copyright fonnerly owned by the organization, the amount o[ royalty allowed should not exceed the cost which would have been allowed had the organization retained title thereto. 44. Severance pol'. a. Severance pay, also commonly rcferred to as dismissal wages. is a payment in addition to regular salaries and wagcs. by organizations to workers whose employment is being terminated. Costs of severance pay are allowable only to the extent that in ear;h case. it is required by (i) law. (H) emploYllr- employee agreement, (iii) est'lblishcd policy tha \ con:;titutes. in effect. an implied agreement on the organi:-;ation's part. or (iv) circuJnsta:lces of the particular employmcnt. b. Ccsts of severanc:e p:Jyments are dividco into two catego:ies as foHews: (1) Actual normal trunover 6cvera::!ce payments shall be allocated to all ac:tivities: or. where the organization provides for a T(~~erve [or normal severanc'!s such melhod will be acceptable if the charge to current operali()ns is reasona1:,le in !iSht of payments actua]!y made [or nor::aal sevp.rances over a representative past period, and if amount~ ch;;rged are allocated to all activilies of the organization. (2) Abnormal or mass severancc PLlY is of such a conjectural nature that measurement of costs by means of an accrual will net <;chieve equity to both parties. Thus. accruals [or this pu'pose are not allowable. Howevcr, the GovernmEnt recogni7.e~ i~s oblit;ation to participate to the extent of its [air sharc, in any spccific payment. Thus. allowability will be considcred on B casc-by.case basis in the even I ofnccurrenc:e. 45. Speeioli.~ed ser.'ice laeilities. a. The costs of serviccs provided by hi~hly A-122:10 complex or ~pecialized [acilitics operated by the organization. Ruch as elcctronic computers and wind tunnels, are allowable provided the charges for the services meet the conditions of either b. or c. of this paragraph and, in addition, take into account any items of income or Federal financing that qualify as applicable credits undcr paragraph A.S. o[ Attachment A. b. The cosls o[ such services, when material. must be chargcd directly to applicablc lIwards based on actual usage of the services on lhe basis of a schcdulc of rates or established methodology thai (i) does not discriminate against fedcrally supported activities of the organization, including usage by the organization for internal purposcs, and Iii] is designed to recover only tile aggregate costs of.lhe service6. The costs of each scrvice shull consist normally of both its direct costs Hnd its allocable share of all indircr.t COSIS. Advance agrecmcnts pursuant to parugraph A.5. of Attuchment A arc particularly important in this situation. c. Where the costs incurred for a service Rre not material. they may be allocatcd as Indirect cosls. 40. Taxes. a. In general. taxes which the organization :s required to pay and whi:;h are paid or .accrued inaccordunce with generally acceptcd accounting principles, and payments mode \0 local governments in lieu of taxes which are commensurate wHh the local government scrvices received are allowable, except [or (i) taxcs from which exemptions are available to the organizalion directi\' or which are availiJble to the organj~ation based on an c:>.emplion affordcd the Government and in the lallcr case when the awarding agency make~ available the np.ceEsary exe!:'1;Jlion certificatcs. (ii) s;Jccial aSGessmen!s on land which represent capital improvements. and [iii) Fcderal income laxes. b. Any refund of t~.xe6, and any pnymenl 10 lhe organization of inleresltherc()n. which were allowed as award costs, w!'.1 be creuilcd either as a cost reduction or ca~h refund. as appropriate. to the Governmcnt. 47. Termillution costs. Terminali6n of awaros gcnerally give ris. to the il'lcurrellce of cost~. Qr the neer:l for special trenlmen\ of cosls. which would not havc ariscn had the award not been terminated. Cosl principles C')vering thesc items are set forth below. They are to bc uSlld in conjunction with the 'other provisio:1s of this Circul'Jr in tcrmination situations. R. Common items. The cu~t of items reusanalJly usable on the organizalion's ether work shall not bc a!lowablc unless the org;H~izalion submits evidence that it would not rctain such itcms at cost without suslaining a loss. In deciding whether such itcms are reasonnbly usable on other work of the organization, thc awaruil:g agency shuuid con.siucr the organization's plans and urders for current and schedulcd activily. Contemporaneous purchases of common itcms by the organization shull be regarded as evidence that such itcms are reasonably u5uble on lhe organization's othcr work. Any ac.ccpl'Joce o[ common items <is allocable to the tcrminated portion of the award shall be limiled to Ihe cxtcntthallhe q\lunlili"s or ... . " I 'I · Offlcl3 of Management and Budget Circular A-122 (6/27/80) such items on hand. in transit. and on order are in exc~s of the reasonable quantitative requirements of other work.. b. CosLs continuing after lennination. U in a paniculBr case, despite all reasonable efforts by the organization. certain costs cannot be discontinued immediately alter the effective dale or termination. such cost.s are generally allowable within the limitations set forth in t.his CirculIlI. except that any such costs continuing alter termination due to the negligent or willful failW"1l of the organization to discontinue such costs shall be unalloweble. ' c. Lass of L'seful value. Loss o( useful value o( special tooling, mochinery and equipment wr.>:h was not charged to tbe eWllId as a ca".ial !:xpenditure is generally allowable if. i: , Such special tooling, mac!Jinery, or eq, '.pOlent is not rellsonably capable of use in UF, .,; tber work oC the orgeniz..a tion. (::) The intcrest o( the Government is ;J:r Jr:t?d by transfer of title or "y other mr-:lrlsdeemed appropriate by the awarding a'~' r.cy; ",i. Rental cosLs. Rental costs under u;-:l~xpired leases are generally allowable .... ~'cre clearly shown to have been fl..,~onllbly necessary (or the performance or If~:-: terminated award less tbe residual value 0:' such leases. if (i) the amOU:lt of such rental ci..imed does not exceed the reasonable use va be of the property leased for the period of tb aw~rd and such further ~riod as may be re.:.ll)l:,:ble, and (ii) the orgllnization makes all reasonable efforts to terminate. assign. settle. or otherwise reduce the cost of such lease. There also mev be included the cost or elters tions or such le'ased property. provided such al:erations were necessary for the performance o{ the award. and of reasonable restor;;tion required by the provisions of the lease. e. Seulement eXpenS8!!. Set'Jement expenses including the following al"l' genE'rally allowable: (1) Accounting. legaL clerical. and similar costs reasonably nec~ssary for: (a) The preparation and presentation to awardins agency of settlement claims and supponing data with respect to the termina ted portion oC the award. unless the termination is for default. (See parugraph 4.a. of Attachmcnt L OMB Orcular No. A-llO; and (0) The termination aDd settlement of subawarW. (2) Reasonable costE for the storage. transportation. protection. and disposition of property provided by the Government or acquired or produced for the aware: except when grantees are reimbursed for disposals at a predetermined amolUlt in accordan~ with Attachment N oC OMB Circular A-ll0. (3) Indirect costs related to s<llaries and wages in~d as settlement expenSe1l in subparagraphs (1) and (2) of this paragraph. Nonnally. such indin!c1 cost.s shall be limited to fringe beneIil". occupancy cosL and immediate supervision. !. Claims lmder subowards. Claims under subaward.. including the allocable portion oC claim. whic.h are common to the award. and to other work of the organiz..a tion are generslly allowable. An appropriate .hare of tha organization's indirect expense may be allocated to the amount o{ settlemenls with subcontractor! .ubgranteel; provided that the amount allocated is otherwise consistent with the basic guidelines contained in Attachment A. The indirect expense so allocated shall exclude the same and similar costs claimed directly or indirectly as .ettlement expenses. 48. Training and educotion C061.s. a. Cost.s of preparation a.nd maintenance oC a program of instruction including but not limited to on-the-job. classroom. and apprenticeship training. designed to increas.e tha vocational efiectivenen of employees, including training materials, textbook.s, ularies or wages of trainees (excluding overtime compenution which might ari~ therefrom), and [i) salaries of the director of training and stall when the training program is. conductt<d by the organization; or (ii) tuition and fees when tha training is in an institution 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. are allowable only when the coune or degree punued is relative to the field in which the employee i. now working or may reasonably be expected to work. and are limited to: (1) Training material.a. (2) Textbooks. '(3) Fees charges by the tl<incatiollal institution. (4) Tuition charged by the educational inlltitution. or in lieu or tuition. instructon' salaries and the related share of indirect costs of the educational i=titution to the extent that the sum thereof is not in excess of the tuition which would have ben paid to the participating educational institution. (5) Saiaries and related costs of instructors who are employees of th" organizatioa.. (6) Straight-time cOmpllnS.lltion o{ each employee for time spent attending clas8M during working hours not in exces8 ol156 hours per year and only to the extent that circumstances do not permit the operation of classes or attendance at classes after ~ working hours: otherwise suc.h compeIlBation is unallowable. e. C"sts of tuition. fees. trainbg materials. and textbooks (but not subsistence. salar)', or any other emoluments) in connection with full-time education. including that provided at the organization's own {ac:ilities.. at a postgraduate (but not undergraduate) college leveL are allowable onlv when the coune or degree punued is relate'd to the field in wh.ic.h the employee is now working or may reasonably be expected to work. aod only wbere the co~ts receive the prior approval of the awarding agency. Such costs are limited to the costs attributable 10 a total period not to exceed ooe school year for each employee so trained. In unusual cases the period !Day be extended. d. Costs of attendance oC up to 16 week..s per employee per year a t specialized program. specifically designed to enhance the elfecti veness of exe-cutives or ma=gen or to prepare employees for suo positions are allowable. Such costs include enrollment i'l A-122:11 fees. training materials, textbooks and related charges. employee.' .alarie&. subsistence. and traveL Cosu allowable under th.is paragraph do not include tho~ for courses that are part of a degree-oriented curricwum. which are allowable only 10 the extent set forth in b. and e. above. e. Maintenance experule. and normal depreciation or fair rental on facilities owned or leased by the ol1laniz.ation for training purposes are allowable to the extent set fortb in paragraphs 9,22. and 42- r. Cuntributions or donations to educational or training institutions. including tl:e donation o{ facilities or other properties. and 8cholanhip~ or fellowships, are unallowable. g. Training and education costB in eXCC88 of those otherwise allowable under paragraphs ...b. and c. o( thi~ paragraph may be allowed wilh prior approval oCthe awa.rding agency. To be considered for approval. the organization must demonstrate that such costs are consistently incurred pursuant to an established training and education program, and that the COur:le or degree pur:lued is rela tive to the field in which the employee is now working or may rea~oncbly be expected 10 woryw 49. Transportation casts. Transponatlon costs include freighL express, cartage. and postage charges relating either to goods p\lrchased. in process, or delivered. These' costs are allowable. When suc.h costs can readily be identified with the itelIUl involved. they may be directly charged as transportation cosl" or added to !..he cost of such items (see paragruph 23). Where identification with the materials received cannot readfly be made. trarulportat1oD costs may be charged to the a.ppropriate indirect cost accounts if the organization follows a consistenL equitable procedure in this re~pe~L 50. Travel cosLs. a. Tra vel costs are the expenses for transportation. lodging. subsistence. and related items incurred by employees who are in tra vel staM on official business of the organizRtion. Travel costs are allowable subject to paragraphs b. iliro\).gh e, below, when Ihey are ~ectJy attributaole to specific work under an award or.are irlCWTe<i in the normal course of administration o{ tha orga niza tion. b. Such C08ts may be charged on an actual bosis. on a per diem or mileage basis in lieu of actual costs incurred. or on a combination of the tWo. proTided the method used resulu in charges consistent with tho~' normally allowed by the organiza tion in its regular opera tions. e. The diIference in cost between first-class air acco=odations and less than first-class air accommodations is unallowable except when less than first-class air accolIunoda tiOOll a.--e not reasona bl)' available to meet necessary mission requirements. such as where less than first. c1sss accommodations would (i) require circuitous routing. (ill requin! travel during unreasonable hours. [iB) greatly increase the duration' of the Dight. (iv) result in additional costs which would offset the transDorlatJon s8vir.gs. or [v) offer Ilccommodotio'ns which 'I , L- . .. ~. . )fflce of Management and Budget Circular A-122 (6/27/80) ,re not reasonably adequate for the meilical l~dB of the trBvelef'. d; NeceseaI')' and rouonabtecoBts oC amily movements and penonnel movements of a spedal or ma81 nature are allowable... ~unuant to paragrupha 40 and 41. subject to ,!location on the basis of work or time period ler.elited when appropriate. Advance 3greements are particularly importanl e. Directchargea for foreign travel costs are dlowable only when the travel bas received :Jnor approval of .the awarding agency. Each -cparate foreign trip must be approved. For Jurposes of thia provision. foreign Ira vol is jelined as any travel oul1lide of Canada and :~e Unitcd States and its tenitories and Dossessions. However, for an organization ,ocaled in foreign countries. the term "foreign :ravel"' means travel outside that country. :Circular,No. A-l22} Allachment C :-<onproflt Organizations not Subject to this C~w Aerospace Corporation. EI Segundo, California AI60nne Universities Association. Chicago. Iliinois Associated Universities'. Incorporated. Washington. D.C. Associated Universities for Research and Astronomy, Tucson. Arizona Atomic Casualty Commission. Washington. D.C. Baile!le Memorial Institute. HeadquliI'tered in Columbus. Ohio Brookhaven National Laboratory, Upton. New York Center for Energy and Environmental Research lCEER). (University of Puerto Rico) Commonwealth of Puerto Rico. Charles Sta;k Draper Laboratory, Incorporated Cambridge. Massachusetts. Comparative Animal Research Laboratory (CARL) (university of Tennessee), Oakridge. TenJ1e~6~e i::1\'ironmental Institute of Mjcbigan. Ann Arbor. Michigan !-lar.ford Environmental Health Foundation. Richland. Washington L'T R~searchbslitute. Chicago. minois ln~\itute for Defense AnnlY1iis. Arlington. Vi16inia bstilute of Gas Technology, Chicago. Illinois Midwest Research lnstitute. Headquanered in Kilnsas City, lvussouri }..!ilre Corporation. Bedford. Massachusetts Montana Energy Research and Development Institute.lnc~ (MERDI). Butte. Montana ~ationaJ Radiological Astronomy Observatory. Green Bank. West Virginia Oakriage Associated Universities. Oak.idge, Tennessee Project Management Corporation. Oakridgc.. Tennessee Raoa Corporation. Santa Monica. California Research Triangle bslitute. Researc.h Triangle Park. North Carolina Riverside Research lrultitute. New York. New York Sandia Corporation. Albuquerque. New \,Ir>Y:r:n Southern Rellearch Institute. Birm.ingham. Alabama Southwest Research lnatitute... San Anton.lo.. Texas SRI International Menlo Park. CallIomJa Syracuse Reaearch Corporation. S)'TBCla8. New Yorlc Universities Research Association. Incorporated [National Acceleration Lab), Argonne. Dlinois Univer-sitles Corporation for Atmospheric Research. Boulder. Colorado Nonprofit Insurance Companies roch as Blue Cross and Blue Shield Organizations Other nonprofit organizations as negotiated with awarding ugencies. [fR Ooc,eo-:lO:7O nlod '-7~ a:4S ''''1 ~ CODE 311~1401 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 organiza lions, (45 FR 46022, July 8. 1960). FOR FURTHER INFORMATION CONTACT: Palmer Marcantonio, Financial Management Branch, Office of Mlmagement and Budget. Washington. D.C. 205D3. (202) 395-4773. . Page 46022, column 2 the second Paragraph 1, change Paragraph 5 "Compensation for Personnel Services" to Paragraph 6. . Page 46022. column 2 tbe second Paragraph 2, change Paragraph 6 "Conti:l.gencies" to Paragraph 7. . Page 46022, column 3: Paragraph 4, change Paragraph 31, "Equipment and Other Capital Expenditures" to Paragraph 13. . Paragraph 5, change Paragraph 26 "Meetings" to Paragraph 24.. . Paragraph 6, change Paragraph 27. "Organization Costs" to Paragraph'26. . Paragraph 7, change. Paragraph 30 "Page charges in Professtional Journals" to Paragraph 28. . Paragraph 8, change paragraph 37 "Public lnforma tion Service Costs" to Paragraph 36. . Paragraph 9. change Paragraph 43 "Rental Costs" to Paragraph 42. . Paragraph 9a: in the fourth line. add "up" between the words "only" and "\0": in the sixth line change "they" to "it". . Paragraph 10, change Paragraph 51 "Tr:!\'r~1 rns!s" In P:lr:l('!';]!1h r,n. -- --.1- A-122:12 . Page 46024, column 3 Paragraph 4(a)[2) after "benefits received" add ": or", . Page 46025, column 1 Paragroph n3, change the reference, "Paragraph 21 of Attachment B" to "Paragraph 19 of Allachment n." . Page 46026, calumn 1 Paragraph 4a.iiL in the sixth line, change "direct cost" to "direct costs:' . Page 46026, column 2 Paragraph Ele, change "e'stablishment of a rate" to "establishment of a final rate:' . Page 46026, column 3 Paragroph E2b, in the third line add the following afler "a Federalllgency shall"-"submit its initial indirect cost proposal immediately." . Page 4(;(127, column 3 Parllgraph '. (3)[ a). change "workmen's compensation" to "workerF' compensation." . Page 46028, column 1 Paragraph Of3(b). (the second line of colwnn 1) chunge "Workmen's compensation" to "workers' compensation." . Page 4(j()30, -column 3, paragraph 24b., the sixth line. change "allowable" to "allowability". Doniel F. Monn, Budget and Management Officer. iFR Doc. I!1-'107J Flied J-llHll' /,:45 oml BILLING COOE J'l~'-M Circular A-122, "Cost Principles for Nonprofit Organizations" Carrectian In FR Doc. 81-20270. appearing at page 45022 in the issue of Tuesday, July 0, 1900, the following changes should be made: 1. On page 46024. column three, tbe second sentence in paragraph "'A.5.b. should read. "Specificllllly, the concept of netting such credit items against' related expenditures should be applied by the organiza tion in determining the rates or amounts to be charged to Federal awards Tor services rendered whenever the facilities or other resources used in providing such services have been financed directly. in whole or in part, by Federal funds:' 2. On page 45024, colwnn three, the second complete sentence in paragraph A.6. 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 trea ted as an indirect cost for reasons of practicality where the accounting treatment for such cost is consistently nrr!!..d tn 011 finlll Gosl nhier.tives." ':-11 .' '1 ~' " . " 'Office'ot Management and Budget Circular A-122 (6/27/80) 4. On page 46025, column one, paragraph B.4.f. should read, "f. Administration of group benefits on behalf of members or clients including life and hospital insurance, annuity or retirement plans, financial aid, etc." 5. On page 46025, column two, the fir~t sentence in paragraph D.l.e. should read, "The base period for the alloca tion of indirect costs is the period in which such costs are incurred and accl,lmula ted for allocation to work performed in that period." O. On puge 46020, column one, the second sentence in paragraph D.3.d should read, "The cosls in the common pool shall then be distributed to individual awards included in that function by use of a single indirect cost ra te." 7. On page 46020, column one, the first sentence in puragraph D.3.e. should read, "The distribution based used in computing the indirect cost rate for each function may be lotal direct costs (excluding capital expenditures and other distorting items such as major subcontracts and subgrants), direct :;aluries and wages, or o,ther base which results in an equitable distribution." 8. On page 40020, column one, the first and second sentences in paragraph D.4.a. should read, "Some nonprofit organizations treat all costs as direct costs except general administration and general expenses. These organizations' generally separa te their cos ts in to three basic cate!!ories:. . .... 9. On page 46020. the last sentence in column one (extending to column two). in paragraph D.S. should read, "The factors may include the physical 10ca tion of the work, the level of administra tive support required. the nature of the facilities or other resources employed. the scientific disciplines or technical skills involved, the organizn liona] arrangements used, or any combination thereof." 10. On page 46026. column three, paragraph E.2.i. should read, "i. To the extent that problems arc encountered amol18 the Federal agencies in connection with the negotia tion and approval process, the Office of Management and Budget will lend assistance as required to resolve such problems in a limely manner." 11. On page 46030, column one. the introductory text of paragraph 16.0. and parugraph 10.b.(l) should read. "b. The cosls of idle facilities are unallowable except to the extent that: (1) They lire necessary to meet Ductua tions in workloads: or". 12. On page 45030. column one. the second sentence in paragraph 16.c. should read, "Such costs are allowable, provided the capacity is reasonably antir:ipated to be necessary or WIIS originally reasonable and is nol subject to reduction or elimination by subletting, renling, 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 to be allowable must be supported by evidence of bona fide services a vailable or rendered." !J'LUNO COOE 150~1-M -, - '; A-122:13 '\ ..