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AGREEMENT FUNDED UNDER THE CLEARWATER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (2) { If I I 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 YOUNG WOMEN'S CHRISTAIN ASSOCIATION OF ST. PETERSBURG, FLORIDA, further identified in Appendix A, hereinafter referred to as the "PSA" , and included the Appendices attached hereto. WHEREAS, the City has agreed with the United States Department of Housing and Urban Development to conduct a Community Development Program, hereinafter referred to as the "Program", with federal financial assistance under Title I of the Housing and Community Development Act of 1974, as amended, hereinafter called the "Act", and WHEREAS, the City of Clearwater Planning & Development Department, hereinafter called the "Department", will act in behalf of the City in conducting the Program, and WHEREAS, the PSA provides a program as identified in Appendix A of benefit to low and moderate income residents within the City of Clearwater and proposes to perform the work and carry out the specific services as identified in Appendix A hereinafter referred to as the "Project", and desires federal financial assistance through the City to effect this proposal, and WHEREAS, the City finds the project to be meritorious and in fulfillment of the purposes of the Act; THEREFORE. the parties agree as follows: 1. The PSA shall, in a satisfactory and proper manner as determined by the Department, conduct the Project outlined in Appendix A. 2. The term of this agreement shall commence on October I, 1989, and terminate on September 30, 1990, unless earlier cancelled as provided herein. The agreement may be extended for up to one additional year upon the request of the PSA and the written authorization of the City Community Development Manager. The need and merit shall be at the determination of the Manager. The Department may issue written or oral instructions to clarify any other details or provisions of this Agreement. Such instruction must be within the intent of the project and not be of such nature to affect cost or period of performance. 3. The City representative with the PSA as regards conduct of services under this contract shall be the Community Development Manager and the PSA's services shall be carried out under the supervision of the Agent as identified in Appendix A. 4. The PSA shall not exceed its budgeted amount and shall use the funds in accordance with the award to be paid with Community Development Funds included in Appendix B. Funds shall not be obligated when payment has been suspended or terminated pursuant to paragraph 19 hereof. Any 'funds which the Department determines were not properly expended shall be refunded to the City. 5. The PSA shall comply with the provisions of OMB Circular A-lID. 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 -co C I') ,"" ~.J' ( ., I I . PSA shall permit the City to audit the PSA's financial operation including but not limited to compliance with applicable provisions of Federal law and regulations. All PSA financial records relating to the Project are subject to review by the City. 6. All subcontractors under this agreement shall be approved by the City. 7. All purchases of consumable, capital equipment and services shall be in conformity with the Procurement Standards set forth in OMB Circular A-llO, 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, youchers, 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 (E) 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 CODDnunity 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 or immediately upon termination of this agreement, the PSA shall submit in a Property Report a physical inventory of all property purchased with Community Development Funds. The report shall also contain a verification of the existence and current used and location of the property, and, if applicable, the continued need for the property. No real or personal property or custody thereof purchased with such funds shall be disposed of, transferred, assigned, or loaned by the PSA without prior written consent of the City. 11. For any real property under the PSA's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 must; (1) Be used to meet one of the national objectives in Section 570.901 until five years after expiration of the agreement, or for such longer period of time as determined to be appropriate by the City; or (2) Disposed of in a manner that results in the recipient's being reimbursed in the amount of the current fair market value of the property less any portion of the valued attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. (Reimbursement is not required after the period of time specified in paragraph (b)(8)(i) of Section 570.503..~ 12. Nothing in this agreement shall be construed to permit invasion of the privacy of individuals who are served by the project, nor shall this agreement be construed to require the PSA to publish or release information to third parties which would invade the privacy of such individuals. Information obtained by the Department as required by this agreement shall not be used or disclosed in such a way as to invade individual privacy and client relationships, unless Florida law pertaining to public records requires disclosure of said information. 13. The PSA shall obtain prior written approval by addendum to this agreement for any of the following changes: a. Substantial changes in the project work plan. b. Changes in any budget line item. 14. The PSA agrees to fully participate in the implementation and maintenance of an evaluation system to continually monitor the project. This shall include, but not be limited to, quarterly (or more frequent) reports on progress toward the goals listed in Appendix A, periodic submission of data reports which will be used by the Department for inclusion in the Annual Grantee Performance Report, periodic monitoring visits by the Department for conformance with this agreement, and continuing assessments of performance hereunder. PSA agrees to comply with evaluation and information requirements of the Department. A final report shall be submitted by the PSA within 30 days after the end of the contract term. This final report shall consolidate reporting of all project participants. 15. PSA shall establish and maintain on an accrual basis an accounting system in accordance with the Standards of Grantee Financial Management System as set forth in OMB Circular A-lID 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-lID or its successor. PSA agrees to modify or correct said systems in accordance with he City's requirements. PSA 10/1/89 .,] ~, 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 representatiyes of the Comptroller General of the United States, or other federal agency, may deem reasonably necessary. Such records shall be retained for such period as required by applicable laws and regulations and may thereafter be destroyed only with the prior written approval of the City. Such records shall include financial records, audits, supporting documents, statistical reports and client files. PSAwill comply with such additional requirements as to maintenance of records as the City may request in writing. In the event the PSA cannot continue to be responsible for maintenance of the records, then the City shall be so notified in order to take custody of the records. The city may, at any time, on written notice to the PSA take custody of any and all records established under this Agreement. 17. The PSA shall hold and save the City, its officers, agents, and employees harmless from liability of any nature or kind, including costs and expenses, for or on account of any suits or damages of any character whatsoever resulting from injuries or damages sustained by any persons or property resulting in whole or in part from the negligent performance or omission of any employee, agent or representative of the PSA. 18. The PSA shall not assign any interest in this Agreement without the prior written consent of the City. 19. The City may suspend, withhold, or terminate payment of the project, in 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 HUD. 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 unayailability of HOD funds necessary for continuation. Convenience shall be according to the regulations in 24 CFR 85.43 and 85.44. whole or in a. b. c. d. e. f. g. 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 eyery 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 t , '- I I national origin, or sex. Nor shall any participant be excluded from participation in, be denied of, or be subjected to discrimination under any program of activity funded in whole or in part with Community Development Funds because of race, color, national origin or sex, as set forth in Other Program Requirements in Appendix D, (CFR 570.601). 22. No resources provided through this Agreement shall be used to have the primary effect of advancing religion, nor shall any goods or services provided through this Agreement be provided in a pervasively sectarian manner, as required by the First Amendment of the Constitution of the United States. All activity under this Agreement shall be consistent with specific conditions for religious organizations as established by the United States Department of Housing and Urban Development. 23. The PSA will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other identifiable ties. Prior to requesting any continued project funding beyond the term covered by this Agreement or for a new public services not covered by this Agreement, the PSA shall attempt to secure other local, state or federal funding and/or private funding for such project. The PSA will not as a result of receiving funding for the Project reduce its support for other similar services already being provided by the PSA in the area of its operation, and will, in fact, affirmatively seek additional assistance and support from other sources for increasing services where needs demand such increase. The PSA will not use these funds for publicity or propaganda purposes designed to support or defeat legislation pending before federal, state or local governments. 24. The PSA shall comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, and the 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; HOD Implementation of the Lead-Based Paint Poisoning Prevention Act; Clean Air Act; Historic Preservation Requirements of P.L. 89-656 Archeological and Historic Preservation Act of 1974; Executive Order 11593; Architectural Barriers Act of 1968; Hatch Act; Federal Water Pollution Control Act; Federal Labor Standards provisions and the Davis-Bacon Act; The Civil Rights Act of 1964; National Flood Insurance Program; PSA 10/1/89 5 r I I all as amended from time to time and in effect during the term this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first above written. YOUNG WOMEN'S CHRISTION ASSOCIATION OF ST. PETERSBURG, FLORIDA, By a-~ ~ President ATTEST: *?L/f ~ Secretary CITY OF CLEARWATER, FLORIDA --a /Y. -zJlL- Ron .H ,,, Rabun " 'C~t..Y MaI;l.ager -' By Rita Garvey Mayor-Commissioner ATTEST: Approved as to form & correctness: /;--Cynctie G"oud~3~"-': .......:,~i~~_ _~~~l;k~ .'.~"::-/ -' , - ... -- ~~ PSA 10/1/89 6 ~~ ~ I I , f Agency: YWCA of St. Petersburg Year: 1989 - 1990 APPENDIX A Identification of ARencv and Suecific Services to be Provided AGENCY Name: Young Women's Christian Association of St. Petersburg, Florida Legal classification: A non-profit corporation organized and existing under the laws of the State of Florida. Principal Office: 655 Second Avenue South, St. Petersburg, Florida 33701 Mailing Address: 814 Franklin Street, Clearwater, FL 34616 Agent: Gwen Reese-Peaten, Program Director 813-461-2997 PROGRAM OF AGENCY The YWCA is a multi-purpose human service agency providing a variety of educational, developmental, and social services for all ages, races, and religious backgrounds. The Project H.E.L.P. (Health, Education and Life Skills for Pregnant Adolescents). Program provides coordination for delivery of health education and sociaJ, services to pregnant adolescents in Pinellas County, especially remediation and tutorial work to pregnant and parenting adolescents who have dropped out of school or who have been identified as potential dropouts. It provides services to the adolescent, to the infant and to the putative father. It provides educational activities addressing responsible sexuality and parenting. SPECIFIC SERVICES TO BE PROVIDED URDER THIS AGREEMENT Provide plumbing for hot and cold water to the nursery. Proyide for "hook-up" of a washer and dryer. Provide such other building improvements as are needed and are possible within the available funding. SCHEDULE Improvements will begin no later than the later of November 1, 1989, or 1 month after the full execution of this Agreement. The improvements will be completed within 2 months of the beginning of the improvements, unless extended by written authorization of the City Community Development Manager. " I I ~ Agency: YWCA of St. Petersburli{ Year: 1989 - 1990 APPENDIX B Proiect Award Facility improvement support of up to $2,500.00 will be proYided. TOTAL $ 2,500.00 II 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 Quarterly. Fees collected, if any, shall be reported but are not to be construed as program income. Requests for reimbursement shall not be reduced by any program income received. " . '" -.'; ..i-,. '!<.~ t.. " subpart K-0lher Program Requlremenls I 570.&00 G,,~ral (u) Seclion l04(b) t' the Act provides thot an)' grant under tieclion 106 of Ihe Acl shall be fr. .c' nly if the grantee certifies 'to the slItisfoction of the Secreta'ry, among other things, lhallhe grgnl "wilf lie.conducted and administered in conformity wilh Pub. L M-352 and Pub. L. 90-264," and, further. thai the granlee "will comply with Ihe olher provisions of Ihis litle and with other applicable laws," SeclioD l04(d)(l) of the Acl requires tha i the Secretary dt:lermine with respect 10 granls made pursuant to section l06(b) (Entillement Grants) and 106(d)(211B) (Hun- Administered Small Cilies Grants), al leasl on an annual basis, among other thing!. "whether the grantee has carried outlits] certificalions in compliance with the requirements and the primary objeclives of this title and with other applicable laws' . . ." Certain other statutes are expressly made applicable to Activities assisted under the Act by the Acl itself. while other laws not referred 10 in the Act may be applicable to such activities by their own lerms. Certain statutes or Executive Orders which may ue applicable 10 activities assisted under the Act by their own lerros are administered or enforced by guvernmenlal departroenu or agencies other than the Secretary or the Departmenl This Subpan K enumerates laws which the Secretary wiD treal as applicable to grants made under section 106 of the Acl, other thai! grants 10 \ APPENDIX D oTJe~' PROGRA}1 REQUIRE~ffiNTS States made pursuant 10 seclion l06(d) of the Act. for purposes of the determination! described above 10 be made by the Secrelary under section l04(d)ll) of Ihe Ac!. including slntules expressly made applicable hy the Act and certain other statutes IInd Executive Orders for which the Secrelary has enforcemenl responsibility. The absence of men lion herein of any other statute for which Ihe Secretary docs not have direct enforcement responsibility ie not intended to be loken as aD indication thllt, in the Secrelllry's opinion, such statute or Executive Order 15 not spplicable to octivilies assisted under the Act. for laws which the Secretary willlreat os applicable to gronte made 10 States under section 100(d) of the Act for purposes of the delermination required to be made by the Secretory pursuant to section l04[d)lZ) of the Acl, see ~ 570,496. [b) This Subparl also sets forth cenain additional program requirements which the Secretary has determined 10 be applicable to grants provided under the Act as a mailer of administrative dlsc~etion. (c) In addilion to granls made pursuant to section 100(b) and 100(d)(Z)(B) of Ihe Acl (Subparls D and F of this Pan. respecti)'ely), the requirements of this Subpart K are applicable to grants' made pursuanl to sections 107 and 119 of the Acl [Subparts E and G. respectively). ~ 570.601 Pub. L 8&-352 and Pub. L W- 284; Executive Order 1106:1- Section l04(b) of the Act provides thai any grant under section 100 of the Act shall be made onlv if the grantee ce'rtifies to the satisfaction of the Secretary that the grant "will be conducted and administered in conformity with Pub. L 88-352 and Pub. L. 90-284." Similarlv. sectioD 107 provides that no gr~rit may be made D-l .1 \ under thai .eclion (Secrelary'. Discretionary Fund) or section l1g (UDAG) without .atisfllctory assurances 10' the same dfec\. (a) "Pub. L ~5Z" refer. \0 Tille VI of the Civil R~hls Act of 1004 [U U.S.C. 2(XX><1 elleq.), which provides thai no person In the United States shall on the ground of race, color, or national origin, be excluded from ponicipntion In, be denied the benefits of. or be suujecled to discrimination under any program or sctlvity receiving Federal financial a,sistance. Section 502 of the Civil Rights Act of 1004 directs each Federal depnrtmenl and agency empowered 10 extend Federol financial assistance to any program or activity by way of grant \0 effectuate Ihe foregoing prohiuition by issuing rules, regulalions, or orders of generol applicability which shell be consistenl wilh schievement of the '. &Intute authoritill1l the financial assistance. HUO regulotlona implementing the requirements of Tille Vl with reepcctto HUD programs are. contained in 24 erR Parll. [b) "Pub. L 9O-ZM" refers to Tille VlIl of the Civil Righls Act of 1%8(42 U.S.C. 3U01 ~l Geq.). popularly known IlS Ihe Fair Housing Act. which provide! that it is the policy of the United States to provide. ",'ithin comtilulional limitations, for fair housing throughoul the United States and prohibits any penon from discriminating in Ihe sale or rental of housing, the financing of housing, or the provision of brokerage services. Including in any WilY making unavailable or denying a dwelling to any.penon. because of race, color, religion, sex. or national origin. Tille VIll further requires the Secretary to administer the programs and aClivities relating to housing and urban development In a manner affirmalively to further the purposes of Title VIII. Pursuanl to this statutory direction. the Secretary requires that grantees adminisler all programs and actiyities I related to housing nnd community developrnl!nt in e manner to affirmtltively lurther Illir housing. (c) Executive Order 11003. as amended by Executive Order 12259. directi the Deportment to toke all ;!ction necessary and appropriate 10 prevent discrimination because 01 race. color. religion (creed). sex. or national origin. in the sole. leasing. rental. or other disposilion 01 residentiul property Bnd reloted lacilities (including land 10 be developed lor residential use). or in the use or occupo ncy thereof. il such property ond relnted locilities nre. umong other things. provided in whole or in part with the aid 01 loans. advances. grants. or contributions f1Rrce\i.lo be mnde by the Federul Government. HUD rcgulutions implementing Excculive Ordcr 11003 are contained in 24 efR Pnrtl07. ~ 570.602 Secllon 109 of thl Act. (al Section 1~ 01 the Act requires that no person in the United Slales shall on the ground of rnce. color. national origin or sex. be excluded Irom participation in. be denied the benefits of. or be subjected to discrimination under. any program or activity lunded in whole or in part with community development lunds made available pursuant to the Al:1. For purposes 01 this seclion "program or activit"" is defined as any lunction conducled by an identifiable administralive unit 01 the recipient. or byony unit of governme~t. ~ubrecipienl. or private coniractor receiving cOffilOunit.y developmenl lunds or loans Irom the recipient. "Funded in whole or in part wilh communily develcpment Cunds" means that community development Cunds in a:1Y amQunt in the form oC grants OJ proceeds from HUD . guaranteed loans have beeD-.transferred by the recipient or B subrccipienl to an identifiable administrative unit and disbujsed in a program ~r activity. (b) Specific discriminator)' octions prohioited and correctil'e actions. (ll A recipient may not. under any program or activity to which the -\ regulations oC Ihis Part may apply directly or Ihroufh conlractus: or other Ilrranllrments. on Ihe ground of rllce. color. nu tional origin. or sex: (i) Deny allY facililies. serviccs. financiul /lid or olher lJcncfil8 provided under lhe program or activity. (ii) Provide nny lacilities. 8ervices. linancilll Ilid or olher lJenclils which Bre different. ur nre provided in II different Corm from thuI provided to others under the program or aclivily. (iii) Subject to se.gregated or 8epnrate lre(llmenl in nny lucility in. or in nny muller oC process rclal<<;d to receipt oC any service or benefit under the progrum or activily. (iv) Restrict in IIny wny Dccess to. or in lhe enjoyment 01 ony advanlage or privilege enjoyed by olhers in connection with lacililies. services. financial Bid or other benefits under the program or activity. (v) Treat an individual differently from olhers in delermining whether the individual ea tisCies any ndmission. enrollment. eligibility, membership. or other requirement or condition which the individunl must meet in order 10 be provided any facilities. services or olher beneCit prodded under the program or activitv. (vi) Deny an opporlunity to parlicipa te in a program or activily as an employee. (2) A recipient may not ulilize criteria or methods of administration which have the effect of subjecting individuals 10 discrimina tion on lhe basis of race. color. nCllional origin. or sex. or have the effect of defealing or subSlanlially impairing accomplishment of the objectives of the program or activily wilh respect to individuals of a particular race. color. national origin. or sex. (3) A recipient. in determining the sile or localion of housing or Cacilities provided in whole or in part with funds under this part. may not make selections of such site or lucation which have Ihe effect oC excluding individuals Crom, denying them Ihe benefits 01. or subjecting them to discrimination on the :B-2 .1 '\ ground oC ruCC. color. national origin. (If sex: or whir.h hAve the purpo~e or effecI of dcfratinR or substantially impairing the acr.umplishment 01 the objectives cI the Act /lnd of Ihis seCtion, (4)li) In ndministering B program or Rctivity Cunded in whole or in pari wilh CDrlG fllnds regarding which the recipient hos pre\'iously discriminated ogainst per60ns on the ground oC race. color. nationul origin or sex, the recipient must tuke nffirmative aclion to overcome the cffects 01 prior discrimination. (ii) EI'cn in lhe nbsence oC 6uch prior discrimination. a recipient in administering a program or nctivity fllnded in whole or in part wilh CDOG funds should tuke affirmalive action to ovcrcome the effects oC conditions which wOllld otherwise result in limiting participatiun by persons of a particular race. color. nalional origin or sex. Where previous discriminatory praclice or usage tellds. on the ground 01 race. color. national origin or sex, to exclude individuals Crom participation in. to deny Ihem Ihe benefits of. or to subject Ihem to discrimina tion under any program or activity to which this part applies. the recipient" has an obligc:lion 10 take reasonable action to remove or overcome the consequences of the prior discriminatory prllctice or usage. imd 10 accomplish the purpose of the Ac\. (iii) A recipienl shall not be prohibited by this part from laking any action eligible under Subpart e to ameliorate an imbalance in services or facilities provided to any geographic area or specific group 01 persons within its jurisdiclion. where the purpose of such action in to overcome prior discriminalory practice or usage. (5) Notwithstanding anything to the contrary in this seclion. nothing contained herein shall be construed to prohibil any r~cipient from mainlaining or construcling separate living facilitie~ or rest room facilities Cor the different sexes. Furlhennore. selectivity on the basis oC sex is not prohibited when institutional or cllstodial services can " \ APPENDIX E I SECTION 3 CLAUSE .1 TilE FOLLO'WING SECTION 3 CLAUSE SHALL l!E INQ..UDED IN ALL CONTMCTS FOR 'WORK IN CONNECTION 'WITH A SECTION 3 PROJECT: A. The ~ork to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department 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 ~ork in connection ~ith the project be a~arded to business concernS ~hich are located in, or o~~ed in substantial part by persons residing in the area of the project. B. The parties to this contract ~ill comply ~ith the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of 1I0using and Urban Development set forth in 24 CFR, and all applicable rules and orders of the Department issued thereunder prior to the execution ot' this contract. The parties to this contract certify and agree that they are under no contractural oc other disability ~hich ~ould prevent them from complying ~ith these requirements. C. The contractor ~ill send to each labor organization or representative of ~orkers_~ith ~hich he has a collective bargaining agreement or other contract of understanding, if any, a notice advising the said labor organization of ~orkers' representative of his commitments under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or .t raining. D. The contractor ~ill include this Section 3 Clause in eveD' subcontract for ~ork in connectiqn ~ith the project and ~ill, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR. The contractor will not subcontract .....ith any subcontractor where it has notice or k.no~ledge 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 .....ith a preliminary statement of ability to comply ~ith the requirements of these regulations. E. Compliance with 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, ~nd assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and sub- contractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. E-l NOT!CE APPENDIX F 01._-c?UIREMENT FOR A.FTIR'1ATIVE ACT) ENSURE EQUAL D1PLOYMENT OPPORTUN! TY TO (EXECUTIVE ORDER l1246) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal EquAl Dnployment 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 COVERDJ Goals for Women apply nationwide. GOALS AND'TIMETABLES Timetable Goals (percent) From Apr. I, 1978 until l".a..r . 31, 1979.... 3.1 From Apr. 1, 1979 until Mar. 31, 1980 . . . . 5.1 From Apr. 1, 1980 until 1'13:::-. 31, 1981. . . . 6.9 B. Goals for ~~noritv Utilization: TA.'1PA-ST. PETERSBURG, FLA., ~ Area coverec: P~llsborough, Pasco, and Pi~ellas Coul1ties, Fla. Goals and Timetablesl Trade Goal (pe:::-cent) .. All. . . . . . . . . . . . . . . . . . . . . . _ . . . 17.9 1For the life of the project. ~nese goals are applicable to all the Contractor's const-~ction work (whether or not it is Federal or federally assisted) performed in the covered area. The Contractor's coopliance wi~ the Executive Order and L~e regulations in 41 CTR Part 60-4 shall be based on its i~p1eroentation of L~e Equal Opportunity Clause, specific affi=mative action obligations reauired by F-l " I the specifications le1: fort..'i in 41 CFR 60-4.3 (a), arl "ts efforts to :neet the goals established for the geographical area .....he - t.'1e contract resulting from this solicitation is to be perfonned. The ho\.:..:"s of minority and female employment and training must be substantially ~~iform throughout the length of the contract, and in each trade, and the contractor shall c.a.ke a good faith effort to employ D'.inorities and ....omen evenly on each of its project.S. The transfer of minori t:y or female employees or trainees from Contractor to Contractor or from project to project for t.'1e sole purpose 0f meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CYR Part 60-4. Compliance ....ith t..'1e goals ....ill be measured against the total ~ork ho\.:..:"s performed. 3. TI1e Contractor shall provide ~Titten notification to the Director 0: t.'1e Office of Federal Contract Compliance Programs ....i thin 10 .....or}~ing days of a~ard of any constrUction subcontract in excess of $10,000 at any tier for constrUction work under the contract resulting from u)is solicitation. The notification shall list t.'1e name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion cates of the subcontractl and the geographical area in ....hich the contract is to be perfo~ed. 4. 1'..s used in this Notice, and in the contract resulting from this solici ta tion,. the "covered area" is Pinellas County, =lorida. 60-4.3 (a) EQUAL OPPORTill~ITYCLAUSE During the performance of this contract, the contractor agrees as follo....s: 1. ~ne contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. ~ne contractor will ~~e affirmative a~tion to e~sure that applicants are employed, and that employees are treated during emplo;~ent ....it.'1out regard to their race, color, religion, sex, or national origin. Such action shall include, ~ut not be limited to the follo....ing: Employment, upgrading, demotion, or transfer; recrui nnent or recruitment 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 employ- ment, notices to be provioed setting forth the provisions of this non- discrimination clause. 2. The contractor ....ill, in all solicitations or advertiseDents for employees placed by or on behalf of ~~e contractor, s~te ~~at all oualified . .. applicants will receive consideration for e.In?loyment ....i thout regard to . race, color, religion, sex, or national origin. 3. Tne contractor ~ill send to each labor union or representative of workers with ....hich he has a collectiye bargaining agreement or other contract or ~derstanding, a notice to be provided advising the said labor union or ....orkers' representatives of the.contractor's co~tments under this section, and shall post copies of L~e notice in conspicuous places avail- able to employees and applicants for emplo~ent. F-2 " .' , ! The cont..:"actor I..illl....~^.?ly I.'it-.n all provisions of Exel _'ive Order 11246 of September 24, 196~, a.nd of the rules, regulations; and relevant orders of the Secretary of Labor. '40 . , S. The contractor will furnish all information and reports re~red by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the a~~nistering agency and t.~e Secre tary of Labor for purposes of inves tiga tion 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 Goverr.rocnt 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 contractor will include t.~e portion of the sentence ~ediately preceding paragraph (1) and the provisions of paragrapr~ (1) t.~ough (7) in every subcontract or purchase oreer unless eXeID?ted by rules, regula- tions, or orders of the Secretary of Labor issued pursu~~t to section 204 of ~xecutive Order l1246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract Dr purchase order as t.~e administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance: Provided, however, That in t'le event a contractor ~ecomes involved in, or is threatened with, litigation with a ~ubcDntractor 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.l\NDl-_lID FEDERAL EQUAL EHPLOYM.......l'"NT OPPORTUNITY CONSTRUCTION CONTRACT SPECITICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: a. "Covered area" means t.~e geogxa?hical area described in the solicita- tion fro~ which ~~is contract resulted. b. "Directo::" means Director, Office. of Federal Contract Com?liatlce Progr~~, Onited States Department of Laber, or any person to whom the Director delegates aUL~ority. c. "E!r.ployer identification nt:Inber" mea.J'~ the Federal Social Security nurrber used on ~~e Employer's Qua::terly Federal Tax Return, O. S. Tre2.stL.l' Depar::ment Fo:rm 941.. d. "l.u.nori ty" includes: F-3 (1) Black (all pJrs~ns having origins 1n any of ~L Af:.-ican racial groups not of Hispanic origin)"; Black ". " (2) Hispanic (all persons of Mexic~, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regarcless of :.-ace) I (3) Asian and Pacific Islander (~ll persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan Native (all persons having origins in any of the original peoples of Nor~ America and maintaining identifiable tribal affiliations ~~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 $lO ,000 the provi- .5tons of these specifications and the Notice ....hich contains the ?-p- pllcable goals for minority and female participation and ....hich is set forth in the solicitations from ....hich this cont=act resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown.Plan approved by L~e o. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all ....ork in the Plan area (including goals ~nd timetables) shall be in accordance ....ith that Plan for those trades ~hich have unions Farticipating in the Plan. Contractors must be able to demonstrate their participation in and ccmpliance ....i~~ 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 faitJ1 e'ffort to achieve each 90al under the Plan in each trade in ....hich it has employees. Tne 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 failu=e to take good faith efforts to achieve the Plan goals and time- table. 4. The Contractor shall implement the specific affirmative action standarcs provided in paragraphs ?a through p of these specifications. The goals set forth in the solicitation from which this cont=act resulted are expressed as perc~tages of the total hou=s of employment and training of minority and female utilization the Contractor should reasonabiy be able to achieve in each const-~ction trade in-~ich 'it has employees in the covered area. The Contracto~ is e>~ected to make substantially uniform progress to~ard its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failu=e by a Q~ion ~ith ....hom the Cont=actor has a collective bargaining agreement, to ~efer either minorities or ....om~ shall e>:cuse the Contrac- tor's obligatioP$ under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. F-4 .6. lr. orde:- fo:: ~-je ;)O~......,c:::,:",:,:-:~ ':..:a":";~:"'IJg :lO~S c:. Grr':"~;"-"'-'-~ c:..;.'.... _.:..'"-~_.,'..:t.;J to be cou:"ltec in meeti-.t..'1e goals, such apprentices i'!nc ~ainees must. be employed by the c::11. ..'ctoI' during the training pe~-i'land the ! Contract.or mus t have made a comrni t.'nent to employ the a.Il?rentices and trainees at the completion of their training, subject to the availabil- ity of employment opportunities. - Trainees ~ust be trained pursuant to training programs ~ppI'oved by the U. S. Department of Labor. . , 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. ~e evaluation of the Contractor's compliance ....ith these si_.ecifications. shall be based upon its effort to achieve maximum results 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 ....ork. The Con tractor, ....here possible, ....ill assign two or more.....omen to each cons~ruction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are awa.=e of and carry out the Contractor's obligation to maintain such a working environment, ....ith specific attention to ~~nority 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 employ~ent opportunities available, and maintain a record of the organizations' response~. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a rec~i~ent source or community organization and of ....hat "action was taken ....ith respect to each such inci vidual. If such individual was sent to t..1je union hiring hall for referral and was not referred back to t..~e Contractor by t..~e union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along ....ith ....hatever additional actions the Contractor may have taken. .. d. Provide immediate ....ritten notification to the Director when the union or unions with ....hich the Contractor has a collective bargaining ag=eement has not referred to the Contractor a ~~nority person or woman sent by the Contractor, or when the Con~actor has ot.'"lcr information that the union referral process has impeded .the Con~actor's e!forts 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 programs and apprenticeship and trainee programs relevant to the Con tractor's err.?loYlDent needs, especially those progxams funded or approved by the Depa.=-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 programs and requesting ~~ei= coopera- tion in assisting the Contractor in ~eeting its EEO obligations; by including it in any policy ~~nual and collective bargaining agreement; by F-5 I '" .' -' publicizing it in the company newspaper, ~nnu~l report, etc.; by specific review of the policy with ~ll management personnel and vith all minority and female employees ~t 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 EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termina- tion or o~~er employment decisions including specific review of these items wi tl. onsi te supervisory personnel such as Superintendents, General Foremen, etc., prior 'to ~~e initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons at~ending, subject n~tter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO po li C)r 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 I s EEO policy ....i th other Contrac- tqrs and Subcontractors with ....hom .the Contractor does or antici- pates doing business. L Direct its recrui t:IDent efforts, both oral and ...lri tten, to minority, ferr4le and community organizations, to schools with minority and female students and to minority and fema le recrui ment and training organizations serving the Cont=actor's recruitment area and employ- ment needs~ Not later than one month prior to the date for the ac~eptance of applications for apprenticeship or other training by any recruitment source, the Cont=actor shall send written notification to organizations such as the above describing G,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 arter school, summer and vacation employment to minority and female youth both on the site' and in other areas of a Contractor I s workforce. ,i'"' k. validate all tests and other selection requirements where L~e=e 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 female persor~el for promotional opportunities and encourage these employees to seek or to prepare for, L~ough appropriate training, etc., such oppor~~ities ID. ~r$U=e that seniority practices, job classifications, ~ork assign- .ments and o~~er personnel practices, do not have a discrirei~ato~ effect by continually monitoring all personnel and employment related activities to ensure that the EZO policy and the Contractor's F-6 obligations undel these specificacions are being _I~.;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 offers for subcontracts from rr~nority and female cons~-uction contractors and suppliers, including circulation of solicitations to minority and female contractor associations ~d other business associa tions . p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations ~hich 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 ~hich the contractor is a member and participant, pay be asserted as fulfilling anyone or more of its obligations under 7a through P of these Specifications provided that the contractor actively partic- ipates jn the group, makes every effort to assure that the group has a positive impact on the employment of minorities and ~o~en in the indust-;', ensures that the concrete benefi ts 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 ~hich demonstrates the effectiveness of actions taken on behalf of the Contractor. ?ne 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 rrinorities and a separate single goal for ~OIDen 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 fer.~le, and all women. both minori~ and non-minority. Consequently, ~~e Contractor may be in violation of the EY.ecutive Order if a particular group is employed in a substan- tially disparate manner (for example, even L~ough the Contractor has achieved its goals for ~omen generally, the Contracto= may be in violation of the Executive Order if a specific minority group 0; women is unoerutilized). 10_ ?ne 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 Cont=acto= shall not ente= into any Subcontract wiD~ any person or fi~ deba==ed from Government contracts pursuant to Executive Oro~r 11246. F-7 ,12. The Contractor shl14 carry out such sanctions and I .lties for violation of these specifications and of the Equal Opportunity Clause, 'including suspension, termination and qancellation of existing sub- contracts as may be imposed or ordered pursuant to Executive Order 11246, a6 amended, and its i~plementing 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 Contrac~or, in fulfilling its obligations under L~ege 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)~ent opportunity. If the Contractor fails to comply ~ith the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance ~ith 4l CFR 60-4.8. 14. The Contractor shall designate a responsible official to ~nitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Gove~ent and to keep records. Records sha1lat least include for each employee the name, address, telephone numbers, constrUction trade, union affiliation if any, employee identification number ~hen assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours 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 form; ho~ever, to the degree that existing records satisfy this requirement, contractors shall not be required to ~aintain separate records. l5~ Nothing herein provided shall be const~ed as a lirni~tion upon the application of other laws which establish di=ferent standards of compliance or upon the application of requirements for ~~e hiring of local or other area residents (e.g., those under ~~e Public Works Employment Act of 1977 and'theComrn~~ity Development 310ck Grant Program) . . F-8 I ..',I APPENDIX G OMB Circular A-110 .1 . I .f Office of Management and Budget Circular A-110 (7/30/76) A-110:1 OFFICE OF MANAGEMENT AND B U DG ET [CIrcular 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 estnblishments. Subject: Uniform administrative re- QUirements for giants and other agree- ments with Institutions of hizhcr edu- cation, hospitals, and other nonprofit organizations 1. Purposc.-This Circular' promul- gates standards for obtaining consisten- cy and unHormity among Federal agen- cies In the administration of grants to, and other agreements with, public a.nd private Institutions of higher education, public and private hospitals. and other Quasi-public and private nonprofit or- ganizations. This Circular docs not apply to grants. contracts, or other agreements . between the Federal Government and units of State or local governments covered by Federal Management Cir- cular 74-7. 2. EtJective date.-The standards in the attachments to this Circular Vo'i1I be a.pplled as soon as practicable but not la.ter than January 1,1977. 3. Supersession.-This Circular res- cinds and replaces parts III and IV of the Appendix to Federal Management Circular 73-7, Administration of college and university research grants. 4. Policy intent.-The uniform stand. ards and reqUirements included in' the attachments to this Circular replace the varying and often confiicting require- ments th.a.t have been imposed by Fed- eral agencies as conditions of grants and other agreements with recipients. 5. Applicability and. scopc.-Except as provided belov.'. the stands.rds promul- gated by this Circular are applicable to all Federa.l agencies. If any statue ex- pressly prescribes policies br specific re- Quirements tha.t difTer from the stand- ards provided herein. the provisions of the statute shall govern. The provisions of the attachments of this Circuiar shall be applied to subre- cipients performing substantive work under grants that are passed through or awarded by the primary recipient if such subreciplents are organizations de- scribed In paragraph 1. 6. Definitions. 1>. The term "grant" means monev or property prOVided in lieu of money paid or furnished by the Federal Government to recipients under programs that pro- vide financial assistance or that pro\'ide support or stimulation to' accomplish a pUblic purpose. The term "other agree- ments" does not Include contracts which are required to be entered into and ad- ministered under procurement laws and regulations. Grants and other agree- ments exclude (a) technical assistance programs. which provide services instead ~, .- ~- -.. general revenue sharing, loans, 10:l.n guarant.ees. or insurance" and (c) direct payments of any kind to individuals. b. The term "recipient" includes the following types of nonprofit organiza- tions that are receiving Federal funds from a Federal agency or through a Slate or local government: Public and private Institutions of high- er education: pUblic and prh'ate hos- pitals; and other Quasi-public and pri- vate nonprofit organizations such as (but not limited tol communit.y a.clion agen- cies. research Institutes, educational as- sociations, and health centers. The term does not include foreign or international organizations (such as agencies of the United Nations) and Government-owned contractor operated facilities or research centers providing continued support for mission-oriented, large scale programs that are Govern- ment.-owned or controlled, or are de-, signed as federally-funded research and development centers. 7. ReqILCsts lor exceptions,-The Offiee 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 maximwn uniformity, exceptions from the re- Quirements of the Circular '1'7111 be per- mitted only in unusual eRSCS. Agencies may apply more restrictive requirements to a class of recipients when approved by the Office of Management and Budget. 8. Att<u:hments.-The standards pro- mulgated by this Circular are set forth in the Attachments. which are: Attachment A Cash ''''deposItories. Attachment B BondIng and Insurance. Attachment C RetentIon and custodial re- quIrements lor records. Attachmen.l. D PTO{:r..m Income. Attachment E Con shlU'lng ..nd matchIng. Atte..chment F Standards lor Dnanclal man- agemen t systems. Attachment G FInancIal reporting requIre- ments, Attachment H MonitorIng and reportlng program perlOrm8.Jlce. Atu-chment I Payment requlremr.nts. Attachment J RevisIon 01 flnnnclal plans. Atta.chmen,t K Closeout procedures. Attachment L S.uspenslon and termination procedures. Attachment M Stnrldard lorm lor applying lor lederal &$slstance. Attl\chment N Property management st..nd- ards. Attachment 0 PTocurement standards. 9. Exceptions lor certain recipienis.- Notwithstanding the provisions of para- graph 7 if an applicant/recipient has a history of poor performance. is not fi- nancially stable. or Its management sys- tem does not meet the standards pre- scribed in the Circular. Federal agencies may impose additional reqUirements as needed prOVided that such applicant/ recipient is notified in writing as to: a. Why the additional standards are being imposed: b. what corrective action is needed. Copies of such notifications shall be sent to the Office of Management and Budget and other agencies funding that recipient at the same time the recipient : _ ._ _ l : r: ~ .: 10. Rcsponsibilities.-Agencies respon- sible for administering programs U1at in- voh'e grants and other agreements with reciplen l..s shall issue the appropria te regula tions necessary to implemen t the provisions of this Circular. All portions of such regulations that involve record- keeping and/or reporting requirements subject to the proviSions of the Federa.l Reports Act and OMB Circular A-40 must be submitted to OMD for clearance before being introduced into use. Upon request all regulations and instructiom implementing this Circular shl\ll be fl1rni1'hed to tile Office of Management and Budget. Agencies shall also de1'ig- nate an official to serve as the agency representative on matters relating to the !mplementation of this Circular. The name and title of such representative shall be fumL~hed to the Office of Man- agement and Budget not later than Au- gust 3D, 1976, 11. Inquirics.~Furtl1er information concerning this Circular may be obtained by contracting the Financial Manage- ment Branch, Budget Review Division. O!f1ce of Management and Budget, Washington, D.C. 20503. telephone 395- 3993. JAMES T. LYNN. Director. ATTACHMF.NT A.--CIRCULAn No. A-IIO CASH DE:rOSITORI'C6 I. This attachment sets 10l'th stRndards governIng the use 01 banks and other In- stitutions as depositories 01 lunds Rd"anced under grants and other agreements. 2. Except lor sltul\tlons described In parl\- graphs 3. 4, and 5, no Federal sponsorIng agency shall: a. Require physIcal segregl\tlon of cnsh de- positories lor funds which are prOVided to a reCipient. b. Establish any eligIbility requIrements lor casb deposltorle.s lor lunds ,,'hlch are pro- vided to a recipient. '. 3.}., separat.e bank a"collnt shl\1l be require ,,'hen applicable letter-ol-credl t agreements provIde that drawdo,,'ns will be mr.de when the re<:lplent's checks are presented to the bank lor payment. 4. Any moneys advnnced to n recipient ,,'hlch are subJect to th~ contrN... or regula- tIon 01 the UnIted States or any 01 Its olflcers. q;ents or employecs' (public money'; is de- fined In Trea.sury Circular No. 1:76. n.s amended) must be deposited In a ban'\: with Federal Deposit Insurance corporation (FDIC) Insurance coverage and the hl\lance exceedIng the FDIC coverage must be col- laterally secured. 5. ConsIstent ,,'lth the national goal 01 expandIng the opportunities lor minorIty busIness enterprises, recipients and ",ub. recIpients shall be encouraged 'to use ml nor- t t\' banks (a hank ,,'hlch Is o"'ned at lea.st 50 p~rcent by minority group members). ATTACHME:NT B.-CIRCOLAR No. A-II 0 IJONDING AND INSURANCE: :. ThIs attachment sets lorth bondIng nnd Insurance requirements for grants and other ng-rccments ,,1th recIpIents. No other bond- Ing and Insurance requlremen,ts shall be Im- posed other than those normany required by the recIpient. 2. Except as otherwise required by la,,'. " grant or other agreement that requires the contracting (or subcontracting) lor con- struC'tlon or lnclllty Improvements shnll pro- _~ _'_' ,"'" . ,_ (,-.11,...~' '. ,. ,'"" t', ,." I Office of Management and Budget Circular A-110 (7/30/76) qulremenl.6 relAtlng to bid guo.rantees, per- 10rm&DCe bondB, and payment bonw unlees tbe construcllon contre.ct or subcont.ract ex- ceedB UOO,OOO. Yor those collltrl\ct.s or aub- contr-acts exceeding UOO,OOO, the Yederal agency may accept the bonding policy and requlrementll 01 the grantee pro~lded the Federal agency h&.8 made' a determination tbat the Government's Interest t.s adequately protected. II such a determination bas not been m&de, tbe minimum requlremen\.8 shall be a.5 lollows: a. A bi4 vuarantee Irom e<u:h bt.dMr equIv- alent to flve pC"Tccnt of th.e bIG price.- The "bid guara~tee" shall consist 01 a firm commitment such as a bid bond, certllled cbeck, or other negotiable Instrument aC- companying a bid.... l\BSurance that the bid- der will. upon acceptance 01 ht.s bid, execute such contractual documen\.8 l\ll may be re- quired within the time specllled. b. Jl perlarmaru::e bond on the part of the eonlr<u:tar lar ~OO peTcent of the conlr<u:t prlee.-A "per/onnAnce bond" Is one executed In connectlon with a contract to secure lul- fillment oC all the contractor's obligations under sucb contra.ct. c. A pallment bond on the part of the con- tr<u:tar for 100 percent of the contr<u:t priee.-A "payment bond" I. one executed In connection wltb a contract to Msure pay- ment M required by law 01 all pel"llOns sup- plying labor and material In the execution oC tbe work provided lor In tbe con tract. 3. Where the Federal Government guaran- tees or Insuru th... repayment oC money borrowed by the recipient. the Federnl agency, at Its dlscretlon, may require a.de- quate bonding and 1nsurAnce II tbe boncUng and Insurance requirementll 01 the recipient Are not deemed a.deqUAte to protect the in- terest or the !"ederAI Government. 4. The Fecl.eral spoIlBOrlng agency may re- quire a.dequate fidelity bond coverage ",'here tbe reclplent hll.!l no coverage And tbe bond t.s needed lto protect tbe Government's Interest. li. Where bonds Are required In tbe altua- tlOM described Above. tbe bonds ahall be ob- tained lrom companies boldlng certificate<! or authority .... ACCeptable lIurdles (31 CF'R 22"3). ATTACRHXl>,. C.--CncuL.\Jl No. A-liD a.rn:Nn"ON AN"D CUSTODIAL ItLQUlllXUXNT8 roa a~olUla 1. Thl.s Attacbment lIel.s lortb record reten- tion requlrements lor gTants and oUler "P'e<!- ment.s with reclplen\.8. Fede".1 sponsoring AlI"n.cles Bball not Impose any record reten- tJon requirements upon rec1plent.s other tha.n tbose described below. 2. Excep! lor pArat;r&pb I, thlll att.achment a150 e.pplles to subreclplent.s .... relerred to In paragTs.ph li 01 the bll.!llc clrcula.r 3. P1nAnclal records, 8upportlng d~Umen\.8 statilltlcal records, and all otber records pertl: nent to an at;"!"eement &hall be retained lor a periOd or thr~ yeAZll, with the follo""1D€ qUa.lI!lCAtloD8 : L. II any Iltlgatlon, claim or audit 18 atArted before the expiration or the 3-year periOd the Te>OOrw shall be retained until all Iltl!:..tions cl..lmJ;, or Audit IlncUngslnvol~lng tbe recor~ baa been resolved. b. Rec<>rds ror nonexpendable property B.<:- qulred with J"edernJ func16 &.hall be retained lor 3 yea.rtl a./ter 1\.1; fina.l dlBpoIIltlon e. ~en r<'<'./Jrd. llTe tranBferred U, or maln- t..lned by tbe Federal I<ponsonng agency the 3b-IYea.r retention requlremtnt lB not appilca- e to tbe r=lplent. {. The retention periOd S!.ll.--t.5 from the dAte or tbe submla8lon ot tbe tlnAl '~ncU- ture report 0- , -,,- men " ,or grants and other &gT~- d 18 tb..t llTe renewed An,nually. trom tha ~~ of the IIubmls8lon of the a..nnuAl Clclal .tat"" r"POrt. li. Recipient org..nl......tlons should be au- thorized by the rederal sponsoring ,,€ency, Ir they 60 desire. to substitute microfilm copies In \leu oC onrln.81 recorw. 6. The P'ederAl sponsoring '4!ency shall re- quest trAnsrer 01 certain records to 1\.1; cw- tady lrom recipient organlr.Atlons ,,'hen It determines thAt the recorc16 possess long- term retention v..lue. However, In order to avoid dupllc..te record-keeping. a Fede".1 sponsoring agency mAY malte arrAngement.s With recelplent org..nlzatlons to retAln any records th..t are continuously needed lor Joint use. 7. The head or the Feder..l aponsorlng !\gen- cy and the Comptroller Oeneral or the United States, or any or their duly authorized repre- .entatlvC8, ahall have access to an)' pertinent boob, documen\.5. paper.. IUld records or the recipient org..nlzatlon and their subre- clplen\.1l to make audits, examJnatloru;, ex- cerpts and trlUlacrlp\.8. 8. Unle&S otherwt.se required by la"', no Pederal aponsorlng ..gency ",'tall place n- strlctlons on recipient orga.n.lzatloD8 thAt will limit public access to the recorda of recipient organlzatlons th..t are pertinent to a gTlUlt or agreement excep't wben tbe agency can demon.strate thAt auch record!; must be kept confidential and would h.ve been excepted rrom dt.sclOllure pUT8uant to the Yreedom 01 Inrormatlon Act (6 U.S.C. 652) U the recorda had belonged to tbe Feder..l sponsortng agency. ATTACHWJ:NT D.--CmctlL.\Jl No. A-liD PIlOCRAW INCO).U 1. Pe<1era.1 sponsoring ~ncl.a &hall e.pply the lltand..rda set forth In this Att&chment In requiring recipient organizatiOns to &CCount lor progT&m Inoome rel..ted to proJec\.8 fin.a.nced In ,,'hole Or In part with Federal runc16. Progn.m Income repreeent.s gT'088 In- come earned by tbe recipient lrom tbe led- erally 8upported e.ctlvltles. Such earnings ex- clude Interest earned on &dvAnces and may Include, but wUl net be Il.mJted to, Income Irom aervlce tees, .ale or oommo<1Jtlee. uu.ge or rental lees, and royalties on p..tenta and coprlgbta. 2. In tereet earned on ad vance:s or FederAl lunds 4h..U be remitted to the Fedual agency elC'Cept lor Interest earned en adn.nces t() State.. or InstrumentaJltlee or eo Sl.ate &.ll pro- "Ided br the Intergovernmentnl Coopera.tlon ut or 1968 (Public L&w ~77). 3. Proceeda Irom the e.Ale of ree.J and per- sonal property eltber pro"lded by the Fed- eral Government or purcha.sed In wbole or In pArt wltl:. Feder..l lunds, sball be ba.ndled In Il.CCOrOance with Attachment ~ to tbt.s cir- cular pertaJnlng to property IIUl.!l&gement. {. Unlesa tbe agreement provides other- ....lBe. reclplenl.a llball b..ve no obligation to the J"ederAl Government. Wltb respect to royalties received a.s a result or copyrlghl.a or patents produced under the gTlUlt or other agreement (see p~ph 8, Atta.cbment N). li, All other program Inoome earned durlD€ the project period &hall be retAlned by the recipient ..nd, In accord.......ce ",'ltb tbe gra.nt or other "P'eement. IIhall be: .... Added to lunw cOm.mJtted to the proJ- ect by tbe J"edera.1 sponsoring '4!enc~ lUld reoclplent orgAnlz&tlon and be used t.o t~rtber eligible PTO&TILm obJectives: b. Used to finance tbe nOD-Federal &hllTe or the project when approved by the Pedera.1 IIpODIIOrlD€ agency: or c. D<<juct.e<l Irom the total project coets In determining the net 00IIl!< on which the l'-ede,...1 &bue of C./JlIt.s wUI be ba.sec:l. ATrACBJoo<r}<T I:.--Cmct1l..U ~o. A-liD COB"%' BH..A.&..Il'fC A:lfD ).[A..T'CHI.l'oIO 1. Thill ..tt&.cbment ""to forth criteria ..nd PTOCe<luree for the allowabUltT or ('N.h n"d .1 A-110:2 In-kind contrlbutlonB ma.de by reclplent.s or _ubreclplent.s (as referred to In pa.rAgTaph 5 oC the ba.slc circulAr), .or tblrd pa.rtles In 8at- I.&lylng coat IIharlng a.nd matching reqUlre- ment.s of Federal spon&Orlng a!:encles. Thl. attacbment ..Iso establl&hes criteriA lor the evaluation or In-kind oontrlbutlons ma.de by third partles. and aupplementll tbe gUidAnce _et forth In Federal MAnagement Clrcul..r 73-3 wlt1h respect to cost _ha.rlng on leder- ally-sponsored rC8eArch. 2. The lollowlng definltlona Apply for the purpose 01 thl.& attacbment: a. Project co.t..-Project coats are all AI- 10Wllble C0618 (as set lerth In the ..ppllcable Federal C06t principles) Incurred b)' a recipi- ent and tbe v..lue 01 the In-kind contribu- tions nu;de by the reclplen t or third parties In accomplishing the objectives of the grRnt or other a[:Teement during tbe project or pro- gram period. b. Co.l .h.arlnu and matchlnll.-In gener..!. cost abarlng and matching represent that portion 01 project or prog".m coats not borne by the Fede,...l Government. c. Ca.sh contrlbutlon.!.--Ca.sh contributions repreaent the recipient's cll.!lh outlay, includ- Ing the OUtlAY or money contributed to the recipient by non-Pederal third po.rtles. d. In-kind contrlbutlo1>..-ln-klnd contrl- butlOnB represent tbe value or nonCASh oon- trlbutlons provided by tbe recipient and non-Fede".1 thl.rd parties. Only when au- t1horlzed by Fede,...1 legislAtion, may property purchll.!led wltb Federal lund.a be consld.ered Il.8 tbe recipient's In-ldnd contrlbutlenB. In- kind contributions m..y be in the form or ch..rgeo lor real property and non"e.xpand- able personal property, and the "alue or goods and ...,..,.Icea dlrectly benefiting ..nd apeclllc..lly IdentUl...ble to the project or progrAm. 3. Gene".1 guidelines lor oomputlng cost sbarlng or m.a tcblng llTe .... 10lloW!!: a. Cost &baring or m..tchlng may consl8t or: (I) Charges Incurred by the recipient M project costa. (Not ...11 cba.rgea req ulre cash outla)"ll by the recipient dur1Dg 1'be project period: eXAmples a.re depreclAUon and UIIe charges for bullc11n.gB a.nd e.qulpment.) ( 2) Pro J ect C06I.a fiDADcod 'Wi th cash co n - trlbuted .or don..ted to the recipient by other non-Federal public AlI"ncLee and 1nstltutlons, ..nd private orga.nlzatlens and Indlvlduo.l8, And (3) Project coel.a represented by "",..,.lceo Rnd real ILnd peT8./JnAI property, or use there- or, donated by other non-Pe<1eral public agenclea and Institutions. ~d pr\Jo'ate oTg1l- n!zILtlons and IncUl1duo.l8. ~ b. All cont.r1butlons, both CASh and 1n- kln~, s.l:1..11 be accepted 1LII part of tbe recipi- ent'. C06t sha.rtng ..nd matcblng when sucb contrlbutloDII meet ...11 01 tb'e rol1oW1ng crlter\.8 : (1) Are verUlable lrom tbe ",clplent.s record..s; (2) A", not Included IlJl contributions lor Any otber Cedera.11Y-Ilo.MIsted progro.m; (3) Are neceB8Ary ..nd re&80nable lor prop- er ..nd emclent lLCCOmplJAhment or project ob Jectlve.s; (4) Are types or charges tbat would be ..1- lo",.,.ble under tbe e.ppllca.ble ooet prlnclpleo; (li) Are not paid by the P'oderal Go",,'"1)- ment under another IUllIlrto.neo> o..gn>ement (unles. tbe a.greement t.s AutborJ.zed by l"e<l- erAI law to be used ler c.o<<t sh1rlng .or ma tch- Ing): (8) Are pro.-Ided rOT In the ..pproved budg- et wben reqUlred by the J"ede".l ,,€ency: and (7) ConJorm to other pro"lBlons or tht.s att..chment. (. Value5 lor recipient in-kind contribu- tions wUl be established In o..ccordlLDOt with the appll~ble caet principles. 6. S~c~c. procedurae for the reclplC'nto In f";:<;t/l.hlt'\hlnr- thf" 't"rJ\1~ of In-k"1nc1 l"'(';:T.ilhl1- I Office of Management and Budget Circular A-110 (7/30/76) tlons from non-Federal third parties :He set rorth below: a. Vall/ation 01 !'oll/ntcer .'erl'ices.-\'olun- teer services mny be furnIshed by proresslonr<1 and technIcal personnel. consultnnts. nnd oth,'r skilled nnd unskilled labor. Voluntecr servIces may be counted as cost shnrlnb or matchinG I! the service Is nil" Integral and necessary part of nn approved pror:ram. (1) Rate.' lor l/oll/nteer urvice.,,-Rates for v('Junt.ccr!; f-ihou1d be consistent wlth t.hose paid for slmllnr work In the recipient's orGnnI7.atlon. In those Instnnces In which the required skills nre not, lound In the recipient orgnnI7.ntlon, rntes should be eOllsl,tellt with those pnld ror slmllnr work In the labor mar- ket III which the recipient competes ror the kind of servIces In,'olved. (2) Voll/ntcers ~ml'loyed by othcr organ i- zations.-Whc'n nn crnploycr other than the reclplent furnishes the services or An em- ployee, these servIces shnll pe valued at the employec's reGular rnte of pay (exclusl,'e of frinGe bencfits and overhead costs) provIded these servlccs nre In the same sklll for which the employee Is normnlly pnld. b. Valuation 01 donated, expendable per- sonal property.-Donated, expendable per- sonal property Includes such Items as ex- pendable equipment, olT1ce supplies. laborR- tory. supplies or workshop and classroom supplies. Value assessed to expendable per- sonal property Included In the cost or match- InG' share should be reasonable and should not exceed the market value of the property at the time of the donation. c. Valuation 01 donated, noncIpend.able personal property, buildings, and land or use thereol, (I) The method used for chargInG cost sharing or matching for donated nonex- pend able personal property. buildings and land rnny dltrer accordinG to the purpose of the grant or other ngreement as follows: (a) If the purpose of the grant or other agreement Is to assist the recipient In the A.cqulsltlon of equipment, buildings or land. the totA.1 value of the donated property may be claimed as cost sharIng or matching. (b) If the purpose of the aGreement Is to support acth'l tIcs tho.t requIre the use of eqUipment. buildings or land. depreclatlon or use charGes for equipment and buildings may be made. The full value of equloment or other capltnl assets "!ld fl\lr rent~l char,ges for land may be nllowed provided that the Federal agency has approved the charges. (2) The val ue of donnted property will be determIned In accordance with the usual accountinG policies of the recipient wIth the followinG quallficatlons: (a) Land and buildin9s.-The value of donated land and buildIngs may not,exceed Its fl\lr m"rket value. at the time of donation to the recIpient n.s established bJ' nn Inde- pendent appraiser (e.g.. certified real prop- erty app",lser or GSA representatives) and certIfied by A. responsIble omclal of the recipient. (b) NoneIpcnd.able pe"sonal pro'pert)J,- The vl\lue of donnted noncxpendable personal property shall not exceed the fair market value or equipment nnd property of the snme age and condition nt the time of donation. (e) Usc 01 space.-The value Of donated space shall not exceed the fair rental ,'all:e of compn.rnblc space ~s cstnbltshcd b\' nn Independent apprnlsal of comranble ~pace and fncllltles In n prl\'nlely-o\\"ned building In the same locnllt)<' (d) Loaned eqllipmcnt.-The ,'nlue of loaned equipment shall not exceed Its faIr rent.a) \'nl\1c. 6. The following requirements pertalu to the reclplent's supporting records for In- kind contributions from non-Federn! third ra:"t1~.". n, Volunteer services mils\. he documenl.ed nnd. 10 the extent fel\.,ilJle. supporled by \.he sallle methods used by the recipient for Its employees. b. The bnsis for determining the valuation lor pei-sollnl sen'lces. material, equipment. buildingS and land Illust be documented. ATTACIIM!:NT F.-CIRCUl.A" No. A-IIO STANDARDS Fon FINANCIAL MANAGEMENT SYSTEMS 1.11115 attrlchment prescribes stnndnrds tor f1nanclnl Innnar,crncnl. systcrns or recipients. Federal sponsoring ngentles shnll not Impose additlonal standMds on recipients IInless spe- cWcally pro,'lded for In the I\ppllcable stn- tutcs (e.G.. the Joint Fllndln/: Slmpllflcntlon Act. P.L. 93-510) or other att.nchments La this clrculRr. Howe\'er. Federal sponsorIng agen- cies arc encouraged to ml\ke suggestions nnd nsslst recipients In estballshlng or ImprovInG finnnclal InanrLg:cmcnt systems when 6uch 0..')- slstanct' IS needed or requested. 2. Recipients' financial mnnagement sys- tems shall provide tor: n. Accurate. current and complete dlstlo- sure or the financial results of ench federnlly sponsored project or program In accordnnce with the reporting requirements set forth In AU...'\chment G to thIs cIrcular. \Vhen n Fed- eral sponsoring nGency requires reportInG on an accrual basis. the recIpIent shl\ll not be required to establish an accrual accountlnG system but shall develop such accrual dnta for Its reports on the bnsls of an analysis of the documentatIon on hand. b. Records that Identify adequately the source and appllCl\tlon of funds for federnlll" sponsored activIties, These records shnll con- tain Infonnatlon pertaining La FederA.l aWA.rds, authorizations. obligations. unobli- Gated balnnces. nssets. outla}'s. and Income. c. Effective control over and accountability for all funds, property and other assets. Re- cipients shall adequately safeguard all such' assets and shall assure that the)' are used solely for authorized purposes. d. Comparison of actual outlnys with bud- get amounts for eA.ch (:Tant or other agree- ment. Whenever appropriate or required by the Federal sponsoring aGency" financial In- formation should be related to performance and unit cost data. e. Procedures to mlnlml"e the time elapsing bctv..een the transfer of funds from the U.S. Treasury IInd the disbursement by the recip- Ient. whenever funds are advanced b)' the Federal Government. Mlen advances nre made by a letter-of-credit method. the recip- Ient shall make drawdowns as close as pos- sible to the time ot making disbursements. 1. Procedures for determining the reason- ableness. allowablllty and allocl\blllty of costs In accordance with the provisions of the 1'1'- pllcable Federal cost princIples and the tcrms of tlle grant or other aGreement. G. ACcountinG records that are supported by source documentation, h. Exnmlnatlons In the form of audits or Internal audIts. Such audits shall be mnde b)' quallfied Individuals who nre sumclently Independent 0: those who a\lth~rizc the ex- penditure of Federal funds. !.o prod lice un- biased opinions. conclusions or judgments. The)' shall meet the Independcnce crlterln R.long the lines or Chapter 3. Part 3 of the U.S. General Accounting omce publlcntlon. St.'\ndardo; for Audit of GovernmenUI Orl;nn- 17.atlons. Pro~rams. Acti"ltles and Functions. 111cse cxanlina.tiot'l.!> nrc intended to a..f.tcer- tR.in the etrectlveness of the finR.nclnl man~ agement systems and Internal procedures' that have been establlshed 1.0 meet the I.crms and conditions or the agreement.'. Jt Is not Intended that each agreement awarded to the rcclp\cnt be examined. Gcncrnlly, cxnmlrH\. t.lon~ should be c:onductcd c.n an orr.nnl7.n- rlnn-wlrl" ~"H"'~!<:' to tC:.-t 1))(' fl~r.~l 1J~trr';I1.\' or J A-110:3 f1nR.nrlnl t.rnnfo;l\ctl()Jl~. R.o; well as compliance with the terms and conditions or the FederR.1 grp.nLo; R.nd other agreements. Such tests would include R.n appropriate sampllnl; of Federal R.l!reements. Exnmlnatlons ",lll be conducted with reasonable frequency. on I' continuing hllsls or fit scheduled Inten-als. usunll)' nnnuR.lly. but not less frequent.ly thnn evcry two ye~Hs. The frequency of these ex- nmlnatlons shall depend \lpon the !lature. S17.c and the complexity of the nctvll\.)'. These examlnntlons do not relieve F'eOeral agencies of their nucllt responsibilities. but mny Rtrect the trequency and scope or such I\udlts. I. A systematic method to assure timely nnd approprinte resollltlon of nudlt findings nnd recommendations. 3. Prlmnry recipients shnll require subre- clplen!s (IlS defined In pnrngraph 5 of the \>nsle circular) to ndopt the stnndnrds In parngraph 2. above except for the require- ment In subparagraph 2e. regarding the use' or the letter-of-credit method nnd thnt pnrt of .subpnraGraph 2n, reGnrdlnG reporting forms and trequencle" prescribed In Attnch- ment, G to thls clrculnr. ATTACHMENT G.-CIRCUl.AR No. A-IIO TINANCtAL RE:rOn.'ILN'C REQUIREMENTS I. This attnchment prescribes uniform re- portinG procedures for recIpients to: sum- marize expenditures mnde and Federnl funds uner.pended for each nward. report the st.ntus of Federal CA.sh A.dvanced. request ad\'1\nces and reimbursement when the letter-of-credit method Is not used; and promulgates stand- arc'. forms Incident thereto. 2. The fo1\o""lng definlUons apply for pur- poses of thls attachment: a. Accrued expcnditure..-Accrued ex- pendl tures A.re the charges Incurred by the rcclplent during a given period requiring the provision of funds for: (I) goods and other I.anglble propert)' received; (2) serviCes per- formed by employees, contractors, subreclpl- ents. and other payees. and (3) other amounts becomIng owed under programs for which no current services or performance I-' required. b. Accrued inco'1'e.-^ccrued Income Is the sum of (I) earnIngs durInG a gIven period from (I) serviCes ,.performed by the recipi- ent; and (II) goods and other tlUlglble property de\1vered La purcha.sers; and (2) amounts becoming owed to the recipient for whl.J;,h no current servIces or performance ls required by the recipIent. c. Federal funds authorizcd.-Federal funds authorized art the tot.nl amount of Federal funds ob\1gated by uie Federal Gov- ernment for use by the recipIent. Thl-' amount may Include any nuthorlzed carry- over o! unob\1gated funds from prior fiscal years when permitted by law or A.gency regulation. d. in-kind contributio7W.-ln-klnd COD- trlbutlons are defined In Attachment E to this circular. e. Ob/igatio7W.-ObJlgntlons nre the amounts of orders placed, contracts and grnnts awarded, services received. and simi- lar transactions during a r.I"en period thR.t ",'ilI require payment by the recipient durIng the same or a ruture period. r. Outlo)Js.-Outlays or expenditures repre- sent charges made to the project or program. "Iney mny be reported on a cash or accrunl bnsls, For reports prepared on a cnsh basis. outlnys nre the sum of actual cn..sh dlsburse- ment.s for direct charges for goods Rnd sen-- Ices. the nmount of Indirect expense chl\rged. the "alue or in-kind contributions applIed. and the amount of CR.5h '~d\'Rnces f\nd pay- men!..' mnde to subreclpients. For repor!..' pre- pared on nn accrual basis. outlays are the sum of A.Clllf\} ensh dl~bur~cments fOT direct (;h:\rgc~ for ~()()ds :\nd ~er\'lcc5. the nmount nf lneJlrrr: ('~:rH'I~~(' tnr\1rrr-d. the vnlu(' of 1n- I Office of Management and Budget Circular A-110 (7/30/76) kind contributions applied. and the net In- cre...e .lor decre....e) In the amounts owed by the recipient lor goods and other property received. lor services perlorme<! by employ- ees. contractors. subreclplents and other p.yees and other amounts becoming owed under programs lor ",'hlch no current serv- Ices or perlormance are required. g. Pro"ra m tncome.-PTogram Income Is dellned In Attachment D 01 this circular. It m..y be reponed on a cnsh or accrual b....ts. whichever 13 used lor reporting outla)'s. h. Unobltgated balanee.-The unobligated balance Is the portion of the lunds author- ILed by the Federal sponsortng agency tha t has not been obllg..ted by the recipient ..nd Is determined by deducting the cumulative obllgatlon.s lrom tbe cumul..tlve funclll au- tboTILed. l. Unliquidated oblfgatfo"".-For reporu. prepared on a c..sh' bnsls. unllquldnted obU- g..tlons represent the'emount 01 obllgatlons Incurred by the recipient that h..s not been pAid. For reporu. prepared on ..n ..ccrued ex- pendIture b....ts. they repre5ent the amount at obllgstlons Incurred by the recipient lor which ..n outlay h.... not been recorded. 3. Only the lollowlng lorms will be au- thorlLed lor obtaining fin..ncl..1 Inlormatlon lrom reclplenu. a. FtMncial StatuJ Report (Ezh.tbft 1). (I) Each J"eder,,1 sponsorIng agency shnll requtre recipients to u.se the stand..rdlLed rtn..nclal StatuS Report to report the status of lunclll lor all noncon.structlon projects or programs. The Federal sponsorIng agencies may, liowever. have the option of not re- quiring the FInancial Status Report when the Request lor Advance or Reimbursement (par..graph 4..) or Report of Federal C....h Transactlons (par..graph 3b) Is determined to provide ..dequate Inlorm..tlon to meet their needs. except th..t a fin..l Flnancl..1 Status Report sh..1l be required at the com- pletion, of the project when the Request lor Adv..nce or ReImbursement lorm Is used only lor adv..nces. (2) The Feder..l sporulorlng agency shall prescrIbe whether the report sh..n be on .. c....h or ..ccru..1 basis. It the Feder..l sponsor- Ing ..gency requires accru..1 Informatlon ..nd tbe reclplent's accountlng records are not normally kept on the ..ccrual b....ls. the re- cIpient shall not be required to convert Its accountlng system. but shall develop such ..ccru..l Inlorm"tlon through best estImates based on an analysis 01 the cocumentatlon on h..n,l. (3) The Federal sponsoring agency shllll determine the lrequency, of the FInancial Status Report lor each project Or program consldorlng the sIze and complexIty 01 the particular project or program. However. the report shall not be required more lrequently than quarterl)' or less lrequently than aD'- nually except as provide<! In subpll.Tagrnph 3.. (I) above. A final report shall be required at the completion of the agreement. (4) Federal ~ponsorlng agencies sh,,1l re- quire recipients to submit the FInancial Statu. Report iorlglnal and no more than two enples) no I"ter thnn 30 days ..tter the end ot each speclfled reporting period tor qUllTterly Ilnd seml-ILnnu,,1 reports. "nd 90 days lor annual and final reports. Extensions to reportln(; due dates mal' be granted upon request 01 the recipient, b. Report of Federal Ca..h TranJaction. (Ezhibit 2). (I) \\'hen funds are advnnced to reclplenu. through letters of credit or wIth Treasury checks. the Federal sponsoring agencies shall require each recIpient to sub- mit " Report 01 Federal Cash Tran~tlo"s. The Federal spon.sorln(; ngency .hall use tills report to monitor cash advanced to recipients and to obtain dlsbursement'lntormatlon lor e..ch ag-reement lrom the recipients. (2) Federal sponsoring "cencles mal' re- quire 10recILsts 01 Feder"l cash requirement. In the "Remr.rks" sectIon ot the report. (3) Wh~n practlc..1 and deemed neeessllr)'. the Federal sponsoring agencle. may require receipts to report In the "RemILrks" section the nmount ot cash advancea In excess ot three days' requirements In thl.' hnnds 01 sub- recipients and to provide short narrative ex- pl"na '.Ions 01 actions t"ken by the reclplen ts to reduce the exceS3 blllllnces, (4) Recipients shall be required to submit not more than the orlgln"l and two copies of the Report 01 Feder&! Cash TranSllctlons IS working dal's lollowlng the end of e"ch quarter. The Federal sponsoring agencies may require a monthly report lrom those recipients receiVIng "dvances totaling ~I million or more per year. (5) Federal sponsoring agencies mal' w"lve the requirement lor subml~lon ot the Report of Federal Cash Transactions when monthly advances 10 not exceed $10.000 per recIpIent. provided that such advance.; "re monl tored through other lorms contained In_.thls at- tJ.chment. or If. In tbe Federal sponsoring o.genc~"s opinion. the reclplent's accountlng con trois ..re adequate to minimize excessIve Federal advances. 4. Except as noud below. only the tollow- Ing torms wlll be authorized tor the reclpl- ent3 In requestln(; advances and reimburse- ments. a. Request for Advan.ce or Reimbursement (Exh.iblt 3). (I) E"cn Federal sponsorlng agency shall adopt the Request lor Advance Or Relmburse- m~nt as a standardized lorm tor all noncon- .tructlon programs when letters-ol-credlt or predetermIned advance methods are not used. Federal sponsoring agencies. however. have th~ option 01 using this lorm tor construc- tion progTarns In lieu ot the Outlay Report and Request lor Relmburseme:lt lor Con- strucllon Programs (subparagr..ph 4b). (2) ReCIpients shall be "uthorlzed to sub- mIt requests lor advances and reimburse- ments at least monthly when letters-ol- credl t are not used. Federal sponsoring agencies shall not require the submission ot more th"n the orll>1n,,1 and t",.o copies ot the Request lor AdvaTlce or Reimbursement. J A.110:4 b. Outlay report and requcst Jor rnm- bUT.'it'7nr:nt lOT construction pTogrant.o; (EI- hibit 4). (I) Ench Federal r.pon..orlnr; "r;ency shall "dopt the Outlay Report and Requ",;l for He- Imbursement lor Construction Programs a, the stJ.ndardlzcd format to be used tor re- questlng reimbursement for conslructlon programs. The Feder=-! sponsorll:g ngencles mal'. however. have the option of substitut- Ing the Request lor Advance or Reimburse- ment Form (subparagraph 4a) when the Fede",1 agencies determine that It provide,; nclequnte Inlorrn1\tlon to meet their needs. (2) Recipients shall be "uthorlzed to sub- mil requests lor reimbursement at least monthly when lelteTB-ot-credlt nre nol used. Federl\l sponsoring "gencles shall not reqUIre more th"n the original and two copIes 01 the Outll\)' Report and Request lor Reimburse- ment lor Construction Prog-rarns. 5. When the Federal sponsoring Ilj;encles need nddltlonal Inlormatlon In using these lorms or more lrequent reports. the loll owing sh,,1l be observed: ,11. When "ddlllonal Inlormatlon ls needed to comply with leglslntlve requirements. Federal sponsoring ngencles shall Issue In- structions to require recipients to submit such lnrormatlon under the "Remarks" sec- lion of the report.,. b. When necessllry to meet specIfic pro- !:nm needs Federal sponsoring &gencles shall submit the proposed reporting requirements to the Financial MAn~gement Branch. Budget Review Division. Office of Manal(ement "nd Budget lor approval prior to submission of the reporu lor cle:u-ance under the pro- visions ot OMB Circular No. A-40. e. When a Federal sponsorIng agency has determined that a reclplent.s sccountlng sys- tem does not meet the Sto..ndnrds Jor Fl- n"ncl~1 Management contained In Alt"ch- ment F to this circular. additional pertinent Intormatlon to lurther monItor g7"nts and other agreements mill' be obtained upon written notice to the recipient until such time o.s the system Is brough t up to st..nde.rd. d. The Feder"l sponsoring agency. In ob- taining Inlormatlon 8.5 In pl\ragrl\phs a. b and c above. mus' comply v..lth report cle"r- ance requirements of the Office of Manage- ment and Budget CIrcular No. A-40. e..s re- vised. 6. Federal sponsoring agencies h"ve the option oJ shading out any line Item on any report thnt Is unnecessary lor declslon-mak- I nl) purposes. 7: Federal sponsoring agencle:; should ac- cept the Identical lnlormatlbn 1rorr. the re- clolents In machIne usable lormat ;ft com- puter printouts In lieu ot prescribe<! lormats. 8. Federal sponsoring agencle;; m"y pro- vide computer outputs to recipients when It will expedIte or contribute to the accuracy ot reporting. 9. Feder"l sponsoring agencies "re nuthor- I..ed to reproduce these lorms. The lorms lor reproductIon purposes can be obta,lned from the Office 01 Man3.gement and Budget. FINANCIAL STATUS REPORT I. HO(.., A.(He"> AHO OPlQAH,UnOHA' (U"(HT TO "HICH ......,.... II 'UI"'ntO r HO(I<" aov.HT 00 OTH(O 10."mNIHa\ OMB App'ovod \ ..r.( 0' HU"'If" No. aO-R0180 I (Follow inJllnuttO'tuI 0" th" b(l(:k) ,....C[!; I1[CI,.1[I'(T OR'OANllA1'10H ,,..:.......o.of t",....,.,." ...-tA.lff. ;'u,lv.Ai.., ltr ('".1_1 t. (Iofl"lon" lotP'f"'1CATlOH HU....lft I~' ftI(CII"1UCT ACeoUH'T HU....r,. OJ!: IO[N'TlnIHG HUWIl" ... rnU.l Jll'fl"'OlfT I" IA111 o .[! o NO o CASH n "'CCAU"l .. ,ItOJ(ct IQ"AN'l' N.,"OD l.!u i..,,,..,Ic..,...,.) .. I"'tJltIOO COVflll(O If 1'1-411 II[r'OR'T rROM (Ho.Or., ~v. ~" I TO (Al...IA, ot.r. ,.......1 'ROM CNIt..,,,. .c.... .._r) TO 1'-"'_'''.11010', ....., STATUS Of ruNDS (0) (b) (e) (4) (.) (f) TOTAL rROGR^,~ S I FUNCTlONSI ACTIVIT IES ~ (g) "~t OUtlAyt previously reportl"d $ $ $ $ $ $ $ Total OUtlRY' this report period (.,11I.' I'roRulm Income c,..,.dltl - Ntt outlllY' Ihi, roport r'lNiod (/..i,u ~ min"J Ii", C') I N~t outlfty, to dale I (Li"~ 0 plu.. lin, d) . i I Lt~~.' Non.F~flr..1 ShAr! or outlay1 -- Tor,.1 F'NtlHel ,herll of oulleY1 (lJi"" ~ mi"ulI lint f) I I I Totlll unllQuldllted oblig8tion1 L,u: tlon-Fed'lrll sherl!' nf unllQuldsted obllqll1lon. shown on IIn1 h Fl'dl'lr81 share of unllquld.tlM1 obligation. " Total Fed!,.,1 ,hue 01 outlays 8nd unllQuidatltd obliAlJtlons Total cumulfttivlJ emount of FlId.,.1 fundi authoriud , Unobllgllltftd blll"nell of fed"ral fundi OF AUTHORIZED CERTlrt"ING DATE REPORT I. TYPE 0' RATE 'ROVISIOUAl\ 0 P'UD[T[FUAIHtD U. ClR'TlrJC,ATIOH SIGNATURE SUBMITlED 0 o ,,"". 0""0 I certify to thl bfttt 0' my knowte<l., and b4. OFfiCIAL (PIlJt:I "X" in fJppf'tJpn-o.tf 60z) O'"l!CT I c_ DA~( I d. TOTAl AMOUNT Ie. 'EOERAL IJ-fAR[ lI.t th.t thll report II cornet .nd compll'te lod ~tNn b. AAH thAt all oullly. ."d unlh1uldlt&d obl1l1'lI1lonl TYPED OR PRINTED HAME AND TITLE TELEPHONE (,.\ r," <0'1'. ',rI for the purponl ..t forth In the lwerd numb." a"d ntnu'\o-nJ ::~::'~::':~:~:f~:~" ",~..._f"'''U d..~," "-e.._., (to' i"f_..."fv... r.f1"'''.4 h r.4.."..J '~",.;..., _-.,., i... ,"""","''''..e. ~u. documenl'. ITAMDA"O '0-';" ae (1'-7S1 ')-101 EXHIBIT I Il',...c;,ltl-cf by ome_ 0' ",. I"_._".,."t _"d Bud._t CIRCULAR HO. A.ll0 -' 0 ..... ..... (') <ll 0 ..... s:: Q) ::J Q) to <ll 3 <ll ::J - Q) ::J 0- m - c 0- to <ll - n ~ (') C Q) ., ::t> I -" -" 0 ':::i ..... w 0 ..... '-l OJ - - ::t> , -" -" o 01 I -' Office of Management and Budget Circular A-110 (7/30/76) INSTRUCTIONS Please type or print legibly. lIems I. 2, 3.6.7.9, IOd, lOe. 109, 10i. 101. 110, and 12 are ,e!f.explan.tory. specific instructions for other items are ., 101low': 1,.,..,.. Efttry .. En1f'r the emplcryoer Idenllnc..etlon number au-IRned by th. U.S. Intemal Rt"Vrnut Servlc.e or f1C[ (lnnitution) c.ode. If reqUired by the fe<lenllpons.oons asency. 5 This spece II reM'rv.d for en IIccount number or othf'f identltYlnl numbers thllt milY be> assiRnf'd by the rec.ipient. Enter the month. day. end yea' of the bellinnl", snd endln, of this project period. for formulA 1\"."'1 that 11ft not ......roed on . project balis. shOW the s,ant po rlo<l. 10 The DUrpoou of vertical columnl (a) through (I) II to provide (mential oatil tor each ptogrem, hmC1'0n, end ac1.lvity in the budR~ IS IIpprovrd by the federllllpon. 50rlng .,eney. It additional columns lire needl'd. use liS many adelltlonal forms .s nM'ded .nd Indicate p'r~ number In 'pAcP provldpd .In upper right; however. the tat.ls of .11 programs. lun.ctions or activities should be 5howrn in column (8) of the fin:t pape.. For all'recmtnts pertelnlns to s.c....u.l CIItalas: of Fflderal DomeStic Assistance pro~rems that do nol require II further iunctlonel or ec:1IV'lt)' clu,slftcatlon breakdown. enter under columns <I) through (f) the lUle of the program. for ,rBnu or other luistlnce egrMments containing muttlple programs where ont or more progr~m' reQuire III further breekdown by function or activity. use I J.eperate form for each prO@'fltm "howing the applicable 'unctions or Ilctivltie-$ In the up.ratt columnl. For lumnh or other euistance agreements containing ~eY. erel 'unctions or actiY'lties which ere funded Irom ~tlll programs. prepere a ,epHllte fom'l 'or eech activity or 'unction .....hen requested by the Federei &;'JOnsonng ageney. 106 Enter the net outlay. Tt,ls .mount st\ould be the urne as the amount repone-d In Une 10e of the lest n:por".. If there hes been an Ildjustment to the emount shown Pr"eYk>usty. plDeSt! enech explanation. Show zero If tt,ls ., the Inttlill report. . lOb Enter the tOIDI rrt)t!ls progrem outleY' (less rebet". re1unds. and other C1is.counU) tor this report period. Including dlsbuncmenls of cash rullzed es program income. For reports tNit are prepl~ on . cash basts. outlaY" en the s.um of Bctual cesh disburse. mpr.t's tor gooos and u'rvice~. the amount of Indirect expens.e Chllf'it"d. the value of In-kind contributions 8.pplied. end the amount of cash edv&nces end payments mlldll to contractor, end sub8'~nteC5. For reports prep.a~ on In eccrued expenditure basis. oll\- la~ IlIr~ th. sum o~ actual cash disbursemenh. the amount of Indl~ upense incurred. the value or In. kind contributions IIPpllee::. end the net increase (or oecreas-e) in the emounts o~ by the recipient lor roods and other property re-ceived and tor aervlces per1orme-G by employees. contractors, lubgrantees. end other payees. J".,.. Enfry J()c [n..r the . mount of .n prOs:!'ltm Income re.allzf:<1 In thi, ~nod that is rr-qui,~ ~ the terms .nd con. dittons 01 the federallWlrd to bf' Of"ducted from total p""II"'Ct cosh. ror reports prt:"""d on , cash bIIsh,. en,,,r thf' .mount 01 c.ash inn'tne I.cpjve(j durinR the reportlnE IW'r,od. fo' ,.pons preperP'd on en IIccruel blllis. ent~' the IImounl.ol tncome t.,nl'd since the berinning of the reportine period. Wt.rn the t~rm, or conditions .lIow pro"em Incom!: to be' edded to the total lI'WArd. explain )n rem"rks. Ih. source. IImount end disposition ot the Income. 101 [nt., amount perlalnl"'l to the non.F'~e'el share of prOi'ram outlers Induded In the emount .'?.n line t. 10h [n1er total amount of unIiQ.uldete-d obligations tor this project or pros,."m. includinlj; unliQuldl'ltpej oblirations. to subrrantees and con' rectors. Unliquidllte-d oblt(la. tions are: Cesh bnls--obllletiof'ls Incurred but not .paid: Accf\Je-d expenditure bni..--obli811tions Incurred but IOf which. en outlay he, not been ncorded. Do not inchJde any emounts that have ~n lnclud~ on linn a thtriUrh ,. On the final report. line h should hllve . Jero belanee. 101 Ent.r the Federal share of unliQuldatC"d obliFatlons. ,hOW'n on line h. The amount shown on this line should be the dlner.nce between the emounU on lines h and I. lOk Enter the sum of the lImounts shown on lines E and J. II the r.port Is '10111 the report should not contain any unliQulOartld ob1iB.t~ons. 10m Enter the unobl\glted balllnce of Federzl lunds. This .mount should be the dlf1erenct berween lines k and l. lIb Enter rete In enect dunng the reporting period. 11c Enter .mount of the bau 10 which the rate: was applie<i. lId Enter total .mount 01 indirect cos1 cheried during the "port period. l1e Enter amount of the Federal share cher@e-d durin, the repon period.. II mOAl then one rete was lloplied during the project. perLoc:. include I separate schedule sho.....ing baseS a"einst which the Indirect cost retes were applied. the respective: Indirect rate-s the mon'h. dl)'. end year the indirect 'at~ w~re in eflKt. amounts of indl~t u. pense charf:ed '0 the project. and the Federal share 01 indirect expense charaed to the projecl to date:. A-110:6 .. '\ I .1 Office of Management and Budget Circular A-110 (7/30/76) A-110:7 Approved by OHice of M.n"R!'ment and Budlret. No. BO-ROJ 82 FEDERAL CASH TRANSACTIONS REPORT 1. hdtul ~s,orin, .r..-nq and otlUliuliorul .I~""."t \0 whi(~ thi, "port is lubmtthd (Sce in...~tructicms on the back. 11 rcport i..1 lor more than one gran t or a..~si.sta7lcc agreement. attach completed Standard Form !7.f-A.) 2. RECIPIENT ORGANIZATION .c. r.d.nl rDnl 0( tit... iONltifict. 5. ~eocipi."I'. Kcount "..mbtr ... IiOf' "umber lo.ntifyi". ,u,,,,b., Namt : 6- l.U.,. of uedit ftumber 7. lnt per"''''' '.CHICh., Ml,,"~ NtH,,'urr Givc total number lor this rcriod a'ttoCl St,...d : B. P.ymt:"1 Voochen u.dil.-d I. 9. trM'ury thee\. nui.,.ed (wMCh,..r )'OV, .cc.ou" t ur J\.Ot dtpo.ittd) Cilw. SUIt. 10. PERIOD COVERED BY THIS REPORT o..d ZIP Cod.: 3. FEDERAL EMPLOYER ~ fROM (mo"th, d.d~. VflQr) TO (",.".t.ll., dor ~tGr) IDENTIFICATION NO. a. Cash on hand beginning of reporting period $ b. Letter of credit withdrawals '. c. Treasury check payments 11. STATUS OF FEDERAL d. Total receipts (Sum 0/ lines b and c) CASH e. Total cash available (Sum 01 lines a.JlM d) f. Gross disbursements (Sec Bpecific g. Federal share of program income instructions on the back) h. Net disbursements (Line / minus line 0) i. Adjustments of prior per;ods j. Cash on hand end of period $ 12. THE A\.10UNT SHOWN 13. OTHER INFORMATION ON LINE llJ. ABOVE, REPRESENTS CASH RE- a. Interest income $ QUIREMENTS FOR THE ENSUING Dalls b. Advances to subgrantees or subcontractors $ I . 14. REMARKS (A (ta.ch a.ddit.4onal sheets 0/ plain papcr, if more space is rCQuircd) 15. CERTIFICATION SIGNATURE DATE REPORT SUBMITIED I certify to the best of my knowledge and beliel that AUTHORIZED this report is true in all re- spects and that all disburse- CERTIFYING ments have been made for the purpose and conditions jl OFFICIAL of the grant or agreement, THIS SPACE FOR AGENCY USE TYPED OR. PRINTED NAME AND TITLE (A... Cod.) (N","b..r) (Ez:h_tc") TELEPHONE Z72-101 EXHIBIT 2 STANDAffO rOR~ Z72 (7-76) Pr.v:rib~ by OffICII ("!f M.n",~m.nl lInd AuOQ:_t I " J Office of Management and Budget Circular A-110 (7/30/76) A-110:8 INSTRUCTIONS P!e85. type or print legibly. Items I, 2, 8, 9, 10, lId, lIe, llh, and 15 are self explanatory. specific Instructions for other items are as follows: 1 '-" Entry 3 Enter employer identification number assigned by the U.S. Internal Reve-nue Service or the fleE (institution) code. If this report covers more then one grent or other agreement, leave Items 4 and 5 blenk and provide the information on Standard Form 272-A. Report of Fed. .ral Cash Trenuctiol'lJ--Continued; otherwis.e; 4 EntRr Federal grant number, agreement number, or other Identifying numbers if requested by sponsoring a~ncy. 5 This space rMerved for .n eccount number or other Identifying number that may be auigned by the re- cipient. 6 Enter the letter of credit number that applies to this report. If all advances were made by Treasury check, enter "NA" for not appliCllble and leave items 7 and 8 blenk. 7 Enter the voucher number of the lut letter-of-credit peyment voucher (Form TUS 54(J1) that was credited to your account. III Enter the total amount of Federel cash on hend at the beginning of the reporting period Including all of the Federal funds on deposit, Imprnt funds, and und~ po.ited Treasury checks. llb Enter total amount of Fede~1 funds received through ~yment vouch en (Form TUS 54(1) tnat were credo Ited to )'OUr account during the reporting period. lIc E~ the total alnOlJnt of all Feder&l funds received during the reportinc period through Treasury checks, whet~ or not d~ted. Ilf E~ the ~lll F~I Cllsh dt.bursements, made during tn. ~ period, klclvdlng cash received M Pf"09I"lIm income. Disbursements n used here also include thl amollnt of lldv.nc~ and payments ~ r9funds to subgl'8ntHs or con tuctors, the gross amount o-f direct salariM and weQ'K, includini the Efltry If em emplopee', shllre of benefits if treeted as a direct cost, interdepartmenti\1 ch8rg~ for supplies and services. llnd the amount to which the recipient is entitled for Indirect costs. 112' Enter the Federal ,hare of program income that was required to be used on the project or program by the terms of the grant or agrtten:.:nt. 11 i Enter the amount of all adjustments pertaining to prior periods affecting the ending balllnce tnat have not been included in any lines above. Identify each grant or air~rnenl for which edJustment was made, and enter an explanation for each adjustment under "Remarks." Use plllln sheets of paper It additional space is required. llj Enter the total amount of Federlll cllsh on hand "t the end of the reporting period. This emount should include all funds on deposit, imprest funds, and undepos.ited funds (line e, less line h, plus or minus line I). 12 Enter the estimated number of deys until the cash on hllnd, ,hown on line Ill, will be expended. If more than three days cash reqirements are on hand, provide an explanation under "Remarks" as to why the drawdown wel made prematurety, or other reasons for the excess cash. The requirement for the explanation does not apply to prescheduled or automatic adVllnces. 13a Enter the "mount of Interest earned on advances of Federal kinds but not remitted to the Federal agency. If this Includes any am<XJnt earned llnd not remitted to the Federal sponsorinc agency for over 60 days, explain under "Remarks." Do not report Int&rest earned on advances to States. 13b Enter amount of advance to secondary recipients in' cluded in item llh. .. '\ 14 In addition to providing explanlltlons as required above, Jiw additional explaMtion deemed n.ces~ry by the reei~nt and for in-k>m>lstion required by the Federlll sponsoring "gency in compliance with governing legis. ~tion. Use plllin sheets of paper It addition-III SpllC"e is raquired. (" I .1 " Office of Management and Budget Circular A-110 (7/30176) A-110:9 Approved by Office of MBnell'emen\ fine Bud;.', No. SO.ROlel 1. FEOERAL SPONSORING AG[I~CY ~ND ORGANIZA. 1I0NAL ELEMENT TO WHICH TH~ RlPORT IS SUB. MinEO 3. PERIOD CoVEREO BY THIS Rll'oRT (A. .h""',, on SF 171 ) FEDERAL CASH TRANSACTIONS REPORT CONTINUATION (Thill frn-", ill c"",p/.,.d and allMh,d to Slo,.,u,rd FM""m r71 onlv wh.n T't-pC)'rtin.g TnbTt thon 01'U' pro",' C'lT (1~l!li..,t(1n.t'( a"rt(m~nt.) 2. RECIPIENT ORGANIZATION (Gi,', no..... onlV Q.' ,holt'" in il.", t. SF 171) FROM (~o",h. "'r. .._..) I TO (H_I).. 6or. 1"".") 4. List intorm.lltion below for each tren\ or other 8sreement coverf'd by tnls report. Use add.lioneI1orm:i if more space is reQuired. FEDERAL GRANT DR OTHER IOENlIF I RECIPIENT ACCOUt.:T NU....S(R FEDERAL SHARE or NET DISBURSEMENTS CATION OR O'TH[R IDENTIFYING NUJroII8(R NO DISBURS(MENTS ((;.r.., CUMULATIVE [:5how G ,ubdivi.JiDn bit otheY" idr:nti. ..._."'.............. 11''' ,....~..II... i_ N('T DISBURSEMENTS 'ym" """,,h,.,.. if -equ.irul bV lh. tll''''. ....,....rdl fOR REPORTING f .d.....t>l Sr....""nrAp."cv) P{fUOO lal (~l Cd (d) $ $ , , . - \ . .. " S. TOTALS (Sh.ouli CO"'n"fHlpond .,[lilh a.mcunu Ilh.o1.L1r. on SF ~7t Cl.8 I follov..,: co~t.L17\.n (~) the l'I'a:m..e ~ lint J I h; coJU1TLY\ (d) thl .u"" oj line s J Jh c"d 1 JI. tlf Ihls SF %7f and cumulo.t\vc di.t;bu'urmcnL, a^OWTl 0'"' I $ $ lo.st rcpO"r"t A Hacil ~%pLan.ation of ar.v difl~reJU.tJ,.) i ... 212-201 5T ANDARo FORM 272-/.. (7.761 p,..rrli-.c ~'V Orll..... ('f Mo...oC......-., l'T'd B"d~.., Office, of Management and BUdglt '-cular A-110 (7130/76) .I REOUEST FOR ADVANCE OR REIMBURSEMENT Approwd by Office of M.nA.emenl and BudS... Ho. ~ROIB3 ""GE o. a. --r..... ~ htA. .._. o ADVANCE 0 ~~~TfJURSE. b. .. 0'.... .P~" .... ""GU 2. BASIS OF REQUESl o CA.H 1. TYPE or PAYMENT REQUESTED o PARTIA, 0 ACCRUAL i---rAiTI~L. "AYM[NlR['QU~ NUMBER fOR THIS REQUEST (Set tut".ctiOM DR. ba.ek) J. fEOERAL SPOJt(SORIHG AGENCY AND ORGANIZATIONAL LEMENT TO WHICH THIS RU"ORT IS $.Usl,unED o FlHAL .t. EO[RAl GRANT OR OTH[R IDENTIfYING frilUMS(.R ASSIGNED IV nO(RAL AGENCY a... [MPLOYER IOENTlflCA ON NUMBU' 7. RfCJPI[HrS ACCOUNT "'U"8[1II OR IDENTIFYING NUMBER a. PERIOD COVERED BY THIS RE UEST 'ROW t_.tL. ...... .....r} TO t_lA.. .......-..-1 I. REClpt[NT ORGANIZAtiON 10. PAl C W~.. .MdI....... ._1.. ..,"_. u.- ~__') H._ N_.. H_'" .-.4 61n-. H_'" ~.11._ C......8..... ....,1./rc.: cu"S.... .oJ "t' Cod. : II. COMPl/TATIOH OF AIolOUHT ~ REIMBURSE" EHTS I ADY A/tCES REOUE"STED ..' (..) (b) (t) , , PROGAotoMS/FUHCTIOHS/ACTIVlTIES ~ TOTAL a. Tobl p~re", (A. ./ dot.) outlays to date $ $ $ $ b. z.,...: Cum..l.t...... I)roIIram Income t. ::: ~m outlaY' (Uow .. ......... d. Utfmated net ce.h ovtt.ys for advance period a. T"",' (S..... ./ 1Wl... d: d) f. Non-Fed'r111 tJhe,.. of amount on Mn. . I. f'ederwC .lM.,.. of amount on line , h. federal payment. prhio...aty l'8Quested -. I. ~11i~.~ ""'" requ..tad (I,;"" 11 I. M,.a nee< rlquired by lot month month, wn.n r9qU..tad by rode..., rrantor wr-..cy tor UN in makin, pnoo 2nd month Khe-dvled advances 3r-d month 12. AlTl:RNATl: COMPl/TATlOH FOR ADVAHCES ONLY a. E.atimelad Fed....' cash O<I\loy. th.t will bo mad. dun,. per10d toYeAd by \he wdvar1C9 $ b. Lu..- Estlmllted balance of fed.re' cash on hand ., of belrinning of advance period c. Amount reqUeM~ (LAM (l ""","""", li1W b) 11, s CUfTlf1C.IHlOH SIQMA TVRE or AI/THO_IIlO CDl:Tlf'YINQ o,nCIAL OA TE REQUEST SUBNlnED I u.my that '" tho boo( of my knowlodtr< end beliar the data aboYe ue correct and ttwlt all outleY'> were made in accordance TY"lD OR. I"1II...,T[O HANt: AND TtTL( with the 'F'8nt condition. Of othet' ..'"' ""M and that peyment i& due and he. not -- p_.ty P9Quwwtod. A_ c-<. H_"_ .. ........ n:U"'40H[ 1101. spoKe for ....-r .... ''''''''0' EXHIBIT 3 aTA.NQ.Nm r"OMiiI no (1-76) I"n-.ctfbed by ()fftc.e Iff M."....,..,.nt .nd a~ CIRcuLAR NO. A.1I0 Federal Grants ManaQement Handbook September 1978 A-110:10 'I .. Appendix I I C'r' I " J Office of Management and Budget Circular A-110 (7/30/76) INSTRUCTIONS Please type or prinllegibly. Items 1. 3. 5. 9.10, lIe. lIe, I If, Ilg. IIi, 12 and 13 are self.explanatory; specific instructions for other items are as loltows: I(rm Efttrv Indicate whether reQuest " preplred on cash or ac' cruN! e..pendlture basis._ All requcsU tor .dv.nccs shall W prepared on II CUh basis.. [nter the Feder.1 grent number, or other identifying number .s.signed by the 'Feder.1 sponsoring agency. It the advance or 'eimbu~ement i. lor more than one lI'''8nl or other a.,e-ement. Insert N/A; then. show the _Slre,.le amounts. On .. M'parate sheel. It"t .ach gran, or asreoement number and the Federal sh.re of outlays made ageinst the S,.nt or agreement 6 [nle, the emp~yer Identification number anignt<l by the U.S. Internel R~enulI! S.rvice, or the nCE (institu- tion) cOde if r"e'Qunted by the Federal .Heney. This 'Pl'lc. is reserved tOf' an account number or other IdentityinE' number that may be: .nigned by the rKipient. Enter the month. day, and yelr tor the beginning and ending 0' the pe-riod eo~red in this reQuest. 11th, ,.. Ques1 is tor an advance or tor both an advance and re. imbursement, Show 'hI' period that the advance will ccwer. If th. reQuest Is 10r r.imbunemenl. s.how the period lor which the rtimbonement is requested. Note: The Fedtt'lll sponsori"s .gencies have the option of reQuiring r"e'Cipi""ts to complete items 11 or J 2. but not both. Item 12 should be uled when only e minimum amount of intormetion is neeoded to make an advance .nd outlay intormation contained In Item 11 can be ootain.d In I timely manner from other report,. II Th. purpose of th. vH1tca' ~umn. (a). (b). and (e). is to provide .poet!! 10r sepel"Bte cost b~akdowns when e rro;ect Nil been planne<l and bvdaett'd by pr08'f'lm. function. or activity. II additional columns ere needt'd, It""" Entry use IS many addition. I torms as n.-eded and ind,ute pase number in space pf"OYided in upper right; ~. ever. the summary tat.als of .11 progr.ms. functions. Of' activities should be shown in the "total" column on the' tln.t fNlge. I Ie Enter in "u 01 d"te". the month. d!lY. end year of the .nding 0' the accounting period to whir" this .mount epplie5. Enler program outlay, to dalt' Il'el 01 relunds. rebeles. .nd dlscol.mh), in the eppropn.'f: columns. for requt"'Sts J'lrepared on . cash basis. ouUays ere the 5um of .aual cash disborwm..nt.s '01 Roods and Ioerv. len, the amoun' 01 indire<t upenses Cha'leod, the v.lue of in.kind COI'llribulicw,.I Ilpplie-d. and the .mount of CMlh advances and p,ayments made to subcontrac. ton and lubr';Cipients. for requests pr8f'8red on In accrued e..pendllu~ basil. outlays lire th. sum of the actual cash dlsburnments. thf' "mount of lndirect u.. pense! incurred, .nd the net inc'ease (or dKrease) In the .mounts owed by th. recip1ent for 10ocS$ and other pro~rty recf"iveod end .Of' ,ervice-s. ~"onne<f by em. ptoyees. conttllcn. lubgntntees end oth.r P8y~s. 1 J bEnt.' the cumu\atJve cash income received to date, H reouHts ar. ",,-cp8red on .. cash buis. For rrqut"'Sts prepared on an aecr'\H'd ell:pendtturt bas-is. ~nter the cumulative income eamed to date. Undeor etth.r Desis. enUr only the emount applicable to progntm income that ... rf'Qulred to be used tor the project or pro- .'em by the terms of th. gn'"t or other .greement. lId Only when milking requests tor edvanctI peym.nt!, enter the total estimated amount oi cash outlays that w;1l ~ m.d. during the ~riod cov.t'!!d by the advancl':. 13 Complet~ th~ certiflc.tion Mfor. wbmirting thil request. .. A-110:11 '\ I J .', Office of Management and Budget Circular A-110 (7/30/76) A.pPf"Oy~d by Office 0' Men.rement end PACE or OUTLA Y REPORT AND REQUEST FOR REIMBURSE. Budgn, No. BD-ROI81 ..AQE! MENT FOR CONSTRUCTION PROGRAMS 1. rYP( 01 REQUEST L ""SIS Or R[QUtsl (S.., in"'T'1.ld,(nLI 0'1'1. ba.ck) o fiNAL o PARTIAL o CA!.H o ACCRUAl J. HD[III.Al SP()"lSORtNO ACUofCY ,AWD ORGANIZATIONAL (L[lollN'T TQ 4. rrO(RAl CA."NT 0" OTH[A s.. 'AAlIAL f'''YMUIIT "H.QUEST "0. WHICH THIS R[PORT IS suewlntD ID[NTININO NUMBER ".$.StCPUD BY 'COrRAL AC[NC, L ~~:''eO[YLll['' IO[NTlnCATlON 17. ",C"I[NT 'CCOUNT O. OTN" rtl10D corOl'tll ., TMrs .ron IOlNTlnlNQ HUiloI8Ut '''0'' I"'~ ~,. ...--1 10 1"'-'" ...", ...-1 to AtCll'1tHT O'Ul,...,..IZATIOJIC ID. rAYU I"........ -.-..Jw.U H -.. U 41.1--' u.- M- ,) H._ , H_ , H.. .-J. Ho.~ ..- , ...... , Cu" cu,. .s...u .wwl "I..... ..J. rlf> eM" : ZIP C....: II. STATUS or f\JNOS PROORAMS-rU NCTION s-,>,CTlVI T 1[5 CLASSlrlCATlON (0) (b) (e) TOT"L ..- .. Adminlstretrve u,pcnu $ $ $ $ b. Preliminary expenM c. lend, stNctures, nght-of.wey d. Archltt'Ctutlll engineenn, beslc ,"" I .. Other en::hlte-ctural englneertnl f~s I. Project Inspection Ion g. Land development h. Relocl!:Uon expense I I. Relocation peymeoU to Indivlouall end buslness.e, ). DemoHtlon end ",move I . k. Construction end projKt Improvement cosl I. E.ou,pm-ent m. Miscellaneous cost n. Total cumullUve to dete (sum o(linC'S I I I fI lhru m) o. Deductions lor progralT\ income I I p. Net cumulative to date (Line n minus I line 0) ~. Federal snere to Cate I I r. Rehabili1ation Irants (1000/, r.im./ I bursement) .. Tota' Federal share (:.um of Iinu q I I I and r) I. Federal payments prf'v.ously ~'I I I quested u. Amount ~~U"I.~ 10' '.;"'bu....m.nt I $ I $ I $ I $ v. Percentage of t)flysieal completion 01 proj.cl % % % % 12. CERTlrlCATION SICNA1UA[ OF A!J1HORIZ[O CEAllnlHC OF"fICIAt.. , OAn REPORT SUBMITTED I T[L[,.HOH( IA__-'-. .._b.......... .-1-1 OA.Tt. SICHED 1 certify th.e;t to the best of my knowledgf' end belier the billed costs or disbu~e. menh are in 8ccordlH)Ce with the terms of the project and that the reimbu,.nm~nt represent, the Federal shere due which has not been previously reQu!'$teG find tnat In inspe<:tion h2ls be>en per10nned and 1I1l work is 'n accordance with the terms of the 8Wi1rd. ., R[CIPI[NT b. ReDreseontativf' certityinE to lint 11.. I TYP[D O. PRINT[D N....["""O TIlL[ I T[l'(PHON[ IA~_ f'....u ,..-.Il........_~..1 211-101 ST.""O"'RO ro"" 271 17_76~ ,.......,......,., (\ff'~........."._......O"O'\..-.cl'h..~ EXHIBIT A.110:12 .. '\ I J Office of Mam~gement and Budget Circular A-110 (7/30/76) INSTRUCTIONS Pip".. type (l( prinlleglbly. Iiams 3.~. 5. 8. 9. 10. 1 h. and llv are ..If,upl/l......tory; specific instructions tor ol.h.r Items.,. as follOW$: h.... .....,. Jl;4.~ .... ........"....te INK.. H the reQue3t ... ,.,,~. the a~ .....4 .....Id ~ lhe "....1 (lII09t of the ~ 2 B~ wtl..th_ ......,nts a" ~ en ." ~ ~ndtwN ei( c.eh tft.~...c ~. . ......, ..... .~r ktlPntl~ "umber ......""' by the U.S. In'.1'1'WI4 Re'Y'."".~. fer net (."s1lt\ltlon) 00<1. N _uene4 .,. _ ~ed....1 _o>q>J. This .,..c. k ~ tor an accoun1. nurnb-r et' ett\K I6enltly.... nu_ _ mey M ._'-.... by "'" r-IlMen\. II The ,.....,ow M _I _m... 101 through Ie) k to ,.""",,0. ..-or ~ MfNI,.... ...-( .......~ ~ . -"P4I p~ hat ~ ~".... aM ~ed by pft)- ...."'. tv.ftetto" 8( ...-ttvttr. " M~ ~nc II'" .-.dlld, UM .., "".ny .ocUtion81 tenn& .. .....-ded .IMI' ""db'. ,... ........,""..,.... ~ in.,.,..,..... right; ~r. .... .....m.a"Y toN" .r .M ,."'<<,..~ tu.... """1, C'" ..~ .hould t.t ~ In ,he .'"'tota'- ~um" It" the ftM ,.... All .~ .,. ~... .. . Ml'mU~ be.... 114 In.,. ameu""- .,.ndeod.., woh Ihms.. tTtrwII. ~I _. .....ul. ol _1_ .nd .... _ edmlnlot..ltve ...,....~. "'-Iud. .... emeuM of lntet'ftlt ~ wtl... .~ by progre'"- ........Uon. IJa,o .how \he .mount M ~............ . _perMe Ilhe.t.. II_ __ _ -'"'ng .. _ -n< ol 1ecM;.., .nd I!Ies.4cnJnc. w.eldng s.u~ ~ m.-ps" siRktnlf ...... 1001.... .nd .. _ -n< ~I.-d prio< ID _I eOlI~.c;jIlll. He .........R .mounts dlroctly __ ""'" \he......... _ wt Iond. ......, IltNCtW_ .ne related rIBht-o!. _. IIC _ _ _ Ie< _ wt .,.hlt-...I ....___ J l. E.ttWor ~ ~tt.cturwl "'~nc ~. Do not lnc:luo. ..,.., .~M:s ~ .. Kne d. III ,_......-~ _ _ """'" ol _....-.... _ - ,.....-. IIg [_ 011 __ __ _h .... __ Df a....d ~.nr the ~ 1It~ of the rant ;. .net ~_. The ._ ,........."1 10 Iond ............ Jftef'IIt ~ .....a..:et4 'fIIl"ith rn.jor C*"ICiructiof"l ~ .... ...c:W-"" ~ lIMe "'-.r<MY -.nd .ntenld on -~ Ilh ltne<_........._.-... ~..- ~............rtd....t CO'J'U 04' ~~....,... ...., f'ecI _). Do """ inchod. __ _ed lor" ...........ton NlT'fini~jw ~~ theee arncll'\,lnG ~ be ~W4M4 W. ~ Ilh...", onlwM a. IIi [.mer.... .rft()un( e( ~ioft ~)"'ITlrnt:s ~ ~.... ~ip~ \0 lIII'.poUNd ,...,-.0"'. '.I"ft"K. busi"'-S eon. c.ms.. and non,.,.._ otyenlZ.8'tion&. 'I.- .~ 11' flew p"08Ia IIftl."... ..-d ~ af emr'lOY'" of the Ndp6.nt ...c:I ,..)'"M"""tl to .....rd perty c.ontnK1ors ej,. ,.,c:Uy ~ in pertonnt"g d~ion Of" ,~l 0{ ..~ 'tOm ~ NU'Id. AA proc..-da tram 1h. ..... 0( ~ "" ..,. I'9IfnOV8I of strvC'tur.. .hould be cndfted to 1hM IICCOUnt; tt~r"I!tby reftKtinl ne{ .....ou..u it fleqUind by th4I hde...1 aaeftllr)'. 1111. [...., thoee .mowflllt.s IlUOC....ed wt1:h the actual con. IlIInH:tion of. e.6diUo.. \10, or rntoratior'l of a facility. N.c. lndude in .his CIft~, the amounts for pro;.ci. 'm~ ...eh a, -..wen, .,........1. I.lltd.elp("&.. - 1OPtifC. 111 [nt_ .~nb fer ." eqvtpme"". both .hll'd .nd mo'f'. .bh.., .-eN""'" .. ~Iprnent ul-t'd tor con.truction. rOf exAm"". ".m\.8....mty ,,"-ached leb0r8tory tab.u, bvu(. ... ...)(110 ""-uet -yo""" ~(WatH. onks, chai". .nd Iabonolo<y equ;pm-L 11", ~.... ~nb lOt aM M.em. no( 1p.e<:1f\c1l1?, me". -.... -. 11f, EM.... t.... total. eum,,"Uvt .......oun{ to dote .........Ich w.ouki~"'" Mtt'ftof anes a "~h m. 1 Le Ibwter the total afnOUnt 01 program ."come applied to ..... rant << c:ontntOl. ..,.....,nent. ..cep( income In. .......... ~ an. J. klenUty Of'! . "p"reb .h.... 01 p.Ilpef ..,. aoun::es .nd ~ ol ~ l....m... 11, fttt.... tt... r..c. cumu~ amount to dote: which .hovkS be the .........c. ......... on NM n minus the _mount ... line o. 1141 _ the __ _.. Df ... .mount .how" on II... p. Ill' Entet the ..,.,..,.,.. of rehebUtbtlon rrant p.eymenh fInlIodeo 10 lndNWuek ......,." pf'OI',..m ",-i.let.,... providn 100 ~ ~ .,. 11>0 federal .wonC)'. lit Ent... the kUI _ wt F_...I pern-ts ~iously --. " IhIc h>mI lo ..- to< ~& r..m. .........-.. }1., 1.Mer.... MnOUr.c: now ~nr rwq~"'" ~rM' I'n...t. n. ~ ~kf M tt't4 .Ii"..,~nc. be1'we.n the .."........ --.. ... I.ine.I. I .nd t. If d i "..n nt, ... ,.w..-._-- lh To M ~ed .,. .... ~ oll\Cle{ ..no it r.. ~ ...... ttM ~taon at .... Pt'Olf"'llol'T\. Th. o.t.. ahouId be .... .ctu.l "'It t.... Iotm I~ lubm;ned \0 th. Fo6efal w_. 12b To be ~"ed by.... of"I"tcN.I repn-Ml"'all..... lI"ho _ c:.rtttyinc \0 the ~n( of pro;ed compl.tion as ~ed tot in Itw .....,.".. 0( the .Alnt Of ..c.......",.nt. A-110:13 '\ I Office of Management and Budget Circular A-110 (7/30/76) AnAcHMENT H.-CIRCULAR No. A-110 MONITOJUNC AND IlEr'ORTJNG J'ROGRAM PERf'ORMANCE 1. This attachment sets forth the proce- dures for monitoring and reporting program performance 01 recipients. 2. Recipients ShRll monitor the performa:lce under !:rants and other agreements and. where appropriate. ensure that time sched- ules are being met. projected work units by time periods are being accomplished. and other 'Perlormance goals nre bel ng achieved. This review shall be made for ench program. function. or activity of each agreement as set forth In the approved appllcatlon or award document. 3. Recipients shall submit a performance report (technlcnl report) for ench I\greement that brleny presents the following Informa- tion for each program. function. or f\ctlvlty Involved ItS prescribed by the Federal spon- Boring agency: a. ^ comparison 01 I\ctual accomplishments with the gonls established fO,r the period. the nnc!lnp of the Investigator. or both. H the output 01 programs or projects cnn be readily quantlned, such quantitative data should be related to cost data for computation 01 unit costs. b. Reasons why establlshed goals were not met. c. Other pertinent Inlormatlon Including, when ..pproprlate, analysis and explanation of cost overruns or high unit costs. . 4. Except as provided In a nnd b below, and In subparagraph 3n( 1), Attnchment G, recipients shall submit the performance or technical reports to Feders.l sponsoring ..gen- cles and the Financial Status Reports cov- erln!: the same period In the frequency estab- lished by Attachment G of this Circular and, where Bpproprlnte, a final technical or per- formance report after completion or the project on a dnte specified by the Federal sponsoring agency. The Federal sponsoring agency shall presc,rlbe the frequency with which the performance reports wlll be sub- mitted "1th the request for ad,'ance or reim- bursement when that form Is used In lieu of the Flnnnclal Status Report. Except as pro- vided for In parBgraph 5 belo"', perlormance reports shall not be required more frequentl~' than quarterlj' or less frequently than an- nually. Federal sponsoring Bgencles may ":alve the requirement lor recipients to sub- mit perlormance reports with the financial rcports under the following circumstances: a. When the reCipient Is required to sub- mit a perlormance report with a con tlnua- tlon or renewal application. b. When the Federal sponsoring agency de- termines that on-site technical Inspections ..Old certified completion de.t:>. will be sum- clent to eval uate construction projects. c. When the Federal sponsoring agency re- quests annual financial reports on a fiscal year basis but It IS necessary to get l\nnunl prcgress reports on a calendar year basis. 5. Between the required perlorman~e re- porting dates. events mny occur that have sl!:nlficant Impact upon the project or pro- gram. In such Instances. the reCipient shl\ll Inlorm the Federal sponsoring agency as soon as the loll owing tj'pes or condl tlons become knou'n: a. Problems. dell\j's. or adverse conditions that wlll materially anect the ability to I\t. taln program objectives. prevent the meet- In!: or time schedules nnd gOl\ls. or preclude the attaInment 01 project work units by es- tl\bllshed time perlods. This dl~closure shall be accompanied by II. stl\tement of the nctlon taken. or contemplll.ted. and any Federal as- Sistance Deeded to resolve the situation. b. Favorable developments or e"ents that enabje time schedules to be met sooner than I\ntlclpl\ted or more work units to be pro- duced than orlglnl\lly projected. S, l! an)' performance r.... I e..... conducted b\' the recipient discloses the need lor change I~ the budget estimates In accordance with the crlterlll. established In Attachment J Co this Circular. the recipient shall submit a re- quest lor budget re,'lslon. 7. The Federa) sponsoring agency shall make sIte visits II.!' frequentlj' I\S practicable to: a. Review program accomplishments and management control systems, and b. Provide such technlcnl I\sslstance as ml\l' be required. 8. Federl\1 sponsoring Rgencles 5hl\1I submit proposed technical and performance r*'ports to the Omce at lIlanl\gement I\nd Budget for approvl\1 In accordl\nce with the report clear- I\nce requlrements of OMB Circular No. A-40 as re,'lsed. AnACIlMENT I.--CIJICULAR No. A-IIO P^ \" M!:N'T REQUIRE:MENTS 1. This attl\Chment estn.bllshes the re- quired methods 01 making payments to recip- Ients. These methods will minimize the time elapsing between the disbursement bj' these recipients and the transfer of funds from the United States Trel\sury to these reCipients whether such disbursement occurs prior to or subsequent to the transfer of funds. 2. Paj'ment.s can be made to recipients through a letter-ol-credlt, nn advance by Treasury check, or a reimbursement bj' Treas- sury check. The followln!: definitions apply lor the purpose of this attachment: a. Letter-o/-Credil.-A letter-at-credIt Is an Instrument certified by II.n authorized om- clal or a Federal sponsoring agency that au- thorizes a recipient to draw funds .....hen needed lrom the Treasury, through a Fed- eral Reserve bank and the reclplent's com- mercial bank, In I\ccordnnce With the provi- sions of Treasury Circular No. 1075, as re- vised. b. Advance by Treasury check.-An ad- \'ance bv Treasury check Is a payment made by a TreltSurj' check to a reCipIent upon I~ request before outlays are made b~' the recIpient, or through the use of predeter- mined payment schedules. c. Reimbursement by Treasury check.-A reimbursement bj' Treasurj' check Is a Treas- ury check paid to a reCipient upon request lor reimbursement from the recipient. 3. Except for construction grants and other construction agreements for ......hlch op- tional payment .methods are authorized. as dcscrlbed In paragraph 5. the letter-of-credlt method shall be used by Federal sponsoring agencies If all 01 the follOWing condItions exist: a. 11 there Is or wUI be a continuing rela- tionship between a recipient and a Federal spc-nsorlng agenc)' lor at least a 12-month period and the total amount of advance pay- ments expected to be received withIn that pe- riod from the Federal sponsoring agency Is S250.000 or more. s.s prescribed bj' Treasury CIrcular No. 1075. For JOint funded projects the Treasur)' has authorl.zed a dollar criteria or SI20.000. . b. il the recipient has established or dcm- onstrated to the Federal sponsorlns I\gency the wllllngness and I\blllty to maIntain pro- cedures that will minimize the time elaps- Ing between the transler or lunds and theIr disbursement b~' the recipient. c. l! the reclplent's financial ml\nagement s\'stem meets the standards lor fund control and nccountablllt)' prescribed In Attachment F to this Circular. "Stnndards for FInancial Mnnagement Systems." ~. The method 01 advancln!: funds by TreMur\' check shall be used. In accordnnce .....lth the pro,'lslons or Treasury Circular No. .I A-110:14 1075. ",'hen the recipient meets 1\11 of the re- quirements specified In paragraph 3. above. exeert tho," In subparagrl\ph 3a. 5, The reimbursement bj' Treasury check method shl\ll be the prelerred method If the recipient does not meet the requlrement.s speCified In subpl\ragrl\phs 3b and 3c, I\bove. At the option of the Federal sponsoring I\gency. this method may also be used on any construction agreement, or If the major por- tion of the prop I\m Is accomplished through prlvl\te mIHket finl\nclng or Federl\1 10l\ns, and the Federnl asslstl\nce constltu tes 1\ minor portion 01 the program. When the re- Imbursement method Is used, the Fedeml sponsoring agencj' shall make pl\yrnent within thirty dnys alter receipt of the bIlling, unless the billing Is Improper. G. When the letter-ol-credlt procedure Is used. the recipient shall be Issued one con- solldnted letter-ot -credit whenever possible to cover I\ntlclpated cl\sh needs lor all grl\nts and other agreements awuded by the npoll- sorlng ngency. Llke....lse. to the extent po..l- ble. when the advnnce by Treasury check method Is used. advnnces should be cun- solltlated (pooled) for 1\11 grants and other ngreements made by the sponsoring agency to that recipient. . , 7. Unless otherwise required by \1\,,', Fed- ernl sponsoring agencies o5hl\lI not wllhhold paym!nt.s for proper chuges made by recipi- ents at any tlme during the project or pro- I(rl\m perlo'd unless (a) a recIpient has failed to complj' with the program objectives. award condl tlons. or Federal reporting require- ments: or (b) the reCipient Is Indebted to the United Stl\tes, and collection 01 the In- debtedness will not ImpaIr accomplishment 01 the objectives of a project or program sponsored by the United States. Under such condltlons. the sponsoring agency may, upon reasonable notice. Inform lhe recipient that pa~'ments w1l1 not be mnde lor obllgntlons Incurred alter a specllled dl\I.e until the conditions nre corrected or the In- debtedness to the Federal Government Is liquidated. ATTACHMENT J.--CIJICULAIt No. A-lIO REVISION or FINANCIAL rL.ANS 1. This attachmen t sets forth crl terla and procedures to be followed by Federal spon- sorln~ agencies In requiring recipients to re- port 'deviations lrom financial plans and to request approvals for financl..1 plan re~ visions. 2. The financial plan Is the financial ex- pression 01 the project or program as ap- proved during the application I\nd/ol' l!ward process. It may Include either .he Federa~ and. non-Federal share, or only the Federal share, d:pendlng upon sponsoring agency require- ments. It should be related to perlormance for program evaluation purposes whenever I\pproprlate I\nd required by the Feder..l sponsoring agency. 3. For nonconstructlon awards, recipients ~hall Immediately request approvals lrom Federal sponsoring I\gencles when there Is re:lson to believe thl\t within the next s:ven dl\Ys a revision wlll be necessary for the 101l0,,'lng reasons: a. Changes I n the scope or the objectl\'e of the project or probT"am. b. The need for additional Federal fund- In!:. c. The transfer ot amounts budgeted lcr Indirect costs to absorb Increl\ses Indirect costs or vice versa. 11 approval Is required by the Federal sponsoring agency. d. The expenditures as require appro,'nl In I\ccordance ,,'Ith FMC 73~. "Cost Principles lor Educational Instltutlons." For all othcr awards. appro,'al requIrements lor other Items of expenditures may be Imooned II they arc consistent ,,'Ith those In FIIlC 73~. No other requirements for speCific Items may be I Office of Management and Budget Circular A-110 (7/30/76) Imposed unless .. devl..tlon has been ..p- proved by the OIDee or Mana.gement o.nd Budget. e. ~clplents pl"n to tr"nsIer runds "lIotted ror tr..lnlng ..lIow..nC<lS (direct payment.s t.o trainees) to other c..Legorle6 or expense. (. None or the substantive programmatic work under.. gr"nt or other agreement may be subcontracted or transrerred ....Ithout prIor ..pprov..1 of the Federal sponsoring ..geney, This provision does not "pply to the purchase or 8upplles, DULterlnl, equipment. or gener..l support servIces. S. The Federal sponl'orlng Il{;ency may R150. n.t Its option, restrict transler.; or funds tlJT\ong dIrect cost cn.tegorl"" lor awnrds In v..hlch the Federal shnre exceeds .100.000 when the cumuln.tlve amount or such trRD6- Icrs exceeds or Is expected to exceed !lve perCDnt of \.he total budget as la....t n.pproved by the sponsoring agency. The s"me crIteria shall apply to the cumul...tlve amount or transfers among prograln6, functions. nnd aotlvltles when budgeted separately ror an awn.rd, e~ept that the Federal &ponsorln!; "Senc)' &hall perrnl~ no trn.nsler tbat would c..use ..nl' Federn.] npproprlatlon, or pnrt thereof, to be used for purposes otber than thooe Intended. 6. All other' changes to nonconstructlon budgel.s, except for tbe changes described In pnr..graph 8, below. do not require ap- proval. This Includes tbe use or recipIent funds In furtherance of program objectives over and ..bove the recipient mlnlmum sbare Included In the a.pproved budget. 7. For construction a....ards. reclplenl.s sh..lI request prior ...pprovals promptly from Federal sponsoring Il{;encles for budget re- visions wherever: a:. The revision resul ts from changes In the scope or the objective or tbe project or program, IUld b. The revision Increases tbe budget amounts of Federal funds needed to com- plete the project. 8. When a Federal sponsoring agen=y makes an ay,'ud thn.t provIdes support, ror both construction ..nd nonconstructlon work, the Feder..l sponsoring agency m..y requIre the recIpient to request prior "pproval from the Federal sponsorln!; Il{;ency belore m~kln!; any rund or budget translers between tlle two types or ""ork su;>ported. 9. For both constructIon and non construc- tlon awards, Federal sponsorIng "gencles shAll require recipients to notlly tbe Fed- er"l sponsoring agency promptly ",'henever the ..mount or FedenURuthorlZed funds IS expec"t.cd to exceed the needs or the recipient by more th"n 1;5,000 or flve percent of tbe Federal award, whichever Is greater. This notlllca.tlon will not be required If a.ppllca- tlons for adds 1l0nAl fundJng are submlt.te:1 for continuing grants or contra.cts. 10. When requestIng approval lor budget r~vlslons. reCIpIents shall use the budget fonns th"t were used In tbe application unless a letter request ...111 suffice. II. Within 30 calendar days from the dn.te of receipt or the request for budget re~:- slons, Federal sponsoring "gencles sh,,1I re- vl~"" the request ..nd notlly the recipient whether the budgct revisions have been ap- prove<!. II the revl"lon Is stlll under con- slderallon a.t the end or 30 calendar da\"S tr.e Federal sponsoring ngency shall InfO~"'; the recipient In WTltinr 01 the date wben the recipient mRY expect the decL~lon. ATTACHMENT K.--<::lRcu0.n No. A-lID CLOSEOUT rnocrnURES 1. This attachment, prescribes untlorm closeout procedures for Fede"'l brant,,; and other ngr~ments with recipients. 2. The follOWing deftnl tlons shnll apply for the purpooc of thL~ attachment: ... Cw...eoul.-The closeout of a grnnt agreement II; the procc..... hy whlcb a Federal "pon.sorlng Rj;ency detenn!ne5 tll"t all "p- pllcable administrative actions and all re- quired ....ork of tbe ~eement have been completed by tbe recipient and the Pederal sponsoring &gency. b. Dole 01 complction.-The dale 01 com- pletion I" the date on whlcb all wort under gra.n1.6 a.nd otber ~eementJ! Is compleLed or the date on the awa.rd document. or any . supplement or amendment tbereto. on wblch Pederal sponsorship ends. c. Duallowcd co~t~.-Dlsa.llowed cootJ! "re those chnrgcs to .. grn.nt or otbcr &greement that the Pedernl spon.o:orln(: a.gency or IL~ representative determines to be unallow- ..ble, tn "ccordanC<l wtth tbe applicable Fed- eral cost prInciples or other conditions con- tained tn tbe ~eements, 3. All Pederal sponsoring &gencle.. shall es- tabllsb CI05eout procedures tbat Include the followln(: requirements: a. Upon request. the Pederal sponsoring a[:eney shall mILke prompt pnyments to n recipIent for "Uowable rclmburs"ble cosl-'; under the gTant or otber "gTeement bclng elosed out. b. The recipient sball immediately rerund nny balance of unobllg"ted (unencumbered) c!LSb that tbe Federal sponsorln(: agency has advanced or paid and tbat Is not autborlzed to be retained by the recipient ror use In other gTa.nts or other agreements. c. The Federal sponsoring agency sball ob- tain from the recipIent witbln 90 calend"r days after the date of completion of tbe "gTeement all linn.nclAl. performnnce, nnd otber reports reqUired as the condition of the lYP"eement. The ..gency may grant extensions ....ben requested by the recipient. d. When ..uthorlzed by the grant or otber agTeement. tbe Federal sponsoring a.gency sb..lI mAke a settlement for any upward or downward adjustments to the Federa.l share of costs after tbese reports Me recelvcd, e. The recIpient shall "ceount for ..ny prop- erty ""qulred ....Itb- Federal runds. or re- ceived from tbe Government In ..ccordance wltb the pro~lslons or Attachment N to this Circular. Property Mana.gement Stnndards. r. In tbe event a final audIt hOoS not been performed prior to tbe closeout or the gTant or otber lYP"eement, tbe Federal sponsoring 'llgency sball ret.aln tbe rlgbt to recover nn appropriate amount a.fter fully considering the recommendations on dls..llowed coots re- sultln(: rrom tbe lin,,1 audit. (. SuspensIon a.nd termination procedures are contntned In Attachment L to tbls Cir- cular. ATTACHM!:NT L.-CIJlCt1LA1t No. A-lID SUSPENSION AND TERMLNA.TION PBOC"E:.DU"ftLS 1. This attachment prescribes unUorm suspension and termination procedures for Federal gTants a.nd otber agreemenl.s wIth re=lplents. 2. The following definitions sha.ll apply fer the purpcse or this attachment: a. Tcrmination.-The termination of a gr"nt or otber agreement menns the cnn- cellatlon of Federalspon.-.orshlp. in whole or In pnrt. under an agTeement at "ny time prior to tbe date or completIon. b. SU3pcnsion.-The suspension or a. gTant or other agreement Is a.n a.ctlon by a Federal sponsoring Il{;ency that temporarily su.'- pcnds Federal sponsorship under the g-rnn t or otber agree9'ent. pending corrective ac- tion by the recipIent or pending a decision to terminate tbe gT"nt or other agTeement by the Federal sponsoring agency. ;I. All Federal sponsoring a.cencles shall provlOe procedures to be follo....ed when a recipient bas failed to comply w1th lhe terms -' A-110:15 or the gr..nt or other ag-reement Rnd condi- tions or stnnd..rds. When thRt occurs. the Ft'der..1 spollsorln!; ..gency mRY, on reMon- able notice to the recipient. suspen,d the gr"nt or other "gTeement, ..nd withhold fur- tber p"yments, prohibit the recipient from lucurrlng a.ddltlon..1 obligations or funds. pend In!; corrective nctlon by the recipient, or " decision to termination In ...ccordo.nce with paragr"ph 4. The Federal sponsoring "geney shall a.llow ..11 necessnry and .proper cos1.6 that tile recIpient could not rea.onablv avoId during tbe period of suspensIon provld~d that tbey meet the provisIons of the nppllcable Feder,,1 cost principles. (. Fedeml sponsorln!; agencies shall pro- vide for the systematic settlement of ter- minated gra.nts or other agreements Includ- Ing the following: a. Term/nation lor cause.-The Federnl sponsoring agency ninl' reserve the right to terminate any gTant or other agreement In wbole or In pnrt at any tlme berore the dn.te 01 completion. whenever It Is determined that the reclplen t has failed to comply with the conditions or the agreement. TI1e FedeTlll sponsorIng ngeney shnll promptly notll)' the recipient In wrltlng or the determlnntlon and tbe rensons ror the termination, together v.-ttb the e!Tectlve dnte. PRyments made to recipients or recoveries by the Feder,,1 spon- sorln!; agenclcs under g",nts or other a.gree- ments termlnnted for cause 1.hnl1 be In ..c- cordance with the legal rIghts nnd liabilitIes 01 the parties. b. Tcrmin<1tio-n lar convenic7Lce.-The Fed- eral sponsorln!; agency or reclplen t may ter- mInate grants and other agreements In whole or In p"rt when both parties agree that the contlnuntlon or the project would not pro- duce bencficlal results commensurate with tbe further expenditure 01 funds. The two parties shall n.gTee upon the termlnn tlon con- dltlons. Including the e!Tectlve date and, in the CllSC of p..rtlal terminations, the portion to be termlnat.e<l. The recipient shall not Incur ne"" obllg..tlons for the termln..led por- tlon arter the effect"'e date. and shall c"n- cel a.s many outstanding obligations as pos- sible. The Federal sponsorln!; agency shall a.llow rull credit to the recipient for the Federal sha.re of the noncancella.ble obliga- tions, properly Incurred by the recipient prior to term In a.tlon. ATTACHMENT M.-CIRCU'_AR No. A-lID STANDARD FORM FOR APPLTINC FOR T:E;DEAAL ASS1STANCE 1. This atta.chment ..,romulg",tes a stand- ILTd rorm (SF 424) to be used by public "nd 'prlv..te InstltutloOlS of hIgher educaUon, publIC and prIvate hospitals ..nd other quasl- publiC and prlva.te nonproftt orgnnlzatlons as a f"ce sheet for "wllcatlons when applyIng ror Federal gr"nts under programs cover~d by P..rt I, Attachment A, OMB Crlcular No. A-95. In addltlon, agencies are partlcul"rl)' encour..ged to etxend the use 01 SF 424 to common programs v.1th State and loc"l gov- ernments where this form Is now required by FMC 74-7. 2. The SF 42( mal' also be used. on ..n op- tlon..1 bnsls. to fulftll the requirements of OMB Circular A-95 ror a notlflc"tlon or In- tent. from applicant to clearinghouses, that Federal nsslstance ....111 be "pplled for. Local or State clearinghouse procedures will gov~rn the use 01 the form for this purpose. 3. The stnnd"rd form wl11 also be used 1)y Federal "gencles to report to the clearlng- honscs on major "ctlons tnken on ,,!,pllea- tlons reviewed by clearinghouses In accQrd- ance ",'Ith OMB Circular A-95. and to notlly StaLes 01 grants-In-aid aWRrded In "ccord- nnce ",'lth Treo..sur)' Circular 1082. I .1 Office of Management and Budget Circular A-110 (7/30/76) A-110:16 FEDERAL ASSISTANCE L ""'I'Ll. a. If\IW 8U 3. STAn I. """BER ~U~4- CANT'S nON 1. TYPE 0 PREAPPLlCA TlON "'''Pll- ., DAlY IO~Hn- .. DATI :r_r _U. .... 0' eA TlOt1 r_ ......... - ~I~II ...CTION 0 ""PlICA TIOH 19 ASSIGHEO 19 fM--"... 0 HOTlfICATlOfC OF IPIT[/H ('OpL) J..8'" ,.... ,....;..u He) 0 RU'ORT OF rEDE1lAl 1.CTlotl Ifto .. . 4. LEG"'L ",PPLIC.A.NT /RECIPIENT 5. nOI:R.A.L r:MpLOyr;R IDt:HTIPICATION NO. .. """pliCAnl HII'" : .. Or,aniutio" U..U : 6- I I I. I I 1 t. SlrHl/P.O. 8<u : PRO. .. HUW8tR rI. City GRAM b. llT\.t : .. eo..'17 : (1',.0", I. Sb<o : I. ZIP Cod.: rod.....! b. tonust P..-.on tNoww ODiolo.., .. " ,,..,.),,,,,. No.) : ~ 7. TITLE AND DESCRlnlON 0' ApPLlCANrS PROnCT 8. TYP[ Dt' ""'I'~IOAHT fRfCll'lENT ~ #-St.h ~..u.l17 -"<II.... ~ 6-1 ,,'tftl.t.. ..' ~_ Hlr~.r [duc.ationJ1 ttlorillution ~ C-Subol.al. J- '"diu Trlb4 Olotricl ~t\&, (S,..rlfvl: ~nly [-City . ~ f- wool Olrtrtd t-3~.1 ""rpooo H"....D ~ D tJolct SA""'" .,..",..,..ri.otc " TYP~ Of MSIST...NCE A,...&&a,lc ,.....1 D-hrI"'~.' ~ 8-1""".....,... an"" '-othar X..tn' o.,.~ m ~ c-lo- " "",,t. to,..,.(.) 10. AREA 0' PROJ~T IMPACT (No_... 0'/ etttu, .o....HH. 11. ESTI~~"TMV1I'o- U. TYPE Of ...pPlICATION S....... .u.) BER T DNa "'-" - C-R.,I"~ (-'" r "*' \a 1I0f'1 BVlUlTING a...R." ....1 O-Ca" 'hu,..t I Nl Eft'..,. .pJ'lTopri4h J..tkr 0 13. p~EO ~UNOING; 1,4. CONCREsttoNAL DISTRICT' 01': 15. TYPE or CHANC'E (Ten' JJ~ rr JJ...) S I. '\P'UCAHT ~ rROlt'tT '-I"c........ Dothf'l ~lhor (Spedfv): I. ~[Rfo.l. .00 ~ecr""" DeI'l" A1>PltCAHT I t-t"c,...'" Dura-\ttsIl b. .00 O-D.uu... O....Uoa a. PROJECT ST"'RT 117. I"nOJECT (-C...ullali.. .. ST,\Tt .00 DATt 7_r-..u. 0... DURATION ~"t..rr oJ."pro- ITIJ rI. LOCAL .00 19 N....nu ".-;ok tou.... (.) I. OTHER .00 II. E:STtMATtD D...n: TO 7_r .-...... dov IS. EXISTING PEDERAL IDENTlFIC...TION NUMBER BE SU~MITTED TO I. TOT1.L S .00 'EDERAL AGENCY ~ 19 20. 'EDERAL AGENCY TO RECEIVE REQUEST (N_. Cu.,lI_ %11' ~ 21. REMARKS "'ODED o v.. o No ~ ~, I. 1. the Dm eo{ my know-led.. .",d .......-f. t.. H '...~ ar OMB Cueular 1-95 tfth .Pt'lic..lloa ...., wbMltt-<. p4J~."t kl i,.. N",..- R....,..,.""... d.ta i. tJ\i, ,.,....,.pJiution/.ppliuUOIl a" .t.rwctl~' th.....ll\. to apptoQ(I.h .1..rl"I'trl+VM1. .ad .n ,..po.,..s .... .rudl~: .-. .U6CA...ed g THE l<u. ."cJ oorrMl, ~. ooewtnH'lt boo - ...PPLlCANT duly . uthoriud by .... 'OWor"ftin( boOr wl 0 0 CERTlf"IES the .~Iju"l ...d thl ulohe.url. wOl dftt'P4t' (I) E : THAT ~ with 'h. .th~ """"AC'eI &I u.. aut..... 12I 8 0 11 .n.. it .pprvy..d. 0 (3) . ~ 23. I I. TTPEO HA.lIt AAO TIT\.! ~. II11KAT\JRE L OATE SIQHf.O '\ ~ CERTIFYINC1 Y_r ......:J. do. . REPRE. .. 19 , " SENT...T1VE OMB "'ppronl No. ~US I ~. ,A.C;II:.NCY .u.ME 12S, APPLIC.A.. 1'__ ~ ..... TION RECEIVED 19 i 26. ORGANIZATlON.'J.. UNiT I A7. ADMINIST~TlV[ OHIC[ 12L 'EDERAL ...PPLlC.A.T10N ~I IOENTlFIC...TlON ~ 2:9. ADOREU ao. 'EDERAL OF:"'NT ~ IOENTlFICA TION ~ 31. ACTION TAKEN 3L WND!N<: y- _oJ. ....1 I ~. 1'_r .......,;" .u.. I 0 t. AWAAOEO ST ARTtNG I. rEl>EM!. S .00 n. M:TIOH DAn ~ 19 O...TE 19 .. 0 .. ~(J{CTEO v ~TM:T 'OR AOOITtOHAL tt<~0Jl1ol"'. 36- 1'_. _ ....u. .... 0 \. ....rUC..vlf .00 ] ION (X_.... ..... ...~ ..w...~...) ~NDINC; 0 t. IlETVRItCD I'OIt t. SY^T[ .00 DATE 19 ANE1lOt.tUfT t. LO('.A~ I .00 37. REMARKS ADDED ~ o ~. DEf1!RREO Oytiel': I .00 t; I. t( o .. WITllOIVIWl< l. TtTI N.. S .00 o Y.. ONo 3S. &. 'R blilinc ~. .ct\at\, ."" OOf'IlIftMftb. ,...~ trv.... d.rinrhou.... .,.,. ...- .. r(O(RN.. ACtHCY }..91 OfTICIN.. 'EOERAL AGEI-fCY .id.ree. II .....er "*poI'l'" b ca.. .owl.. ,.....l..- 01 ran. 1.,0116 ClmoI... _6. C.....cu".....4 .....u,.J..o~9'oO.) M. .... .... at .. ~ .aCe. 10.-95 ACnON . ........ . ,.... .......... .............., ..., "".,...... , I ~ n ""11 " \ ~' -I Office of Management and Budget Circular A-110 (7/30/76) A-110:17 SECllON IV~EM.&JtKS (Plea.8e referenu tM pr~r it.em numb" fr(ffTI Suti.o-ru I, II CYr III, if Qppli=.b~) .. , STANDARD FORM 424 P/,GE 2 (1 ()-7::) I .I Office of Management and Budget Circular A-110 (7/30/76) A-110:18 GE~ERAL 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). ^PPUCMIT PROCEDl,;rlES FOR SECTION Applicant will complete 011 items in Section I. If an Item Is not applicable, write "NA". If additionol space is needed, insert en asterisk ....., and use the remarlls section on the bock of the form. An explanation follows lor each item: Item 1. Merl( oppropriote box.. Pre-applk:lltiQn ond oppllco. lion guidence is in FMC 74-7 and Federal agency program instructions. Notlfic>otion of intent RUid. ance is in Circular A-95 procedures from clear. inghouse. Applicant will not use "Report of Federal Action" box. 2a. Appllcent's awn control number, If deslred. 2b. Onto Section I Is prepllred. 30. Number eSGigned by State c183ringhouse. or If dele- gated by Sblte, by areowide clearinghouse. All re- QUests to Federel agencies must contDin this Identi- fier if the progrem is COYered by Circular 1.-95 and required by applicable St<Ite/areawide Clearing- house procedUIll'S. If in doubt, consult your dDdr. inghouse. 3b. Oete applicent notlfled of c1ccringhollSll k1:mtifiGr. 4b-4h. Legal name of appllCl!nt/reclplent. name of primary Orllaniz.ntional unit ....ilich will undertake the assist. ance activity, comp:::te address of applicant. and name and telephone number of person who an pr0- vide further informlltion about this nlQuest.. 5. Employer identification number of applicant as as. 51gned by Internal Revenue ServIce. 60. Us.e Cat1llog of Federel Domestic Assistance num. ber assigned to progrnm under which as:sisbmce is requested. If more than one program (e.g., )oint. funding) write "multiple" and explain in remare. If unknown. cite Public u,w or U.S. Code. 6b. progrem tttkl from Federal ~talog. AbbnMZlte If necessary. 7. Brief title and appropriZlte de5Cription of project. For notificz:tion of intent, continue in remants sec. tion if necessary to con~ proper description. 8. Mostly self-explanatory. "City" includes town, town- ship or other municipality. 9. Check the type(s) of assistEnce requested. The definitions of the terms are: A... Basic Grant. An original request for Fcdcn51 funds. This would not include any contribution provided under II supplemental grant. B. Supplemental Grant. A request to increase a basic grant in cert.llin ceses where the eligible applicant cannot supply the required matching share of tho basic Federal program (e.g., grants awarded by the I\ppalachian R~iol\81 Commis. sion to provide the applicant a matching ShIH'll). C. loon. Self explanatory. Item 10. 11. 12. D_ Insurance. Se<< explanatory. E. OthCf. Explain on rcrMrIIs page. Governmental' unit whenl ItignificDnt and meaning. ful impact could be observed.li&t only Iarllest unit or units affected. such ItS State. county, or city. If entire unit affected, list It rather than lWbunlts. Es:timnbld numbel" at persons directly benefiting from project. Use appropriate code ~. Definitions are: A... NcrK. A submittal for the first time for a new pro;ect- 13. B. Renewal. An extension for an additional funding! budget period for a project having no projected completion date, but for which Federal support must be reo8W8<l each year. C. Revision. A modification to p~ nature or scope which may result i" funding change (in- cr885e or Oecrelise). D. Continu8tion. An extension for an additional fundina/budeet period for a pro~ the ogene-,.- initially agreed tlJ fund fa a dtlfinite number 01 )'!IlIf'S. E. Iwgmontatlon. A m(juirement for additionlll funds for a proied previously awarded funds in the same funding/budget p<<lriod. Project nature and scope unchanged. lImount nlQuested or to be coritributed during, the first funding/budget period by each hlntritxr.br. Value of in,IUnd contributions will be included. If the action is a change in dollar amount of an exist- ing grant (II revision or augmentation), indiC8te only the amount of the change. For decreose5 Cfl' close the amount in parentheses. If both basic and supplttnlental amount3 are included, breakout in remartls. For multiple proe~m funding, use totals and show prognlm brenkouts in remarks. Item deft, nitions: 13a. amount reQuested;from Federal Gov- ernment; 13b. amount applicent will contribute; 13c. &mount from Stote, if applicant is not a State; 13<1. amount from local gCNernment. il opplicant is not a local gO'Y'Crnment; 13e, amount from any other sources. explain in remarlls. 14a. l4b. Se<< explanatory. The district(s) where most of actual worl( will be accomplished. If city-wide or State-wide, covering severn I districU. write "city-wide" or "State.wide." Complete only for revisions ("rtem 12c), or augmen. tations (item 12e). 15. STf\NOI\RD FORM 424 PAGE 3 (10-75) I -' Office of Management and Budget Circular A-110 (7/30/76) A-110:19 Item 16. 17. lB. Approl(imete date project el(pected to beFin (usually e~~iatN:l with estimated date of availability of funding). Estimnted number of months to complete project efter Fttderal lunds ere evailable. Estimated dete preapplir.elion/appllcation will be submitted to Federal agency If this project requires clearlnghou~ r....iew. If review not required. this date would usually be s.ema as date in Item 2b. Item 19. Existing Federal Identification number If this 11 not a new request and directly relates to 8 previous Federal action. Otherwise write "NA". 20. Indicate Federal egency to which thiS request Is eddressed. Street address not required. but do use ZIP. 21. Check appropriate br.x as to whether Section IV of fonn contnlns remants and/or additional remarks are attached. ^PPLlCAtH PROCEDURES FOR SECTION II Ust cleerlnehousOf' to which submitted and show In appropriate blocks the status of their responses. For more then three clearinghouses. continue In remarks section. All written comment~ r.ubmltted by or through clearinghouses must be attached. Name llnd title of authorized representative of legal applicant. Applicants will elways complete Items 23a. 23b. and 23c. If clearinghouse review Is required. Item 22b must be fully com. pleted. An explanation follows for each item: Item 23b. Self explanatory. 23c. Self explanatory. Item 22b. 23a. Note: Appllcent completes only Sections I and II. Section III is completed by Federal agencies. FEDERAL AGENCY PROCEDURES FOR SECTION III ttem 24. Executive department or Independent agency having program edministra~ion responsibility. Self explanatory. Primary organiZ8t1onal unit below department level having direct program management responsibility. O1Tico directly monitoring the program. Use to Identify non.award actions where Federal grant identifier in item 30 Is not applicable or will not suffice. Complcte add~ of edminlstering office shown in Item 26. Use to identify award actions where different from Federal application identifier In item 2B. S<!lf explanatory. Use remarks section to amplify where appropriate. Amount to be contributed during the first funding; budget period by each contributor. Value of in. kind contributions will be included. If the action is 8 chanlle in dollar amount of an el(isting grant (8 revi. sion or augmentation). indicate only the amount of change. For deo-eases. enclose the amount in pa' rentheses. Il both basic and supplemental amounts are included, breakC'ut in remaoo. For multipfl: pro, grllm funding. use totals ane show program break. outs in remarks. Item definitions: 32a. amount awarded by Federal Government: 32b. amount ap' plicant will contribute; 32c. amount from State. if applicant is not a State; 32d. amount from local govemmc:1t if applicant is not a local government; 32e. amount from any othei' sources. el(plain in remar.". Ollte dctlon was ta ken on this roqu~t. Date funds will t>ecome available. If applicant.supplied infonnation in Sections I and II needs no updating or adjustment to fit the final Federal action, the Federal agency will complete Section III only. An uplanatiort for each Item follows: 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. Item 35. Name end telephone no. of agency person who can provide more Infonnlltion regllrding this assistance. Date after which funds will no longer be available. Check approprillte bol( as to whether Section IV of form contains Federal remarks and/or attachment of additional remarks. For use with A-95 action notices only. Name and telephone of person who can llssure that appropri. ate A-95 action has been taken-If same as person shown in Item 35. write "same". If not applicable. write "NA". 36. 37. 38. Federal Agency Procedures-special considerations A. TrellSury Circular 1082 compliance. Fe4eral agency will assure proper completion of Sections I and Ill. If Sectioil I is being completed by Federal agency, ell applicable items must be filled in. Addresses of State Informlltion Recep' tlon Agencies (SCIRA'S) are provided by Treasury Depart. ment to each egency, This fonn replaces SF 240. which will no longer be used. B. OMS Circu/llf A-95 compli/!nce. Federal llgency will as. sure proper completion of Sections I. II. llnd III. This form is required for notifying all reviewing clearinehouses of major llctions on all programs reviewed under A-95. Addresses of State and areawide clearinghouses art; pro. vided by OMB to each agency. Substantive differences between applicant's reql1est and/or clearinghouse recom. mendations. llnd the project llS finally awarded will be explained in A-95 notifications to clc:Jringhouses. C. Specilll nole. In mort. but not all S:lites, the A-95 State clearinghouse end the (TC 1082' SCIRA lire the same office. In such cases. the A-95 BWl!fd notice to the Stal-e clearinghouse will fulfill the TC 1082 llward notice reo quirement to the State SClRA. Duplicate notification should be avoided. STANDARD FOrlM 424 PAGE 4 (10-75) '~._', I Office of Management and Budget Circular A.110 (7/30/76) . ArrACHMENT N.-<::IRClTLAR No. A-110 PROPERTY MANACEMENT STANOARUS I. This attachment prescribps uniform standl\rds governing management of prop- erty furnIshed by the Federal Go,'ernmellt or whose cost WI'S charged \..0 a project sup- por\..Cd by a Federl\l gra.nt or other ".reement. Federal sponsoring "gencles shall require re- clplen\..~ \..0 observe these standards under crants I\nd other RgTeemellt..!; and shall not Impose addlLlonal requIrements ullless spe- clUeall)' required .by Federal law. The recipi- ent may use It..!; own property manl'gement standards and procedures provided It observes the pro,'lslolls of this o.ttachment. ThIs at- tachment also applies 1.0 subreclplent..!; Il.5 referred to In pamgrnph S of the basic cir- cular. 2. The followln[: definitIons apply for tbe purpose of this attachment: 1\. Reaf propcrty._,.calproperty mco.ns land, Including land Improvemen\.6. struc- tures and appurt.cnlUlces thereto. but ex- cluding movable machinery and equipment. b. Personal property.-Personal property of any kind except reo.l propeny. It may be tangible-having ph)'slcal existence. or Int.an- glble-havlng no physIcal exIstence, such Il.5 patents, Inventions and copyrights, c. Nonexpendable personal propcrty.-Non- expendable persono.l property meo.ns tangible personal property hM'lng a uselul Jlfe 01 more than one year and an acquisitIon cost of e.300 or more per unit exempt that recip- Ients subject to Cost Accounting Standards Board regulatiOns may use the CASB Sto.nd- ard of f-500 per unit and useful lUe of twO )'ears. A recipient mal' use Its own definition of nonexpendable personal property provided that the definItion would at lell.5t Include all tangible personal property as defined above. d. Expendable personal property.-Expend- able personal property refers 1.0 all tnnglble personal property other than nonexpendable property. e. Excess propcrty.-Excess property means propert)' under the control 01 any Federal agency that, as determined hy the head thereof, Is no longer required for It..!; needs or the discharge of Its responslblllLles. !. Acquisition cost of purchased nonc.z- pena.ablc pers07laL propcrty.-Aequlsltlon cost of an I tern of purchn.sed none>:pendable per- sonal property means the net Invoice unit prIce of the propert). Including the cost of modlficaLlons, attachments, accessories, or auxUI"r)' nppnrntus nc;::essar)' u> make the property usnble for the purpose lor which It W!l.S acquired. Other charges such as the cost of InstallaLlon, trnnsportaLlon. taxes. duty or pro\..Cctlve In-transit Insurance. shall be Included.or excluded from the unit o.cqUlsl- tlon cost In "ccordanee with the rc;::lplent's regular aceounLlng practIces. g. Exempt propcrty.-Exempt property means tan!;lblc personal propert)' acquired In whole or In 'pn.rt wlth Federal funds. and Utle to .....hlch ls ,'ested In the recipient .....Ith- out further obligation to the Fe-deral Govern- ment except as provided In sl'bparagraph 6a below. Such unconditional vestlns of Utle wUl be pursu"nt to any Federal leglslaLlon th"t pro"ldes the Federal sponsorlnr; "genc)' with nOequ"te authority. 3. Real property.-Each Feder"l spor:sorlng agency shall prescribe requirements lor re- Cipients concerning the use and dlSpo:;ltlon of real propert)' acquired partl)' or wholl)' under !;rnnts or other agreements. Unless otherwl$e pro\'lded by stntut.c, such re'lulrc- mpnts. as " minimum. shnll ('0111.nll1 the :011 o"'JIl !; : a. Title to real property shnll vest In the reCIpient subject to the condition that the recipient shall use the real property tar the authorLzed purpose 01 the project.'ns long as It Is needed. b, The recipient shall obtain approval by the F'ederaJ sponwrtng 8.{;enc)' for the u""" of real propeny In other project..!; when the re- cIpIent determln~ th"t tl.oe property Is no longer needed lor the purposc 01 the orlr:ln,,1 project. Use In other projects sh"ll be limited to thOfie under other le-derally sponsored proj- ect..!; (I.e.. granL'i or other a.r,reements) or pro- grams that have purposes conslst.cnt with tho"",, author17.ed lor support by the t'e<leral sponsorlns ~ency. c. When the real property Is no lon,:er needed as provided In a and b ..bove, tile recIpient sh"ll request dlsposlLlon Instruc- tlon.~ from the Federal sponsorinG nr:ency or Its ~uccessor Fedeml sponsorinG I\/:enry. The Federal sponsorlnl: agency shall observe the following rules In the dlsposlLlon Instruc- tions: (I) The recipient mny be permltl.cd to re- tain LlLle a.ft.cr It compensat.es the Federal Government In an amount comput.cd by ap- plying tbe Federal percentAGe of parLlclpa- tlon In the cost of tbe orlb'lnal project \..0 the talr market value ot tbe property. (2) The recipient may be dlrecl.cd \..0 sell the property under guidelines pro,'lded by the Federal sponsorIng agency and pay tbe Fe:!eral Government an amount comput.cd b)' applying the Federal perccnl.a.ge 01 par- LlclpnLlon In the cost 01 the orlg1nal project \..0 the proceeds from SAle (aft.cr deducting actual and reasonable selling and fix-up eX- penses, Il any. from tbe sales proceeds). When the recIpient Is authorl:r.cd or required to sell the property, proper SAles procedures sho.ll be est.abllshed that provIde for compeU- tlon \..0 the ext.cnt pracLleable and result In the highest possible return. (3) The recipient may be dlrect.cd \..0 trans- fer title to the property U> the Federal Gov- ernment provIded that In such ca.scs t.he recIpient sbnJl be entitled 1.0 compensation c:>mpulcd by applying the reclplent's per- centAge of participation In the cost of t.he program or project to the current fnJr market value of the property. 4. Fed.eraly-own.cd n.one:rpendablc personal propcrty,-TILle to federnlly-owned property remains vested In the Fe:!eral Government. Recipients 6hall submIt annuall)' an Inven- tory listing of federally-owned property In their custody to the Federal sponsorlns aseney. Upon completion of t.he D.l;Teement or when the property Is no longer needed. the reel plen t shall report the property to the Federa!" sponsoring ngency lor further al;ency uUII7.atlon. Il the Federal sponsoring agency hns no further need lor the property, It shall be deelare:1 excess and report.cd \..0 tbe Genero.l Sen'lees Admlnlstrtlon. Approprla\..C disposi- tIon Instructions wlll be Issued 1.0 the re- cIpient after completion of the Federal agency review. S. Exempt property.-When st.atu\..ory au- thority eXists, (e.g., P.L. 8~934. 42 U.s.C. 1892) title to nonexpendable personal prop- erty aeq ulred ",1 th project funds. shall be "este:1 In the recipient upon acquisItion un- less It Is determined that to do so Is not In furtherance 01 the objectives of the Federal sponsoring acency. When title Is vest.c:1 In the recIpient. the recipient shall hl\ve no other obllSI\Uon or necount.ablllt.y \..0 the Federa] Government for Its use or disposi- tion except as prOVided In 61' below. 6. Othcr noncxpcna.ablc property.-When other nonexpcndable t.anglble personal prop- erty Is nequired b)' a recipient wltb project funds. title shnll not be takcn by the Fc:!- C'ral C'TOt"C'rnnlC'nt but ~h,,11 t"cst In the- 1"('- clplent subjcet l.() the follo",'lnl: conditlons: a. Right 10 lran.'fer IiI/c.-For Items of nonexpendnble per.onnJ property havlnr, " unit acquislLlon cost 01 ~I.OOO or more. the Federal sponsoring ngene)' m,,)' reserve the rlSht \..0 transfer the Utle \..0 thc Federnl -' A-110:20 Government or 1.0 a third party named by the }O~cdcrR.l Government when FOuch t.hird JHt.rly Is otherwise clig-tlJle under existIng sLatut.cs, Such reservation shall lle subject to the followinG stAnuards: (I) The pr<>pcrty shall be appropriately Identllie:1 In the graut or other asreement or otherwise made known to the recipient In wrl tlnl:. (2) The F'cderal spon..o;orlng agenc)' shnll Issue disposItion Instructions within 120 cal- eudar days aft.cr the end 01 the Federal sup- port 01 the project for which It was acquired. If the Federal sponsoring agency falls to Issue disposition Instructions withIn the 120 enl- rmlnr day period, the recipient shall npply the sLnnd..rds or subp..rar:raphs 6b ..nd Gc ,>5 approprlnt.c. 13) When the Federal sponsoring I\gency exercises It..!; right \..0 ta.ke title, the personnl property sh..1I be subject ta the provisions ror ledernJly-owned nonexpendable property dlscus,o;cd In paragraph 4, allove. (4) WlleO Utle Is translerred either 1.0 the Federal Oovenunent or to a tht.rd party ,the provisions of subparagT1lph llc (2) (b) should be followed. b. U..c of other tanvible noncxpena.able property for which the recipient has title. (I) The recipient shall UfoC the property In the project or progrl\lIl for whlcb It was ncqulred as'lons as needed, whether or not the project or pror:ram continues 1.0 be sup- port.cd by Federal funds. When no longer necued for the orlglnal proJect or prO!;ram. the recipIent 6hall use the property In con- necton with Its other federally "ponsored activities, In the following order ot prlorlt)': (a) Activities, In the following order ot priority: (b) ActivitIes sponsored by other Federal agencies. (2) Shared "-'e.-DurIng the lime that nonexempt nonexpendable personal proper- ty Is held for use on the project or progTam lor which It was acqut.red. the recipient sball make It available for use on other proj- ects or programs If such other use w1l1 not Int.crlcre with the work on the project or progTatn for ",'hlch t.he property ,"",5 orIgi- nally noqulred. First preference for such other use shnJJ be given U> other project..!; or prop-ams sponsored by .the Federal o.genc)' that nnanced tbe property: l<Ceond prefer- ence shall be given to projects or programs sponsored by other Federal agencIes. If the property Is owned by the Federnl Govern- ment, use on other acLlvltles not sponsored by the Federal Government shall be per- mIssible If authorIzed by the Federal agene)'. User charges should be co~ldered 11 appro- prla t.e, c. Dupo.rition of other n.onerpena.!1ble property.-When the recIpient no longer needs tbe property as provided In 6b above. the property may be used tor other I\ctl"/I- lies In accordance wltb \.he follOWing stAnd- I\J'ds: (1) Noncrpcndablc T""operty with a unit acquisition cosl of less than Sl.OOO.-TIle re- cipient may usc the property for other activi- ties ...1thout reImbursement to the Federnl Government or sell t.he property and re- tnln the proceeds. (2) Nonerpcndable personal T""opCrl)/ with a unil acquisition cost of SI,OOO or more.- The recipient ma)' retain the property tor ot.hcr uses provided that compcnsatlon Is made to the orll:lnal Fedeml sponsoring agency or 11.1< successor. The amount of com- penSl\t1on sball be computed by nrplylng lhp r>erC'ent.'\gc of F'e-dernl p!\J"tlctrStlOl1 In the cost of the orlglnl\l project or progrr.m to the current lair market ..alue 01 the propcrt).. ]: the recipient hns no need for the property and the property hns further \lse val uc. the recipient shull rC<l"est dIspositIon Instruc- tions from U,e orlg1l1a1 sponsorl n[: aceney. I Office of Management and Budget Circular A-110 (7/30/76) The l"e<le",l sponsoring agency shnll deter- mine whether the property can be u,ed to meet the agency's requirements, If liD re- quirement exist.. ....Ithln that agelley. the avallablllty 01 the property shall be report- ed to the General Services Administration b)' the Federal agenr.y to delA:rmllle ....hether a requirement lor the property exlsL. III other Fedeml Rgencle.. TIle Federal sponsorIng agency shall Issue Instruetlo1" to the recipi- ent no Inter than 120 dnys nlter the recipi- ent's request and the lollowlng procedures shall govern: (a) If 110 Instructed or 11 disposition In- struetlons nre not Issued ....lthln 120 calen- dnr dnys nIter the recipient'. request. the recipient shall sell the property alld reim- burse the Fedcml Rponsorlng agency nn amount computed by applying to the sales proceeds the percelltage 01 F'edernl partlcl- patlon In the cost 01 the original project or pro.mm. However. th'e recIpient shall be permItted to deduct nnd retain Irom the Fed- ernl share '100 or ten percent 01 the pro- ceeds. whIchever Is greRler, lor the reelplent's selllng nnd handllng expenses. (b) If the recIpIent ts Im.tTueted to ship the property elsewhere. the recipIent shnll be reImbursed b)' the benefitIng Federal agency with an amount which Is computed by applying the percenl.nge 01 the reclplent.s partlclpatlon In the cost 01 the original grnnt project or program to the current lair market ve..lue 01 the property, plus any rensonable shipping or Interim stornge costs Incured, (c) l! the recipient Is Instructed to other- wise dispose 01 the property, the recipient shall be reImbursed by the FederRl sponsor- Ing agency lor luch costs Incurred In Its dt.posltlon. d. Property manallemenl standard. for none:rpendable property.-The recipient'. property management standards lor nonex- pendable personal property shall Include the loll owing procedural requirements: (I) Property records shall be maintained accuratel)' and shall Include : (a) A description 01 the property. (b) Manulacturer's serial number, model number, Federal .toel< number, national stock number, or other Identltlcatlon num- ber. (c) Source 01 the property, Including gr&nt or other agreement number. (d) Whether tItle vests In the recipient or the Federal Gov~ment. '(e) AcqUisition date (or date recel\'ed. II the property Yo'''' lurnlshed by the Federal Government) and cost. (I) Percentage (at the end 01 the budl'et ,..s.r) 01 Federa) participatIon In the cost 01 the project or program lor Yo'hleh the prop- .rt)' 9.'8.S acquired. (Not appllc..ble to prop- ..-ty lurnlshed by the F.deral Government.) (s) LocatIon, use and condition 01 the property ..nd th,. dA~. the Inlormatlon w..s report&<!. (h) UnIt acquisItion cost. (I) Ultlmnte disposition dat.a. IncludIng do. te 01 disposal and ""Ies price or the method u.ed ~o determine current laIr m..rket VAlue ....h.r. A reclpl.nt comp.n~ates the Fed.ral spon.orlnl; ..seney lor It$ ~h..re (2) Property owned by the l'edcr..l Gov- ernmlnt mu.ct be ms.rked to Indicate l'ed- .ral ownership. (3) A physIcal Inv.ntory 01 properly .h..1I be taken and the results reconciled Yo'\th the property records at least once ever\' twO years. Any dlnerenc.. between quantities de- termined by the physlca) In.p.ctlon and thQse shown In the aceountln!> records .hall be Inyestlgated to determine the causes of the dlnerence. The recipIent sh..lI. In connec- tion wIth the Inventor)'. ver11y the existence, current utlll..zatlon. and continued need lor the prop. rt)'. (4) A control A),.tem "hRll be In e:trct to lnlurt a.dequn.t.e a:o.tegunrds to pre\"~n~ l~. damage, or theft 01 the proper!)'. Any ION, damage. or thelt 01 nonup~ndnble property ShRII be IIIve~tlgated and lull)' documented; 11 the properlY wn& owned by the Teder..l Government. the re~lplent .hall promptly nO- tify the Federal sp.'nsorlng agency. (:;) Adequatel)' m..lntenance procedure. shall be Implemented to )(eep the property In good condItIon. (Ii) Where the reclplent Is authorl7.0d or required to "cll the property, proper ",\les procedures shnll be estaullshed whIch would provide lor competition to the extent practl- caule and result In tho highest pos.slble re- turn. 7. Expcndable personal property,-Tllle to expendable personal property shall vest In the recipient upon acqulslllon. If there '1. a residual Inventory 01 such property exceeding ~I,OOO In totnl aggregRte laIr market value. upon termlnatlon or completion or the grant or other ngreement, and the property Is not needed lor any other lederally sponsored project or program, the recipient shall retnln the propert)' for u..e on nonlederally spon- sored activities, or sell It. hut must In eltlrer . case, compensate the Federal Go,'erntnent lor 1t.5 share. The amount 01 compensation shRIl be computed In the snme manner as nonexpendable personal property. 8. Intanlllble property. a. Invention. and palcnts.-If nny program produces patentable Items, patent rlghL'. processes, or InventIons, In the cours. or work .ponsored by the Federal Government, such l..ct shall be promptly and lully r.port- ed to the Federal sponsoring agency. Unless there Is a prIor agreement betYo'een the re- cipient and the Federal sponsoring agency on disposition or such Items, the rederRI sponsoring agency shall determine whether prot.ecllon on the Invention or discovery shnll be 8Ought. The Federal sponsorlns agency will also determIne how the rIghts In the In- vention or discovery-IncludIng rIghts under any patent t'l5\led thereon--<5hall be allocated and &dmlnlstered In order to protect the pub- lic loterest cooslstent wIth "Governm.nt Patent "Pollcy" (PresIdent's Memorandum for Heads 01 Executlye Department.5 and Ageocles, August 23, 1971, and etatement 01 Government Patent Policy as prlnte\l In 36 F.R. 16889). b. CoPyrillh.t3.-Except 8.S otherwl.se pro- "Ided In the terlT\.5 and conditions 01 tbe agr~meot, the author or the recipient orgOln- IZOltlon Is lree to copyrlr.ht ..ny boo)(s. pub- llcatlons, or other COP)7lghtable m..IArla.la developed In the course 01 or und.r .. rod- eral agreement. but the Peder..l sponsoring Rgency sha\1 r.serve .. royalty-lrer, nonex- clusIve and Irrevoc..ble right to reproduc., publish, or oth.rYo'lse use, ..nd to ..uthorl,.e others to use, the wor)( lor Governm.nt pur- P050::5. A'T7ACHMlCHT O.--CnCtlLA" No. ""'-110 1'kOCU".NXWT BTAtc'DAI'tD5 1. Thl< r.ttachment proyldes st..ndard. lor uae by rec:pl.nts In establl.hln~ procedur.. lor the procurement 01 aupplles. equIpment. construction and other >cnlce. with T.der..1 IUllds. Thes. nandard5 are lurnlshed to .n- sure tha.t &uch mater'''}'' a.nd serYlc~'i are ob- t..lned In an enectlv. manner Rnd In com- pll..nce with the provisions 01 appllc..bl. r.d- erRI I...... and executive orders. No addltlon..l procurem.nt standarcU or requlromenU .h..ll be Imr><>..d by the Ted.r,,1 .ponsorlng aBen- cles upon reclplent.6 unl... .peclnc"lIy re- quired by !'"'ederal statute or .xecutlve orders. ~. Th. standards contained In this Rtw.ell- mont do not relieve the recIpIent 01 the con- trActuII.I responslbllltle. Arising \llldn Its contr..c"'. The recipient l.s the rupon"-'ble a\1- t.hoTa,.. w1thout re-cour~e to the P'ederal spon- sortnr,' Rgency re!;ardlng tile settlem.nt ..nd antl,fRcllon or ..\1 e.ontraclual and admlnlJ,- J A-110:21 trOltlvo \sUlK ..rhlng out 01 proeuremenu. entered Into. In support 01 " ~rant or other R~reement. This Ineh.d.. dl!pute.. claIm... prot~~t5 of Il'ft'nrd. ..o"\)rM eVf\.)uatlon or othf"T mntlen of a. eontractunl nature. )'1R.tten con- cernl". violation 01 law !\TI to be relerred to s\leh local. State or rrdera! authorIty M m"y han proper ",r\ltd.ctlon. 3. Recipients m..y u..e their o"'n procure- ment r><>lIcle. and proeedur.... flowever. all re- cipients ohall Rdh"ro to tho standl\Td. .et lorth In pnrnf'r..phs 3 Rnd 4. a. The recipient .hall mnlntaln a code or standnrd.. 01 conduct thRt .hall !;oyern the perlormnnce or 1\& officers. emploYNls or nrent. encaged In the awarding and "dmln- Istrat.lon 01 ."nt,,,cts u.lng P'ederal lund.. No employee. omeer or agent shall pnrtlelpnte In the selection, award or admInistration 01 a contract In ",hlch red.ral lunds are used, Yo'here, to hlo knowledge, he or his Immedlat. Il\mll)', partners. or organlzntlon In ,,'hlch he or hi. Immediate lamlly or partner h..., a nnnnClnl Interest or ....Ith whom he I. ne!;o- tlallng or hl\& anj' arrnngement concernln!; pro.p..ctIH employment. The reelplenu.' 01- tleer>. employees or agents shall nellher solic- It nor aocept grntultl"'. la"or5 or ..nythln!; of monet.ary value from contrnctoT5 or poten- tl&l eontrRctors. ~uch standnrds .hnll provIde lor dl.clpllnnry actIons to be ..pplled lor vio- lations or such standards hy the recipients' omcers. employees or l\f:ents. b. All procurement "'ansncllorul shall be conducted In a mnnn.... \00 provide. \00 the .maxlmum extent practIcal. open and Iree compdltlon. The recipIent should b. alert to or!i"nlzaUon..l coomct& 01 Interest or non- oomp..tl tIT e prl\Cllce. among oon tmctors that mAl' restrict or .Umjnnte competition or ot:herwl."" restre.l/\ Irt\.de, In order to .n- sure objectlYe contra.ctor perlormance and ellmln..t<> unlaJr cOt'lliletttlv~ ..d~ant.l\g., con- tmclX>rs th"t develop or o,r.1t speclficatJorul, requirements, .to.temen\<l 01 work. Invlta- tlOn<! lor bids and/Of' requoots lor ~ls should be excluded lrom c.om.~t1ng lor sueb proeuremenu.. AwnrO& ~ be ma.de to the bldd<:T /ofJeror whose bld/orr... ls re.sponBolv. to tn. .0 II cl ta. tAon e.nd k rooe t a.d van t.ag eo\l8 to the re<:1~t. pt"IU and other lo.ctors OOD- slderod. Sollclt.e.tIO"s s..'>ell clearly set forth all requlrement6 thnt ~.. bidder /ofJeror mUllt lul1\1l In ordl!'T for hli5 ~/orrer to be e.......lu- ..ted by I>h. reclplen~. Any ..nd all bld.3/o11'e" 0lR)' be rejeot.ed wben It Is In tbe redp1ent's In~r.st to do 80. c, All reclpl~nt6 lIoh..ll ~t<\bIl6h procure- "",nt procech1re-s t.b&t proy\dV for, at a ulln- Imum, the 101l0wlTlll" pr:ooeduro.lTequlrem.ents. (I) Pl"Oposed prO&roment a.ctlops ~hall lollow a proc-eduro to ~ure the &vo1dl\nce 01 pure-lI....lng unnecesaa.ry or ch1pllClltlve I~ms. VI'bere I\.ppropr1e.14. an an..l~'" shall b. .......0. 01 leMe and purche.M. Rlt<:1'n6tJ"e.s IX> de~rmtn. ",h~ v."Owd b. the moat .conomlcal. p"..etloa.l proc-urement. (2) f,ollclbs.tloN lor ~oe<:I<o and ~nlc.s .h..1l b~ blued upon a dear and ..ceurate d....criptlon 01 llhr 'eohnlcal requlrem.enll! ler UlI ",a\.orrl..l. prod\Kt or se:-TI~ to be procured. Such .. d.,.crl?t.lOn shRolI not. In eOm.p<ltltlve proou.r.mento. cont.aln I....tur.... which unduly r...trict competition. "Brand n..me OC" oQURI" descrlptloru m<1J' be ulld LlI .. me...n.. to Q.e nn. t.h~ performe.no~ or oth.r _lI~nt r.qulremcnt:o of a procurement. And ...hen IKl \1-<:1 the speclt\c leRture. 0: the n..med bn.nd which must be met by blddors/ orr..;,rs shoJI be clee.r11 .pec.ltled. (3) Posltlye etrorts :>hall b. mMIe by the r.elplent.. to utilize small bustn."" a"d mJ- nor1tv-ownrd bustnes.s sources or 5upollel and ;.rvlc.e.. Such el'lort.s .hould ..110.... th.... sourc.. the maximum h.....lble opportunity to COMP'\c 10. contrsc\o utll\r.tnl> l"wderal lunr.c. (4) TIlt type 01 proeurln~ llUtr\lm.nUl U!e<!. ..~" l\xed price oon~T<\.oCt.'. ooet r.lJ"n- I Office of Management and Budget Circular A-110 (7/30/76) bur.....!>le oontract..s. purch....."" orders. Incen- tive contrncl..'. shall be del.crrrUned by tJle r('Clplen t bu t must be "pproprla.te for I he pMtloulM procuroment "ud for prom{)tlng the best Inter""t of the pro~mm Involved, The "cost_pll1.3-"-J><'rcentabe-oI-C06t" metJl- od of contnlCtlng 5hl\II not be used. (5) Contrl\.C\..' shnl be tnIllIe only with re- sponsible colltrl\.Cton; who p""'''Cti6 Wle po- tentlonl\.! nblllty 1.0 perform succc5lifully under the temt5 end conditions of II pro- posed procurement. Consldemlloll rJllul be given to such Jfl1\.U.cn a.s con\.m.Ctor Inte{;TII)'. record or pl\.St performance, !lnnncloJ IInd t.echnlonl rcsourcc.~ or o.cc~bllll)' \.() other ncccs;.n.ry rcsournoC5. (G) All proposed sole source conlrac\..~ or U")lc-TC only one hid or proJX>"SnJ ls TN:.Cl\'cd In whloh the l\f:{:rcg1\te ex.pendlt\lre 15 e,- p<"CLed to exceed 1-5.000 shl\ll be subject \.(l prior npprovnl nt the dl,;cretl'ln of the Fed- eroJ sponoorllJf, ~ency. (7) Some form of prlce 'or cOGt nnnll"S1s should be mnde In connecllon wIth e~erl' p~ocuremen t neWon. Price I\nnlysls lTlI\)' be necomplL<,hed In \'nrlous wny.;. Includln!: the COlnparl50n or prIce quo!.slWons submitted. IT>l'rket prices nnd slmllnr IndicIa. \.(lgether wl!.h d.ll'COunts. Co<;t "!"InIY6!s Is the revle"" I\nd eVllluallon or Cl\oC.h eiCITlcnt of co...4. W del.cnnlne r=nn.blencs:s. alloca.blllty and allowa.bUI ty. (8) procurement record5 l\.."'1d !lIes for pur- chn.ses In excess 01 "10.000 &hall Include the follo"''!lns: (I') Basis lor contracl.Or selection: (b) Justification lor IlIck 01 competltlon ....hen oompeWtlve bids or olTers are not o b!.ll.1 0 ed.; (c) BasIs lor award C06t or price. (9) A s)"stem lor contract a.dmlnlstmtlon ahe.ll be ffi1l.lntoJned to ensure contrnctor conformance with terms. conditIons and specifications of the coo tenet. and to ensure a.dequatA; and timely lollowup ot all pur- chases. {. The recLplent shall Ine-lude. In a.ddltlon 1.0 provIsions to define a sound nnC: complete 'abTeement. the following pro\'1sI0M In all contracts. These provisions shall nlso be ap: plied W suboontr"cts. a. Contrn.ct..s In excess of 1'10.000 shf\ll con- t.a1n contrActual pro\"1sl.ons or condHJons thnt will . i1o.... for a.c1ln1nlstrntl\'e. contrac- tun.l or leg!'.1 romc<lJes In Instances In "l1lch contra.ctors vlol&Le or brel\ch contrllct tenns. "nd provide for such remedllll I\ctlons as msy ~ approprlnLe. b. All contrnct..s In excC$.; or 1'10.000 shnll contnln sulLnble pmvl-oo;ions for Le:-mJnp.tlon by !.he recipient Including -~"'e manne-:- b\' ....hlch Lerm.Jn"tlon ....111 be errecl.cC: and th~ bl\sls for settlement. In a.ddltlon. suc.... con- tra.ct..s shnll describe condltlons under ....hICh Lhe oontra.ct lTlI\Y be l.cnnlnt\.led for dctnult a..; well M OOlHllUons where the conlrfl.Ct nmy bt' tC'rIn!nfilcd b('(':1I,.U~C of clrclUl1-C;u\'nc~ l)c. yond the control or Wle cont.r!'.clOr . c. 1n ail C'ont.rf\cts for con~truct.1on or la- ('.lhl~' IJnpro\'cnlcnl Rwa.rd~ for rnorc than 3'lOO.O()(J. recll'lcn16 shn.ll ob6C<'Ve t.he baud- Ing requirements pro\'lded In Att.achment 1J to this circular. d, All conlrlLC'ts IIwnrded by reclplen\..~ nnd their oonLrI\.CLor; or subf.Tllnl.ce<; hnvln{: a vnlue of more th"n ~IO.Ooo. sll,,11 conl..ln a pro\'lslon requiring compliance ",,:lth Exccu- tl\'e Order 112~6. entItled "Equnl F.mploy- ment Opportunlt)'," ns I\meuot'd Il)' Execullve Order 11375. nnd I\S supplemented In Depl\Tt- lTIent or Labor rcgllll\tlOnf, (41 CFR. Pnrt GO). c. All cont.rncts nnd ~uhgrnnt..'S In execs..o;. of ~.2.000 for cOllstructlon or rcpnlr 6wnrdcd hy reclpien\..' IInd 5ubreclplen'1..' shl\lI Include II provIsion for eompllnnce with the Copeland "Anti-KICk. Dllck" hct (18 U.~.C. 874) "s supplemented In Depnrtment 01 Lubor re~ull\tlons (29 CFR. Pl\rt 3). This Act pro- \'Ides thllt each contrllctor or s\lbgrl\ntee shnll be prohibited from Inducing. by nny means, an)' person employed In the construc- tion. completion. or repl\lr 01 publiC worK. W gIve up I\nl' part 01 the compensntlon to whIch he Is other....lse entl\.led. The recipient shl\ll report 1'.11 suspected or reported viola- tions to the Federal sponsoring agency. l. When required by the Federal pror,ram legislation. all constructlon contrllcts I\warded by the reclplent..s and subreclplents 01 more than !.2,000 shl\lI Include n provision lor compliance ....Ith the Davis-Bacon hct (40 U.S.C. 276a to ..-7) and lIS supplemen.l.cO by nepllrtment 01 Labor regulatlons (2g crn. Pnrt 5). Under this Act contractors shall be required to pay ......gcs to laborers nnd me- chanics at a rate not less than the minImum ....ages specl!led In a wage determInation mllde by .the Secretary 01 Labor. 1;'1 additIon. con- tractors shall be required 1.0 pill' wages not less thnn once" week.. The recipIent shall place a copy of the current prevnlllng wnge determination Issued by the Department of Lnbor In each sollcltl\tlon and the award 01 " contract shall be condl.tloned upon the acceptl\nce of the wnge determination. The recIpient shn.1l report all suspected or re- ported vlolntlons to the Federal sponsorlog ngency. g. Where I\ppllcable. nil contracts aWllrded by recIpIents 1;'1 eXcess of ~.2.000 lor construc- tion conttract..~ and in exceES or !.2.500 Ior other contracts that In\'olve the employment of mechanlc~ or laborers. ~h8.11 Include a pro- \'Islon for compliance ....Ith sectIons 103 and 107 of the Contract Work Hours I\od SMet\' Standn.rds Act (40 U,S.C. 327-330) as sup'- plemented by Departmen.t 01 Labor regula- -I A-110:22 tlnns (29 CFR. Pl\rt 5). Under st'cllon 103 of the Act. eneh contrneLor sh:dl be r('- (jutred to COlllpute lhe wnges of e\'cry 111('- chBntc Bud lnburcr on the baf:ils of (\ slandnrd. wor~~ dny of f. ))CHIT"f- nnd a. r.ll\llollrd work weck of 40 hours. \I.'ork 1n. cxcC'-ss of lht standnrd workdny or workwcrk 1:-; pcrrl\ls.slblc IHO\'ldcd lhR.tlhc worker 15 cotnpcn:-;ntcd fit n rnLc or not leS5 thnn ] ~1 Urnes the unsle ralC" of pay for 1\11 hours wortcd in excess of e hours in nny cnlcndfH dny Of 40 h(J\\rs In the workweek. Section 101 or the Act, Is nppllcnble t..o constr\lcUon work I\IH1 provldcs thnl no Inborer or nlcchnnic shnl1 be rcquirrd \.0 ".'or}~ 1n st1rroun<.1lnb~ or under \I,'or}r.tl\g cnndlllon~ whkh firc unsnult.nry. hazarcto\l!" or dnnl~(':r()\l5 t.o his hrnlth ;l.l1d ~I\r('ty 1\..<; de.. tt'rJulncd under conslnlc.t.I01l snfcty nnd henlth filnJldard~ proln\ll~nt('d uy the Srcrc- lnry of Lnbof. These rcquircl1u'nt.:, do "lot npply t.o tilt! purchn.scs of Sl1rl'lt('~ or nlnt-r- rials or nrUdes ordinnrlly (\vrdlnulc on the open Innrkct. or contrnct..o; for trl\.n~portnLlon or lraJ1~nll~")on of lnt.rlllb"Cnce. h. Contrf\ct..-; or nl&cCmcnt...... the prtnc1pnl purpose' of. wh)cll I!> t.o crente, develop or ltn- prove product.s. procc:;sc~ or n1c 1.1 10<1::-;; or for explorllUon Into !leld5 Lhnl dlrecUy concern publiC health. snfeL)' or welfnre; or contrllcts In the field of scIence or lechnology In which there has been \lLLle .'OI:nlf,cant experience oUl-,lde of work runded by FcdeMlI a.',slst- IInce. fihall contl\ll\ 1\ notice to the ellect .that ml\tl.crs regardlnr, right..' to InventIons nnd ml\tcrll\ls genernted under the contmct or n!:recment Me sullject W the rcgulnLlon5 Is- sucd by the Federnl sponsor In!: I\gency nnd the recIpient. The contrllCWr shnll be I\d- l'l"ed Il5 W the source of nddl tlonal Informa- tIon regl\rd:ng these mnllers. I. All negotiated contmols (except those of ~IO.OOO or less) I\....n.rded by reclplen\..' shn.1l Include a pro\'lslon \.(l the e:"lect tllnt the recipient. the Fcdeml spon-,orlng ngency. the Comptroller General 01 the United StIlLeS. or I\ny of '.helr dilly authorl7.ed represclltn- tlves. shall hl\ve nccc"-S 1.0 an:: bool'S. docu- ments. pnpers and records of the contractor whIch lire directly pertinent to a speclOc pro- r,mm for the purpose of makIng Rudlt.s. eXl\rnlnntlons. excerpts and trnnscrlptlons. J. ContTllcts I\nd sub{:rants 01 amounts In excess 01 $100,000 shall contain a pro\'IsIO!) thllt requires the recipIent to I\!,ree to com- ply ,,'Ilh 1111 I\ppllcl\ble st..andlU'ds. orderE or regulntl"n. Issued pursunn\. W the Clenr h:r hct 01 1~70 (42 U.S.C. 1857 et SC~_) and the FedernJ Wa'ter Pollution Contr"'l ACI (33 U.S.C. 1251 et seq.) I\.S n.mended \'Iolatlon. shl\ll be reported W the Federal SNl\Sorlng I\gency and the flel(lonal ilmce or the En- vironmental Protection Agency. . IFR Doc.76-2Ig04 FIled 7-29-76:8:45 am} I ~ i APPENDIX H OMB Circular A-122 ~ .. , , I Office of Management and Budget Circular A-122 (6/27/80) OfFICE OF MAHAGEMENT AND BUDGET evcolaf A-122, "Cost Principles for Nonprofit Organizations" AGENCY: Office of Management and Budget. ACTION: Final Policy. JlInc 27. l!IUO To The Heads of Executive Deparlmer:ts and Estnblishments Subject: Cost principles for nonprofit organizations. ' 1. Purpose. This Circular estaLli:;hes principles for determining costs of granls. conlra::;ls Hnd olher agrl~ements with nonprofit organizations. It docs nol apply to colleges ar,d universities which are covered by Circular A-Zr. Stntc. locn\' alld fe'derally recognizcd Indian tribal governments which are covered by Circular 74-4; or hos;;itllls. The principles are designed to pro,'icie that the Federal Government bear its fair shart! of costs cxceol where restriGted or prohibited by law. The principles do not a llempt to prescribe"the extent of cost shari"g or ma tching on' grants, contracts, or other agrecmCl:ts. However. such cost sharing or ma tching shall not be accomplished through arbitrary limitations on individual cost elements by Fede.al agencies. Provision fer profit or other increment above cost is outside the scope of this Circular. 2. Supersession. This Circular supersedes cost principl~s issued by individual agencies for non'profit organization. 3. Applicability. a. These principles shall be used by all .Federal agencies in determining the .costs of work performed by nonprofit orgllniza tions under grnnts, coopera tive agreements. cost reimbur:;ement contracts. and other contracts in which costs are used in pricing. administration. or s~lllp.ment. All of these instruments are nereafter referred to as awards. The principles do nol apply to awards under which an organiza tion is not required to acco~nt tu the Government for actual costs incurred. L. All cost reimbursement subawards (subgmnts. subcontrRcts. etc.) are subi~cl to those Federal cost principles apphcable to the pllrticulnr organization concerned. Thus. if a subaward is to a nonprofit organization. this Circular 'shall apply; if a subaward is to a commercial organiza lion. the cosl principles applicable to commercial CC:1cerns shall apply; if a subaward is to a college or university. Circular A-Zl shall apply: if a subi1~\'ard i~ 1(1 a Stilte. \ocal:or federa1lyrecdp1ized lnd.!lIn; tribal government. Circular 7~ sb<lU cpply. 4. Definitions. a. "Nonprofit organiza/ion" means any corporation. trust. 8"Ssociation. cooperative. or other organization whi~h (1) is operated primarily for sdcntific. educational. service, charitable. or similar purposes in the public interest; (2) is not organized primarily for profit: and (3) uses its net proceeds.to maintain. Improve. and/or expand its operations. For this purpose. the term "nonprofit organization" excludes (i) colleges and universities; (ii) hospitals; (iii) State. local. and federally recognized Indian tribal governments; and (iv) those nonprofit organizations which arc . excluded from coverage of this Circular in accordance with parngrcph 5 below. b. "Prior approval" means secu~ing the awarding agency's pc;rmission in advance to incur cost for those items that are designated as requiring prior approval by the Circulnr. Generally this permission "o-,:ill be in writing. Where an item of cost rf;quiring prior approval is specified in the budget of an .award. approval of the budget const'ilutes approval cf t~;I\ cost. 5. Exclusion of some nonprofit organizations. Same nonprofit organizations. bec.ause of their size and nature of opera lions. can be considered to be similar to commercial concerns for purpose of applicabiiity of cost principles. Such nonprofit organizations shall operate under Federal cost principles applicable to commercial concerns. A listing of these organizations is colltaine<i.in. Attachment C. Other organizations may be added from time to time. 6. RespoflSibilities. ~ncie.s respons'ible for administering programs that involve awards to nonprofit organizations sball implement the provisions of \.his Circular. Upon request. implementing instruction shall be fWLIisbed to the Office of Management <!.ld Budget. Agencies shall designate a liaison official to serve as the agency representative on mailers relating to the implementation of this Circular. The name and title of such representative shall be furnished to tbe Office of lv1..anaE!eDJent and Budget within 30 davs of the date of this Circular. " 7. AtLDchmenl.s. The principles and related policy guides are set forth in tlle follo...'ing Attachments: Allachment A--Geoeral Principles Allachrnent B-Sclected Hems of Cosl Allachment C-Nonprofit Organization.s Not Subject ~ This Circular -' A-122:1 8. Requests (or exceptiOJls. The OUice of Management B.nd Budget ma~' pnmt exceptions to the requiremenls of this Circular when permissible under existing IlIw. However. in the interest of achieving maximum unifolll1ity. exceptions will be pennilled only in highly unusual circumslances. 9. E!fectil'e Do/e. The provisions of Ihis Circular are effective immedialel\'. Implementlltion shall be ph3sed in by incorporating the provisions inlo new awards made after the start of the organization's next fiscal year. For existing awards the new principlcs may be applied if an organization and the cognizant Federal agency agrce. Earlier imj5)ementation. or a delay in implemeotation of individual ProTI5ions is also permitted by mutual agreement between ,morganization and the cognizant Federal agency. 10. Inquiries. Further information concerning this Circular may be obtained by contacting the Financial Management Branch. Budget Review Division. Office of Management and Budget. Washinglon. D.C. 20503. telephone (202) 39~773. - James T. Mclnlyre. Jr.. Director. (Circular No. A-1Z2] Attachmenl A General Principles Table of Contents A. Basic Considerations 1. Composition of lolal cosls Z. Factors affccting aUowabilily of costs 3. Reasonablc costs 4. Allocable cosls 5. Applicable credits o. Advance underslandings B. Direct Costs C. Indirect Costs.. '\ D. Allocation of Indirect Cosls and Determination of Indirect Cost Rate' 1. Genp.ral 2. Simplified allocation method 3. Mulliple allocation base method 4. Direct allocation method 5. Special indirect coot retes E. Negotiation and Approval of Indirect Cost Rates 1. Definitions Z. Negotia lions and approval of ra les [Circular No. A-122] Alladutlcot A Gc[;eral Principles A. Dosic Considerotions. 1. Composition of total costs. The total cost of an award is the ~um of the allowable dlrcct and allocable indirect costs less anI' app1ical:le credils. . 2. FOLlors o/recling c!Jo,,'obility of "as IS. I Office of Management and Budget Circular A-122 (6/27/80) To be allowable under an award. costs nro~t ml<et the following !teneral criteria: 8. Be rellfiona ble for the performance of the award and be aUocable therelo under these principles. b. Conform 10 aoy limitations or exclusions set forth in these principlcs or in the aWllrrl as to type6 or amo~nt of cosli1ems. c. De cobsistcl;lt wjth policies and proccdures thot apply uniformly 10 bOlh federally financed and other activities of the orga niza tion. d. De accorded consistenttreatmenl. e. Be determined in accordance wltn generally accepled accouniing principles. r. Not be included as a cost or used to meet cost sharing or mal.chillF requirements or any olher federally financed program in either the current or !l prior period. . E. Be adequalely documented. 3. Reasunable casts. A cosl is reasonuble H. in its nature or amount. i(does not exceed that which would be Incurted by'a prudent person under the circumstRnces prevai1ing at the time the decision was made 10 incur the costs. The question of the Teasonableness,of specific costs musl be scrutinized with particular cnre in conneclign with organizations or separate di\'isions thereof which receive the prepond'erancc o(their support from awards made' by Fede'rnl agen'cies. 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 necessar}' for the operation of the organization or the performnnce of the awnrd. b. The restraints or rel]uirements imposed by such factors as generally accepted sound business practices. arms l'en,gth bargaining. Federal and State laws and regulations. Bnd terms and conditions of the awarrl. c. Whether the indivld~1s"concerned acted ',"ith prudence ir: the circumstances. considering their responsibilities to the organization. ils members. employees, aod clients. the public at large. and the Government. d. Significarit deviations from the established practices of the orgJnization which maJ' 'unjustifiably increase the award costs. 4. Allocable costs. a. A cost is allocable to a particular cost objective. such as a grant. project. service. or other activity. in accordance wilh the relative benefits received. A cost is allocable to a Government award if il is treated consistently with other cosls incurred for the same purpose in like circumstances and if i't: (1) Is incurred specifically for the award. (2) Benefits both the award and other work aOld can be dis:ribuled in reasooable proportion to the benefits received. (3) Is necessary to the overall operation of the organization. although a direct relationship to any particular cost objective cannot be shown. b. Any cost allocable to a particular award or olher cost objeclive under these prinr.iples may not be shifted to olher Federal aw;uds to overcome funding deficiencies. or 10 avoid restrictions imposed by law or by the terms of the award. 5. Applicable credjL~. a. The term applicable credits refers to tho~e receipts. or reduction of expenditures which operate \0 offset or reduce expanses ilem~ that ere allocable \0 awards as direct or indirect costa. Typical exomples of such traneoctions are: purchase discounts. rebates or allowances. recoveries or indemnitie~ on losses. insurance refunds. and adjustments of overpayments or erroneous chargea. To the exlenl thaI such credits accruing or received by the orl1anization relate 10 allowable cosl they shall be credited 10 the Government either as a cost reduction or cash rclund 05. appropriate. b. In some instances, the amounts received form the Federal Government to finance orgollizational activities or aervice operalions should be trt!aled as applicable credits. Specifically. lhe concepl of r.elling such crcdil ilems against relaled expendilures should be a;:plied by the organizaton in determing the rllle6 or amounts \0 be orsanization in determining the rales or arnaounts to be chllrged to Federal awards for services rendered whenever the facilities or otht!r resources used in providing Buch . services have bep.n financeu clirectly. in whole or in part, b)' Federal funds; a( c) For rules co....ering program income (i.e.. gross income earned frorr. federally supported activities) see Altaclunenl D of 01\113 Circular A-ll0. 6. Advance and undersLandings. Under any given"award lhe reasonablcnc-ss and allocability of certain items of costs may be difficult to determine. This particularly true in conoecli~n with orgi%Blio~ thaI receive a preponde.ance of their support from Fedcrul agencies. In order to avoid luuaequent disallowance'or dispute based on unreasonablenel\s or nonall~ability, It is oftp.n desirable 10 seek a wrillen agreemenl with the cognizant or owarding 'a"genc); in advance of the incurrence of special or unusal cost~. The absence of an advance agreement on anY element of cost will not. in il~elf. affect the ;easonablenes6 or aliocability of that element. B. Direct Casts 1. Direct costs Rre those tha t can be identified specifical!y with a particular fi:lal cosl objective: i.e.. a particular a.....ard. project. service. or other direct activity of an crg;,niznlion. However, a cost may not be assi<:!ned 10 lin awnrd as a direct cost if anv oih~r cost incurred for the same purpose. i~ like circumstance. has bep-n allocated to an award 116 an indirecl cost. Cost identified S;1ccif.cRlly with Rwords are direcl cost of the awards and are 10 be assigned directly Ihereto. Cost identified specifica liy with other filial cost objectives of the organization arc direct costs of those cost objectives and are not to be assigned \0 other Rward. directh' or ir:rlirectly. . 2. Any direcl cost of a minor'amount m:!y be trr.ated as an indirect CQ$t of or reasons of prucucality where the or-collnt trealment fo. such cost is consistently ilPplied to ~11 fin:!1 cost objecti\'es. 3. The cosl of cerlain activities lire not eHowable 65 charges to Federal awards (~ee. for e>:a:l1p\e. funn raising costs in paragraph J A-122:2 21 of Attachment B). However. even thollgh these cosla lire unallowable for purposes of compllting charge6 to Federal awarns. they nonetheless must he treated R~ direct cost for purposes of determining Indirect cost ra tes Rnd be allocated their share of the organization's indirect costs if Ihe)' represent oclivitieswhich (1) include the salaries of personnel. (2) occu;'v sp~ce. and (3) bcnent from the organization's indirect costs. 4. The costs of activities performed primarily a8 0 service to members. clients, or the gr.neral public .....hen siRnificnnt and neces~ar)' to the orgunization's mission mUllI be treR ted a8 direct costs when or not ollov.'uble and be allocoted an equitahle share of indirect costs. Some eXRmples of the~e lypes of activities include: II. Maintenunce qf membership rolls. sllbs'criptions. publicoliom. and related functions. b. Providing services and information to members. legislative or administrative bodics. or the public. G. Promotion. lobbying, and other forms of public rela lione. d. Meetings and conferences except those held to conduct the general administration of Ihe organization. 3. !\tainlenacne. protection, and investment of ~peciallunds nol used in opernlion of the orguniz8 tion. r. Administration of sroup benefils on behelf of members of clienls includi:1g life .and hospitRI insurance. annuity or retirement plans. financial aid. elc. e. Indirect Cosl. 1. Indirect costs are those that have been inc::rred for common or joint objeclives and cannot ue readily. identified with a particular final wst objective. Direct Cust of minor ar.lOunts may be treated as indirect cosls under thi! connitions described in puapraph 13.2. auo\'e. After direct costs have beeo determined and assigned directly \0 awards or other work as appropriate. indIrect costs I\r~ those rem;.;ning to be allocated to benefiting co~. objectives. A cost m:>.y not he allocated to an award as an indirect cost if <lilY olhp.r cost incurretl for the iame purpost!. in Eke circumstances. 'has been as~ig~ed to an ",,:ard as a direct cost. 1 2. Bp.cause of the diverse characterislics R:1d accounting practices of nonprofit crganizations. il is not possible to specify the typf'S of cost which may be classified U8 innirecl cost in all situation. However, typic!!1 examples of indirect cost for many nonprofit o:'ganizations may include depreciation or use allowance]> Of! buildings and equipmenl. the costs of oper.ltU1g and mainlaining facilities. and general odmioislration and g~'neral expenses. sllch a~ the salaries and expenses of executive of[icers. personnel odrr:inistration. and 9.ccounting. D. Allocation of Indirect Cast and Dr/ermination of Indirect Cast RuIDS. 1. General. a. Where a nonprofit or!!anizRtion has only one rr.lIillr function. or w~,ere ail ils major functions benefit from its indirer.l costs to apprnximately the same degr('e. the "Iiocr.lion of inui:('cl r.ost. Ilnd the I Office of Management and Budget Circular A-122 (6/27/80) computation of an indirect costnle aa,' be eccomplished throu~h simplified alloclition procedure I as described in paragraph 2 below. b. Where an orgeniution has several major functions which benefit from ils indirect costs in varying degrees. allocation of indirect costs may require the accumulation of such costs Into separale cost groupings which then are allocated individually to benefiting functions bv meAns of a base which best measures the rp.lntive degree of benefil. The ir.direcl costs r.llocaled 10 each function are then distribuled 10 individual awards and other activities included in tha I dunction by means of un indirect cosl rale(s). c. The determinotion of whot constitules an or~anil'.alion's mnjor funclions will depend on its purpose in being: the types of ser-'ices it renrlers to the public. ils clients, IInd ils members: nnd the IImollnt of effor\ It devoles to such activities ns fund rolsing. public information and membership nctivities. d. Specific methods for alloca ting indirect costs and computing indirect cost rotes along with the condilions under which each method should be used are described in paragraphs 2 through 5 below. e. The base period for the alloca tion of indirec.t 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 wilh the organization's fiscal year. but in any evn!. shall be so selectee! as to avoid Inequities in the allocation of the costs. 2. Simplified al/ocatian method. a. Where an organization's major functions benefit from its indirect COits to approximatel)' the same e!egre. the allocation of indirect costs may be accomplished by (i) separating the orgnnization's total costs for the base period as either direct or indirect. <<nd (ii) di\'idin~ tbe total alloweble indirect costs (net of ap'piic:able credits) by an equitable dislribution base. The resull of this process is an indirecl cost rate which is used to distribute indir[)ct costs to individual a warOs. The rele should be expressed as the percentage which the total amount of allowable indirect costs bears to Ihe base selecled. This method should alos be used where an organization has only one major function encompassing a number of individual proieLI~ or IIcti\'ities. and may be used where the level of Federal awards 10 an organiz[)linn is relatively small. b. both the diroct costs and the indirect ccsts shall exciuGe cap;:!.! expenditures nnd unallowable coslS. I iowever. unallowable costs which represer.t l\ctivilies mllst be included in the direct costs under the conditions described in paragraph B.3. above. c. The dislribution base mar be tolal direct costs (excluding capital expenditures and olher distorting items. such Iii major subcontracts or s:.:bbrar.lti). direct sr.larie5 and wages. or olher base which results in an equitable distribution. The distribution base shall generally exclude pa:tidpant suport cosL< ns de[ined in paragraph ZIl of Allac:hment B. d. E~ce~.t where a s!Jecia! ril\e[s) io rrquired in accordance with paragraph 0.5 be low. the .i ndiTec:t,GQ'llt 1'8 '" ~.wQ loped .... tkr the above princ..iplm.is aro>licalo\.e .lD 8\1 award. atwe 0C!l ani.....li on. II a spocial rate(s) is required.llppraporiate modu.CJltioru 5hllll be made in order lD develop .tbe special rale(s). 3. Multiple al/ocolion base method. &. Where an o~anization's indirnct costs benefit its majodunclions in nrying degrees. such costs shall be accumulatod into separate cost groupirl[!s. Each grouping sha\lthen be allocated individuslly to benefiting functions by meani of a bnse which best measures the relative benefits. b. 11le groupings shall be estnullshed 50 AS to permit the allocation of each grourin~on the basis of benefits provided to the major functions. Each groupi~ should constitute B pool of expenRes that ore of like characler-in lerms of the lllnc:lions lhey henefilllnd ill lenlls of lhe ullOC1l1i1l1l hll~" whll~llll,til measurs the relulive benefiti pro\'idd to each function. The number of separate groupings should be held within practical limits. taking inlO conRiderulkm the materialily of the amounts involved and the degree of precision desired. c. Actual conditions must be taken inlo account in selecting the base 10 be used in allocating the expenses in each grouping to benefiting functions. When an allocation can be made by assignment of 8 cost grouping directly 10 the function benefited. the allocation shall be made in lhat manner. When the expenses in a grouping are more general in nature. the allocation should be made through the use of 8 selected base which produces results that are equitable to both the Government imd the organization. In general. any cost element or cost related faclor associated with the O'l!anization's work is potentially adaptable for use as an allocation base provided Ii) it can readily be expressed in terms or dollars or other quantitative measures (Iotal direct costs. direct salaries and ....ages. stafr hours applied. square feet used. hours of usage. number of documents ~rocessed. population served, and the like) and (ii] it is common to the benefi ling [unctiuns during the base period. d. Except where a special indirect cost rate[s) is required in accordance with paragraph 0.5. below. the separate groupings of indirect costs allocated to each major lunction sholl be agregated and treated as a common pool for that function. The costs in the common pool shall then be distributed to indivisual awars inciuded In that function by use of a single indirect cost rate. e. The distribution base used in computing \l,e indirect cost rate for each function mav be lotal dirp.ct costs (excluding capilal . c;penditures and olher distorting items such US major subcontracts and subgrants). direct ~alaries and wages. or other ase which results in an equitable distribution. The distribution base shall generally exclude participant support costs as defined in paragraph 29. Al\achmenl B. An indirect cost rate should be developed fir each shparale indirect cost pool developed. The rate in each case should be slated as the percentage which the amount of the particular indirect cost pool is of the distribution base identified .1 A-122:3 with tM t ~ .(. Direct allocation method. a. Some rnmprofit organizations. treat all costs as direct costs expect general administration and general elCpenses. These organizations generally separate their costs into thre basic categories: [i) General administralion and general expenses. (ii) fund raising. and (iii) other direct funclions (including projects performed under Federal nwards). Joint costs. such as depreciation. renlnl costs. operation and maintenance of fncilities. telephone expenses. end the like arc prorated indivisually as direct cost 10 each category and to each nwnrd. or other activity using a base most appropriate to the parlicular cost being prorated. b. This method is acceptable provided each joint co.st is prorated using a base which IIccurntely mellSllres the henr.fils prnvided to ellch IIwllnl or IIlher IIcllvll\'. Thn \JI\~"" I1l1l11\ be established in accordan~e with resonable criteria. and be supporled by current dala. This method is compatible with the Slandards of Accounting and Financial Reporting for Voluntary Health and Welfare Organizations issued jointly by the Nalional Health Council. Inc.. the National Assembly of Volunlarv Health and Social Welfare Organizati~ns. and the United Way of America. c. Und'.lr this method, indirect costs consist eclusively of general adminislmtion and genera I expenses. In all other respects. the organizalion's indirect cost ratess shal be computed in the same manner as that described in paragraph 0.2 above. 5: Special indirect cast rates. In some instances. a single indirec:t cost ra le for all . activities of an organization or for each major funelion of the organization ay not be appropriate. since it would not lake into accounl those different factors which may substantially affecl the indirect costs applicable to a particular segment of work. For this purpose. a particular segment of .....ork. For this purpose. a particular segment of wOlk may be that performed under a single award or it mav consist of work under a group of awards performed in a common environment. the factor. may include the physical location of the work. the levp.[ of Rdministra tive support required, the na ture of the facilities or order resources employed. the scienli[ic disciplines or technical skills involved. the organizational arrangements used. or any combination thereof. VVhen a parlicular segment of work is performed in an environment which appears to generate a significanlly different level of indirect costs, provisions should be made for a separate indirect cost pool applicable to such work. The separole indirecl cost pool should be developed during the course of the regular allocation process. and the separate indirect cost rate resulting therefrom should be used provided it is determined that (i) the rate differs significantly from thaI which would have been obtained under paragraph 0.2. 3. and 4 obove. and (ii) the volume of work to which the rale would apply is malerial. E. Negotiation alld Approval of Indirect Cost Rates. , , I Office of Management and Budget Circular A-122 (6f27/80) 1. Definitions. As used in this seclion. the followl~g terms have the meanings set forth below: a. "Cognizant agency" menns lhe Federal agency responsible for negotiating and approving indirec:t cost rales for a nonprofit organization on behalf of all Federal agcncir.s. b. "Predetermined rote" means an indirecl cost rate. applicable to a spec:ified current or future period. usually the organization's fi~c8l year. The rate Is based on an estimate of the cosls to be incurred during the period. A predetermined rale is not 8ubject to adjustment. c. "Fixed rate" means on indirect cost rate which has the sume characteristics as a predetermined rate. except that the difference between the estimated costs and the actual cosls of the period covered by lhe rule is carried forward os an adjustment to the rale compulation of a subsequent period. d. "Final rale" means an indirect cosl rate applicable to a specified post period which is based on the actual costs of the period. A final rate is not subject to adjustment. e. "Provisional ra te" or billing ra Ie means a temporary indirect cost rate applicable to a specified period which is used for funding. interim reimbursement. and reporting indirect costs on awards pending the establishment of a rata for the period. r. "Indirect cost proposal" means the documentation prepared by an organization to substantiate its claim for the reimbursement of indirect cosls. This proposal provides the basis for the review and negotiation leading to the establishment of an organization's indirect cost rate. g. "Cost objective" means a function. organizational subdivision. contract. grant, or o:her work unit [or which cost dala are desired and for which provision is made to accumulate and measure the cosl of processes. projects. jobs and capitalized projects. 2. Negotiotion and opprot'ol oJ rates. a. Unless different arrangements arc agreed to by the agencies concerned. the Federall3gency with the largest dollar value of awards with an organization will be designate:! as the cognizant agency for the negotiation and approval of indirect cost rales and. where necessary. other rates such as fringe benefit and compuler charge-out rales. Once an agency is assigned cognizance for a particular nonprofit organization, the assignment will not be changed unless Ihere is a major long-term shifl in the dollar volurlle cf the Federal awards to the organization. All concerned Federal agencies shall be given the opportunity to participate in the negotiallon process. but after a rate has been agreed upon it will be accepted by all Federal agencies. When a Federal agency has reason to believe that special operating factors e!iecting its awards necessitate special ifldirecl cost rales in accordance with ~aragraph D.5 above, it will, prior to the time tne rates are negotiated. notify the cognizant agency. b. A nonprofit organiza tion which has not previously established an indirect cost rate with a Federal agency shall after the crganizalion is advised that an award will be made and. in no event, laler than thrce months after the cffective dale o[ the award. c. Organizations that have previously estabiished indirect cost rates must submit a new indirect cost proposal to the cognizant agency within six months after the dose of each fiscal year. d. A predetermined rate may be negotiated for use on awards where there is reasonable assurance. based on past experience and reliable projection of the organization's cosls. thaI the rate is nol likely to exceed a rale ba~ed on the organization's Dctual costs. e. Fixed rales may be negotiated where predetermined rates are not considered appropriate. A fixed rale. however. shall not be negotiated if (i) 011 or a subslantial portion of the organization's awards are expected to expire before the carry-forward adjustment can be made: (ii) the mix of Governmenl and non-government work at the organization is too erralic to permit an equitable carry. forward adjustment: or (iii) the organization's operations nuctuate significantly from year to year. f. Provisional and final rates shall be negotiated .where neither predelermined nor fixed rates are appropriale. g. The results of ellch negoliation shall be formalized in a written agreement between the cognizant agency and the nonprofit organiza tion. The cognizant agency sha1\ distribute copies of the agreement to all concerned Federal agencies. h. If a dispute arises in a negotiation of an indirect cost rale between the cognizant agency and the nonprofit organi:;:ation. 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 snch problems in a timely manner. [Circular No. A-1Z2] Atlachment B Selected lIems o[ Cost Table of COlltents 1. Advertising costs 2. Bad debts 3. Bid anrl proposal costs (reserved) 4. Bonding costs 5. Communicalion costs 6. Compellsation [or personal services 7. Contingency provisions O. Contributions ~. Deprl~ciatlon and use allowances 10. Donations 11. Employee morale, health and welfare costs and credits 1::. Enter:ainrnent costs 1:1. Equipment and olher capital expenditures H. Fines nnd penalties ' 15. Flio!:;! benefits 11). Idle '[acilities and idle car-lId:y 17. Independent resenrch and development (resen'ed) 18. Insurance and indemnificalion 19. Inlere~t. [und-raisin!;. andinvestrnenl mllnngem!:nt costs W. Lnbor relatiofls cMls .1 A-122:4 21. LC'ss(>s on ollie. ll.....ard. n. Mainlenance a:ld r<:pllir cosls 23. Materials /Vld supplie. 24. Mcetin~s. conferenccs z.;. MemLerships. subsGriptions. alld pre[essional aCli,'ily custs 20. Organizalion costs 'D. O,'erlime, extra'pay shif\. nnd multishifl premiums 20. Page chnrges in pro[essi:mul journllls 29. Participant supporl costs :la. !'alenl cosls 31. Pension pluns 32. Plant seGurity costs . '33. Prell ward cosls 34. Profession/ll service cosls 36. Profils and 105ses on dispo~ition of depreciaule property or other capilnl IIssels 3f). Public ir'iformlltion serdce costs 3i. Publication llnd pJinling co.sts :iO. Rearrangement and nllcrnlion costs 39. RecoO\'ersion costs 40. Recruiting costs 41. Relocation costs 42. Rental costs 43. Royalties und other costs [or lrt;c of palents and copyrighls 44. Severance pay 45. Specialized service facilities 'Ill. Taxes 'Ii. Termir.ation cosls 40. TrainiJlf: and education costs 49. Transportation costs 50. Travel costs [Circular No. A-l2.2} AIlDchment B Selected Items of Cost Paragraphs 1 through 50 provide principles to be applied in eslablishing the allowubility o[ cerlnin ilems o[ cost. These principles apply whether a cost is treated as direct or indirect. Failure to mention a particular item of cost is not intended to imply thaI il is unallnwable: rather determination os to allowabilitv in each case should be based on the trea In\~nt or principles provided for similar or rela ted items nf cost. 1. Advertising COots. .. ... 8. Ad',ertising costs mean the costs of. - media services and associated costs. Media advertising includes magazines. newspapJrs. radio and television programs. direct maiL exhibits. and the like. b. The only advertising costs allowable are those which are solei)' lor [i) the recruitment of personnel when considered in conjunction ",Ilh all other recruitment costs, as set [ortb in paragraph 40:.[ii) the procurement of goods and services: (iii] the disp08al o[ SUrplU5 mOllerials acquired in the performance o[ the "wnrd except when organizations are reimbursed [or disposals at a predetermined omount in accordance with Attachment N of OMt] Circular A-llO: or (iv) specific .requirements of the award. 2.. Bod doblS. Bad"{!ebts. including looses ( whether aClual or estimated) arising from uncollectible accounts and other claims. relaled collection costs. and rclalllo leglll costs. are un8110wRble. 3. Did and proposal casts. [reserved) 4, flvnding costs. " ; .,",\ I ' Office of Management and Budget Circular A-122 (6/27/80) a. Bonding co~ts arise when the Government reGuire~,assurance agllinst finuncialloss to it.sell or others r.y reason of the ar.t or default of the ol'gllnization. They ..rise also In instllnce, where the organiution ",quires similar assuranoe. Included are such bonos as bid. performance. payment. InlnlOr.e payment. InfringemenL and fidelity bunds. b. Custs of bonding required pursuant 10 the tern's of the award art' allowl\hle. c. Costs of bonding required br the org.1ni7.i1tion in the gener/ll conduct of il. uperat:ons arc allowahle to Ihe elLtcntthat sLlch bonding Is in accordance with sound business practice IInd the rates and premiums lire reasonllble under the circumstance8. 5. Communication DOlltS. Costs incurred for h,lerhone serviceR. local and long distance telephone colis. telegrams, radio!lralm. postage Rnd the lI\:e, are allowable. 6. Compensation far personal sen-ices. a. Definition. Compensation {or pel'1lonal services includes ,Ill compensation paid currently or accrued by the orgar:il:ation Cor services of employees rer.dered during the period of the award (exccpt os oilierwise provided in paragraph g. below). II includes. but is not limited to, aalaries. wnges, director's and executive committee member's fees, incentive awards, fringe benefits. pension plan costs. allowances for oIT-site pny, incentive pay. location allowances, hcrdship pay. and cost of li\'ing difierentials. b. Allowability. Except as otherwiBe s;>ecifically provided in this paragraph the costs of such compensation are allowable to the extent that: (1) Total compensation to,individual employees is reasonable for the services rendered end conIonns \0 the established policy of the organization consistently applied to both Government and llon- Government activities: and (Z) Charges to awards whether treated as direct or indirect costs are dete.mined and' supported a\; required in this paragraph. c. RcasanablCJlcss. (lJ Wben the organization is predominantly engaged in activities other than those sponsored by the Government. compensation Cor employees on Govarnmonl-sponsored work will be considered reasonllble 10 the exlent that il is consistent with thai paid for similar work in the organization's oilier activities. (Z) When the organizalion is Jlredominllntly engaged in Government-sponsored activities and in cases where the kind of employees required for the Government acth-ities,are not fOW1d in the organization's other activities, compensation for employees on Go,oernment-sponsored work will be considered reasonable.to the extenlthal it is comparable to that paid for similar work in the labor markets in which the organiz.ation competes for the kind of employees involved. d. Special considerations in determining olJowobility. Cerlain conditions require special consideration and possible limitotions in determining costs under Federal awards where amounlsor types of compensation appear unreasonable. ^mong such conditions are the following: 11J Compensution to members of nonprofit oq:aniz<:tions. trustees. dirertors. R~sor.iates, officers. or the immediate flllllilie8 thereof. DrterminAlion should he made Ihnt sur.h compemation is reQsonnble for the actunl personal scrvir.es rendered ruther than a distribution of earnings in excess of cos~. (Z) ^ny change in Rn o~nllization's compensation policy resulling in a substantial increase in the organi:tation's level of compensation. particularly when it was concurrent with an incrense in the rlltio oC Government awards to other activities of the organization or any chnnge in the trentmenl of allowaoilit)' of specific types of compensatiun due to changes in Government policy, e. Unallowable casts. Costs which Rre unnllowable under other paragraphs of this ^lIachment shall not be allowable under this pnragruph soleI)' on !lIe basis that they constitute penonal compensation. f. Fringe benefits. (1) Fringe benefits in the fonn of regular compensalion paid 10 employees during. periods oC autho.ized absences from the Job. such as vacation leave. sick le8ve, military leave. aud the like. arc allowable provided sur.h costs are absorbed b)' all organization activities in proportion to the relative amount of time or effort actually devoted to each. (Z) Fringe benefils in tbe form of employer contributions or expenses ror social security. emploj'ee insurance, workmen's compensation insurance, pension plan costs (see paragraph g. below), and the like. are allowable provided such benefils 8.e granted in accordance witb established wrillen organization policies. Sucb benefits whether trea ted liS indirect costs or liS direct costs. shall be distributed to particular awards and other activities in a manner consistent with the pattern of benefits accruing to the individuals or group of employees whose salaries and wages are chargeable to such awards and other ac!ivities. (3)(0) Provisions for a reserve under a self- InSurance program for W1employment compensation or workmen's compensation ere allowable to the extent lhat the provisions represent reasonable estimates of the Iiabilitiec for such compens8tion, IInd tho types of coverage. extent of coverage. and roles and premiums would have been allowable had insurance been purchased to cover the risks. Howevar. provisions for self- insured liabilities wbich do not become payable for more than one year after the provision is made shall nol ex.ceed the present value of the liability. (b) Where an orljanizalion follows II consistent polcy of expensing aclual payments to. ar.on behalf at employees or former employees for W1employment :Compensation or workmen's compansation, such.payments are allowable in the year of "payment with the prior approval of the swarding agency provided they are allocated to,all activities of the organiza lion. (4) Costs of insurance on the lives of trusl['es, officers. or other employees holding positions of similar responsibility are allowable onl\' to the ex lent that the insurnnce rep~esenls additional compensiltion. The costs of such insurance .....hen the organization is named as, -I A-122:5 beneficiary are unallowable. g. Pension pIon costs. (1) Costs of the organization's pension plan which are incurred in accordance with the established policies of the organization are allowable, provided: (a) Such pulicies meet the test of reasonableness: (bJ The methods of cost allocation are nol discriminatory; . (c) The cost assigned to each fiscal year is determined in accordance with generally accepted accounting principles as prescribed in ^ccounting Principles Doard Opinion No.6 issued by the ^mericnn Institute of Certified Public ^ccountants: and (d) The cosls assigned to a given fiscal yenr ere funded for all plan participants within six months ailer the end of that year. However. increases to normal and past service pension cosls cllused by a delay in funding the actunrialliability beyond 30 days after each quarter or the year to which such costs are assignllble are unallowable. (Z) Pension plan termination insurance premiums paid pursuanlto the Employee Relirement Income Security Act of 1974 (Pub. L. 93--400) arc allowable. Late payment chRrges on 8uch premiums are unallow~ble. (3J Excise taxes on accumulated fundlOg deficiencies and other penalties imposed under the Employee Retirement income Security ^ct are unallowable. h. Incentive compensation. Incentive compensation to employees based on cost reduction, or efficient perfonnance, suggestion awards, safety swards, etc.. are allowable to the extent that the overall compensation is determined to be reasonable and such costs are paid or accrued pursuant to an agreement entered inlo in good faith between the organization and the employees before the services were rendered, or pursuant to an eslablished plan folluv.:ed by the organization so.consistently as to Imply, in effect. an agreement to make such paymen\. .' . i. Overtime, extra pay shift. and mullishift premiums. See paragraph Z7. j. Severance pay. See paragraph 44. k Training ond education DOStS. See . "\ paragraph 'lB... .' \. Support of salaries and wages. - (1) Charges to awards for salaries, and wages, whether treated as direct costs or indirect costs, will be bosed on documented payrolls approved by a responsible officialls) of the organization. The distribution of solaries and wages to awards must be supported by personnel activity reports as prescribed in subpsragraph (2) below. except when a 8ubstitute svstem has been approved in "'Tiling by the th~ cognizant agency. (See poragrsph E.2 of Allachment A) (2) Reports renecting the distribution of activity of each employee must be maintained for all slaff members (professionals and nonprofessionals) whose compensation is chargee!. in whole or in part, directly to awards. In addition, in order to support the allocation of indirect cosls, such reports must al80 be mainlained for other employees whose work involves two or more funcitons or activities if a distribution of their compensotion between such functions or nc:tivilies is needed in the determination of I .. . , ' .1 Office of Management and Budget Circular A-122 (6/27/80) the organi7:alion's imlirect cost TRle(s) (e.g.. an Employee engaged part, time in indirect cost activities and parl-lime in a direct function). Reports maintained by nonprofit organi7:ations to satisfy these requirements must meet the following standards: (a) The reports must renect an afler-the- fact determination of the actual activily of each employee. Dudget estimates (i.e.. estimates determined before the services sre performed) do not qualify as support for charges to aVlords. (b) Euch report must account for the totol activity for which employees are cornpcllsated and which is required in fulfillment of their obligations to the organizo tion. (c) The reports must be signed by the individual employee, or by a responsible supervisory official having first hand knowledge of the activities performed by the employee. thotthe distribution of octivity represents a reasonllble estimate of the actual work perfo:mad by the employee during the periods covered by the reports. (d) The reports must be prepared at least monthly and must coincide with one or more pay periods. (3) Charges for the salaries and wages of nonprofessional employees. in addition to the 'supporting documentation described in subparagraphs (1) and (2) above. must also be supported by records indica ting the total number of hours worked each day maintaioed in conformonce with Department of Labor regulations implementing the Fair Labor Standards Act (29 CFR Part 516). For this purpose. L,e term "nonprofessional employee" shall have the same meaning as "nonexempt emplo~'ee:' under the Fair Labor Standards Act. (4) Salaries and wages oj employees used in_meeting cost aharing or matching requirements on awards musl be supported in the same manner as salaries and wages claimed for reimbursement from awarding agencies. i. Contingency provisions. Contributions 10 a conlingency reserve or any similar provision made for events the occurrence of ,,:hich cannot be ioretold with certainlv as to time. inlensity. or with an assurance or their happening. are unallowable. The term "contingency reserve" excludes self- insurance reserves (Eee paragraph 6.f.(3) and lfl.a.(2)(d)): pension funds (see paragraph 6.(g)): and reserves for normal severance pay (see paragraph 44.(b)(1). 6. Contributions. Contributions and donations by the organiz.ation to others are l1oallowable. 9. Depreciaiion and use allowances. a. Compensation for the use of buildings. other capital improvemenls, Bnd ~quipment Gr: bane may he made through use ?lio"':an~es or depreciation. However. except as prr1vided in paragraph r. below a comuiOlation of the two methods m(lV not ~ "sed in clmnection with a single class of fjxed as.els [e.g.. b~.ildings. office equipment. computer equipr.lent. etc.). b. The competa lion of use allov,:ances or ';',pr ciation shall be based on the H.,!l! si:ion cost of the assets involved. Th~ aCOl: sition cosl of an asset clJr:aled to the organization by a third part~' shall be Its fair market value at the lime of the donation. c. The computation of use allowor.ces or deprecia tion will exclude. (l) The cost of land: (2) Any portion of the cost of bui:dings and equipment borne by or donated by Ihe Federal Government irrespective of where title was ori!:inally vested or where il presently resides: and (3) Any portion of the cost of buildings and equipment CO!Jtrilluted by or for the or!-:ani7:aliun in satisfaclion of a statutory malching retirement. d. Where the use allowance method is followed. the use ollowance for buildings and improvement (including land improvements such as ptlved r'Brking areas. fences. and sidewalks) will be computed at an annual rale not exceecing two percent of ocquisition cost. The use allowance for equipment will be compuled at an annual rate not exceedir.g six and two-thirds percent of acquisition cost. \Vhen the use allowance method is used for buildings. the entire building must be trealed os a single asset; the building's components (e.g. plumbing system. heating and air conditioning. elc.) csnnot be segregated from the building's shell. The two percent limitation. however. need not be applied \0 equipmenl which is merely a:tached or fastened to the huilding but not pc-rmanently fixed to it and which is used as furnishings or decorations or lor speciali7:ed parposes (e.g.. dentist chairs and dentaltreatrnent units. counters. laboratory benches holteuto tha fluor. dishwashers: carpeting. elc.). Such equipment will be considered as not being permanently fixed to the building if it can be removed without the need for costly or extensive altera tions or repairs 10 the building or the equipment. Equipment that meets these criteria will be subject to the six and two-thirds percent equipment use allowance limitation. e. Where depreciation method is followed. the period of useful service (useful life) established in each case for usable capital essets must take bto considera tion such factors as type of construction. nature of the equipment used. technological developments in the particular program area. and the renewal and replacement policies followed for the the individual items or classes of assets involved. The method of depreciation used to assign the cost of an IISset (or group of assets) to accounting periods shall renect the pallern of consumption of the asset during its useful life. In the absence of clear evidence indicating that the expected consumption of lhe asset will be significantly greater or lesser in the early portions of its u~cfullife than in the later portions. the straight-line method shall be presumed to be the appropriale method. Depreciation mclhods once used shall not be changed unless Hpproved in advance by the cognizant Fcceral agency. When the delJreci;;tion method is introduced for application to assets previously subject to a use allowance. the combination of use Bll-owances and ncprecint.on applicable 10 such assets must nol exceed the lotal acquisition cost of the :1ssets. V,'llen the depreciatIOn method is useu fm huildings. a bujldin~'s snell n:ay ue A-122:6 sq:rcga\cd from each huilding component (e.g.. plumbing system. healing. and air conditioning syslem. etc.) and each item depreciated over its estima'ed usefulli[e: or the entire building (i.e.. the shell and all components) may be treated as a sir.gle asset and depreciated over a single usefulli[e. r. When the depreciation method is used for B particular class of assets. no depreciation may be allowed on Bny Buch as~ets lhat. under purHgraph e. above. would be viewed as fully depreciated. However, B reasonllule use allowance mllY be negotioted for such assets if worranted after taking into consideration the omounl of deprecialion previously charged to the Government. the estimated useful life remaining at time of negotiation. the effect of any increased maintenaoce charges or decreased efficiency due to age. ond any other [actors pertinent to ..the utili7:a tion o[ the osset for the purpose contcmplated. g. Charges for use allowances or depreciation musl be supported by adequate property records and physical inventories must be taken at least once every two years (a slaliltical sampling basis is acceptable) to ensure that assets exist and are usable and nee(lt:u. When the depreciation method is followrd. adequate delJrecia tion records indicating the amount of depreciation taken cach period must also be maintained. 10. Donations a. Services received. (1) Donated or volunteer services may be furnished to an organization by pro[essional and technical personnel. consultants. and other skilled and unskilled labor. The value of these services is not reimbursable either as o direct or indirect (;osl. (2) The value of donated services utilized in the performance of a direct cosl activity shall be c(lnsidered in the determination of the organi7:ation's indire'ct cost ratels) and. Hccordingly. shall be allocated a J'roporlion~te share of applicable indirect coslS when the [ollowing circumstances exist: la) The ags~egate value of the services is nlaterial: [ll) The services are supported bhq significant amot!nt of lloe i~lirect costs. . . incurred by the organi7:H lion: (c) The dir~ct cost activity is notlJursu'cd primarily for the benefit o[ the Federal Gov(:~nmcn\. (3) In those ills lances where there is no b;lsis [or delermining the fair market value of the services rendCTerl. the recipient and the cognizant agency shall negotiate an appropriale aiiocution o[ inuirect coslto the sl:r..:ces. (4) Where dona led services directly benefit a ;:roject supported by an a ....ard. the indirect costs allocated to lhe services "ill be comidered as a part of the total cosls of the projecl. Such indirect costs may be reimbursed under the award or used to meet cost sharing or matching requirements. (5) The value of tl1e donated services may IH' used to mect cost sharing or matching r"quiremenls under conditions described in I'.ltachment E. OMB Circular 0'0. A-l10. \\'here dona led services ure trented as inc\irect cosls. indirect cosl rales will sl:parale the value of lhe donations so thaI ,I 4 I . '\ I Office of Management and Budget Circular A-122 (6/27/80) reimbursement will not be made. (6) Fair market value: of donated services shall be computed as follows: (a) llates far volunteer sen'ices. Rales for volunte~rs shall be consistent with those regular rates paid for similar work in other activities of the organization. In cases where the kinds of skills involved are not found in the other activities of the organizB tion. the rates used shall be consistent with those paid for similar work in the labor market in which the organiza lion competes for such skills. (b) Sen'ices donated by other organizations. When an employer donates the services of an employee. these services shall be valued at the employee's regular rate of pay (exclusive of fringe benefits and indirect costs) provided the services are in the same skill for which the employee is normally paid, If the services are not in the same skill for which the employee is normally paid. fair market value shall be computed in accordance with subparagraph (a) auove. b. Goods and space. (1) Donated goods; i.e.. expendable personal property / supplies. and dona led use of space milY be furnished to an organization. The value of the goods and space is not reimuursable either as a direct or indirect cost. (2) The value of the donations may be used to meet cost sharing or matching share, requirements under the conditions described In Allachment E. OMB Circular No. A-ll0. The value of the donations shall be determined 10 accordance with Allachment E. Where donations are treated as indirect costs. indirecl cost rates will separate th~ value of the donations so that reimbursement will not be made. 11. Employee morale. health. and welfare. costs and credits. The costs of house publications. health or first-aid clinics. and! or infirmaries, recreational activities. employees' counseling services. and other expenses incurred in accordance with the organization's established practice or custom for the impro\'ement of working conditions. employer-employee relations. employee morale. and employee performance are allo\\'nble. Such costs will be equitably apportioned to all activities of the organization. Income generatcd from any of thcse activities will be credited to the cost . thereof unless such income has been irre\'ocably set over to employe~ weHare orga niza t ions. 12. Entertainment costs. Costs of amusemenl. diversion. social activities. ceremonials, and costs relating thereto. sucl. as meais'. lodging. rentals. transportation. and gratuities are unallowable (but see p;:rngr?phs 11 and 25). 13. Equipment and other capiJol e.\pendit ures. a. As used in this parngraph. the following lcnr..;l.havethe.m!l~ninm; l!~.U9rth below: (1) "Equipment" means an article of nonexpendable tangible personal property ha\'m8 a useful life of more than two vears and an acquisition cost of $500 or moie per unit. An organization may use its own dc!inition provided thai i't alleast includes all no~expendable tangible personal property tiS defined herein. (2) "Acqui!ition cost'. means the net invoice unit price of an item of equipment, including the cost of any modifications. attachments. accessories. or auxilitlry apparatus necessary to make it usable for the purpose for which it is acquired. Ancillary charges. such as taxes. duty, protective in- transit insurance. freight. and installation shall be Included in or excluded from acquisition cost in accordance with the organization's regular wrillen Bccounting practiceR. (3) "Special purpose cquiplolenl" mcans equipment which is usable only for research, medical. scientific. or technical Bctivities. Examples of special purpose equipment Include micr05copes. x-ray machines. surgical instruments. and spectrometers. (4) "General purpose equipment" means equipment which is usable lor other Ihan research, medical. scientific. or technical activities. whether or not special modifications are needed to make them suitable for a particular purpose. Examples o[ general purpose equipment include office equipment Bnd furnishings. air conditioning equipment. reproduction and printing equipmenl. motor vehicles. and automatic data processing equipment. b. (1) Capital expenditures [or general purpose equipment Bre unallowable as a direct c09t except with the prior approval of the awarding agency. (2) Capital expenditures for special purpose equipment are allowable as direct costs provided that items with a unit cost of $1000 or more have the prior approval of the awarding agency. c. Capital 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 improvements to land. bcildings. or equipment w.hich materially increase their value or useful life are unallowable as a direct cost except with the prior approval of the awarding agency. e. Equipment and other capital expenditures are unallowable as indirect costs. Howcver. see paragraph 9 for allowability of use allowances or depreciation on buildings. capital improvements. and equipment. Also. see paragra~h 42 for allowability of rental costs for land. buildings. and equipment. H. Fines and penalties. Costs of fines and penalties resulting from violations of. or failure of the organization \0 comply with Federal. State. and local laws and ret:ulations are unallowobie except when incurred as a result of compliance with specific provisions of an award or instructions in writing [rom the awarding agency. . 15. Fringe benefits. See paragraph 6. f. 16. Idle facilities and idle capacity. a. As used in this paragraph the following terms have the meanings set forth below: (1) "Facilities" means land and buildings or any portion thereof. equipment individuallv or collectively. or any other tangible capita-l .ssel. wherever located. and whether ov..'Tled or l,~ascd by the organiza tion. (:!) "Idle facilities" means complete!\' unllSJ:d facilities tha: are e"Xcess \0 the' or~ani2.ation's current needs. I:J) "Idle C3pacit:," means the unllCoed .I A-122 :7 capacity of partially used facilities. It is (be differcnce betweeD that which 8 facility could achieve under 100 per cent opera ting time on a one-shill basis less operating interruptions resulting from time lost for repairs. setups. unsatisfactory materials. ano other normal delays. and the extent 10 which the facility was actoally u,ed to meet demands during the accountinl! period. A mullishifl basis may be used if it can be shown that this amouo1 of usage could normally be expected for the type of facility involved. (4) "Costs of idle [acililies or idle capacity" means COstR such IUl maintenance. repair. housing. rcnL and other related cosl1l; e.g.. property taxes. insurance. and depreciCllion or use allowances. b. The costs of idle facilibies are unallo\~able except to the ex lent lh~t: (1) They are unnecessary to mecl fiuctuations in workload: or (2) Although not necessary to meet nuctuations in workload, they were necessary when acquired and are now idle because of changes in program requirements. efforts to achieve more economical operations. reorgani:wtion. termination. or other causes which could not have becn reasonably foreseen. L:nder the exception sta ted in this subparagraph. costs of idle facilities are allowable for a reasonable !,eriod of time, ordinarily not to exC'~ed one year. depending upon the inilia live taken to use. lease. or dispose of such facilities (but see paragrnphs 47.b. and d.). c. The costs of idle capacity are normal costs of doing business and are a factor in the normal nuctuations of usage or indirect cost ra tes from period to period. Such costs are allowilble. provided the capacity is reasonably anticipated to be necessary or was originally reBsonabie and is scbject to reduct:on or elimination by subletting. rcnting. or sale. in accordance with sound business. economics. or security practiccs. Widespread idle capacity throughout an enHre facility or among a group of assets having substantially the same ft:nr.tion may be idle facilities. . 17. hd9~ndcnt rescC1(Ch aild dav"lopmenl l Reser,,~d l. - lB. lnsurance and indemnification. \ 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 organiza tion maintains in connection with the general condcct of its operations. ThiD paragraph does not apply to insurance which represents fringe benefits for emrloyees (!;ce paragraph 6.f. and 6.g.i2)). (1] Costs of in:;:lrance r~quired or ar-proved. and maintained, purSuilntto the award are allowable. I:!) Costs of other insllTance milintained bv the orgimization in connect inn with the . general conduct of its operations are ulluwablc subject to the followin~ limitations. (a) Types and extent of coverage shall be in eccodilnce with sound business practice and the r~tes and premiums shall be reasonobie uncer the circumstances. (bl Cr,st3 allowed for business interruption or olh~r similar insurance sl-.illl be limited to 4' . , y I Office of Management and Budget Circular A-122 (6/27/80) exclude coverage of managern~nt fee~, (e) Costs of insurance or of any pr(),,;~icn~ fnr a reserve covering the risk of luss or d"moge to Government property are ullowable only In the ex lent thai the orllqniza:ion i6 linble for such los~ or daOlaC!':. (d) Provi~ions for a reserve under a ~elf- iIlS:Jrar,,;e prcgram are allowable to the exlent thattr;leR of coverage. cxl~nt of coverage. rilte~. ahd premiums woult! hHve been allClwcd had ir'.su~;\ncc been purchased 10 cllv.:r Ihe ri~ks. However. provisi::Jn fur I-nnwn or reasonablv eslimll'ed self,i:1~ured lillbilities. which do -noi become payabie for more than one year after the [lrovisior. i~ made shalll,ot exceed the present value of Ihe liability. leI Costs of insurance on the Ii"vcs of trustees. officers, or other e:npJoyee~ holding positions of similar responsibilities arc r.Jlo'.~able only to the extrnt L>:1!tthe i:1surance represents additional compensation (see pnragrRph 6). The CIlSt of such inRurance when the organization is identified as the beneficiary is unallow..ble. (3) Actual losses which could ha\'e been covered by permir.nible insurance (thro:Jt:h lhe purchase of insurilr,::c or a selr.insurance program) ore unallowable unless expressly provided for in the awarrl. except: (a) Cosis incurred because of losses not covered under nomin:!1 deductible insurance coverage provided in kPeping with sound business practice are allowable. (b) Minor losses not covered by insurance. suc.h as spoilage. breakeg~, and c:sappearance or supplies. which occur in the ordinary course of op~rations. are allowable. b. Indemnifica tion includes securing the organization against liabilities to third persons and an~' other loss or damag~. nol compensated by insurance or othen,'ise. The Government is obligateclto indemnify the organization only to 'he exlent expressly provided in the award. 19. Interest, fund raising, and i1l1'estment r:lO;;:Jgcment costs. a. Costs incurred for interest on borrowed capital or lempOnlf)' use of encowment funds. however represented, afe 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 obtain contributions are unallowable. c. Costs of investment counsel and staff end similar expenses incurred snlelv to enhance income from lnvest:oents ;re unallowa ble. d. Fund raising and investment activities 5hall be allocated all appropriate ~hafe er indirect costs under the conditions rlescribed in paraf:raph B of Att"chment A. 20. Labar relations costs. CO$ts inC1:rrcd in mainta:ning sillisfiJctcry re:ations bet.....een :he organization and its employees. including costs of labor managemeol committees. employee publications. and other related activities arc allowable. 21. Lasses an other awards. Anv excess of cosls over income on any award j-s u:1aJlowable as s cost of any other awaro. ihis includes, but is not limited to, the c~f?nizBtion's contributed portion by reMon of r.ost sharinR lt~reemenl3 or any underrecoveries Ihrough nepotiation of lump sums far. or ceilings ()n. indlr,:ct co~ts. Z2. Main!encnce and repair cas/so C()5ts incurred for nec~Rsary mainleOllnCe. rrpair. or upkc~p of buildings ,\Od equi;>menl [incl,.diog Go\'!:!mment pr()perty unless o:herwi~e provided for) which neither add to t~e !Jermanenl \'alue of the property nor appreciably prclong i1~ intended life. !Jut ke~p it in on eff;cient operHting condition. are lllln'"ahle. Cll~ts incurred lor ir"'I'm\'rmcnts whic.h Add 10 the permanent value of the builLings and equipment or apprer.ia!Jly prolong their intended life shall be trealed as Cil;:ilal exp..ndil:Jres (Ree par:lgmph 13J. 23. Muterin!.< and S1Jpphe.5. The cosls or materials and sl:pplie~ necessary 10 cilrry out nn award are a!:nw!lble. Such r.OStR should be charged at their actual prices after deducling nIl cash di~counls. trllde disr;ounts. rebates, and allowances received !Jy the oq;aniz;Jtion. Wilhd:awals from genel al slores or stockrooms should be charged at cost under on:,' recognized method of pricing consislently applied. Incoming transportation charges may be a !Jroper parI of m:!lerial COS:. Materiflls and supplies charged' as a direct cost should include only the materials flnd supplies actuall~' used for the performance of the contract or grant. and due credit should be given lor ony excess malerials or supplies retained. or returned to vendors. 24. Meetings. conferences. a. Costs associated with the conduct of meelings. and conferences. and include Ihe Cllst of renting facilities. m~als. speakers' fees. and the like. But see paragraph 12. Enterta:nment casts. and paragraph 29, Participant suppert costs. b. To the extent that these costs are identifiable \,,:1th a particular cost objective. they should be charged to that objective. (See paragraph B. of Attachment A.) These costs are ailowabie provided that they meellhe gener:Jltests of aliowabie. shown in Attachment A to this Circular. C. Costs of meetings and conferences held to conduct the general? dministra lion of the or!?anization are allowable. 25, Memberships. subscrIptions. and professional activit.!' casts. a. Costs of the org:lI1ization's membership in civic. businp.ss, technical and profp.ssional or~anizations are allowable. b. Costs of the organization's subscriptions tCl civic. business. professional. and technical periodicals are allowable. c. COSIS cf a\lendancp. ilt meetin"s and conlerences. ~ponsored by othp.rs ~'hen the primary purpose is the l);sscmina tion of tecr:l1icnl informa:ion. arc allowable. This indlJJ~s costs of mesls. tra'lsportativn. and other items incidental to sur;h allend;mce. 26. Organization costs. Ex:,endjlure~. such <.IS incorporation fees. brokrrs' f(?~s. fees 10 promoters. organizers or managcoTIen: con5ullanls. a:torncvs. accounl<!nts ror inve~tm~nt couns~l~rs. whNher or ~ot ~n~IJlo~'ees of the organiza tion. in connection wilh e~lilblishmcnt or reorganiz;ation of an orpnni:lIllion. arc unnllowable except with prior apprvval of the awarding agency. 2i. O,'rrlilnc. extra-pay sf,ift. and _I A-122:8 mU/:lsh;''t /"( c"IUnlS. Prrmiu1l15 for o\ertin1l'.. ('xllil.pay shifts. lII11i fnullishift work arc /ILu\\'~\'1c Ilniy wi:h the prior "I'pro,,,l of :1:r u \\'i1~u~ng (tgency e>..ccpl: il. \\'hell n.:ce"5MY to cope with cr.IC"l;enl:ies. such ;:~ lhosc resulling fruOl ~",:;,j,,:.:". nD1LJ'illlli~as\l'rs. breal<down5 of r(p~jpp,'~rll. or l'(;C:1~i0n~1 opcrilti(loal k,ltle-nee\.:5 01 a sporudic nalure. b Whell !:::1pio.l'c'~s arc perlumliog indin:c\ hmc~il')lIR ~a:ch us itdministratiol1. n;airl!rnancr.. or nc.{;(Jun~ing. c. In ,he f'"dOrll\lIiICe of tcsl~. j"bnratory f'flH"l:Jur.:s. oJr ulher simi;"r opcr:Jlions .....hich lIn~ (;11:,r;i1UOllS in ;l.1'UrC and cannot reasr;rlr.~i:.. !Je illtermpled or olherwis'! CUI1l~I:~'.!~'u. d. When 10\'\ll'r Clverull cosl tu the (;o';("r".il\ccl \\"ill resull. 20. Pcgr c:hurgc; in professional journals. P;Ir,C c:J.;Irges for professional juurnal publications lire allowable as a necer-sary part of research ~os:s. where: ". The rescuch papers report work slJl'pnrl.:J l,y the Go\'crnment; and b. The c\;arRcs lire levied imparliully on .t11 n:sl:ard, r;Jpers publi5hed by the journat wheth'~r or noi by Governmenl,sponsorrd ilulhnrs. 29. f'orfidpo!lt Sllpport c[ls/s. Par:icipllnt supporl costs arc direct costs for items such liS stipend:; or subsislence allowances. truvel nllowaor.es. "nd regislration fees paid 10 or un nehall of participants or trainees (but not emplo.\'ees) in connection with meetings. mnlerences. sympc,sia. or training projects. Th.:se cosls are allowable with the prior Hpprov<:1 of the awarding agency. 30. rute/;t casts. a, Cc.sts of (i) p,eparing disr.lllSllres. reports. and other documents required by the n ,,'r,rd .1II0 of searching the art to the extend necessary 10 make such disclosures. (ii) prcpnring documents and any olher patent costs in connectioo with the filing and pr05ccut;oc of a United states pr,lent npp!icnli-:>n where tille or royally.free license is reqnircd by Ihe Governmpnt to be cO:lVcycd io the Government. .;nd (iii) general c;ouns.:li;;g services relating 10 pateh~and copyright Olllllers. sur;h as qDvice nn p;JtenJ and copyri~ht laws. ~egulations. clauses. and employee agrc-cments arc allowable (bllt see pllr~grllph 34). b Cost of preparing discloslJres. reports. and other documenls and of sp.arching the art 10 the exlent nrcessary 10 make disclosurrs. if not required by the aW/lrd, ;ore unallowable. Costs in connection with (i) filing and prosecuting uoy loreign patent application. or (ii) any Uniled Slales pillent ;Jpplica\ion. wJ.erc tbe Hward docs not refl',irc cno\'eying title or a royally.free l,<ynse 10 the Go\'ernment. are unnllowah\c la\so ~ee parllgraph 43). 31. Pension plol!s. See paragraph 6. g. 32. Plant secer:ty costs. Necessary el.penscs incurred to comply with Govcrr.mcnl security mquiremenl6 or fur facililics p,oteclion. including wages. unilol m8. aod equipment of personnel are 1I11owiJble. 33. Preol1'ord casts. Preaward Cosls are tho5c incorred prior to the effective dole of t}lt, award directly purstlant to the . ~ . . . I Office of Management and Budget Circular A-122 (6/27/80) nero\ilJtion and in ilnticipatinn of the "ward wh"'l' suc.h costs is necessary 10 comrly with :he proposed delivery schedule or period or I'crlorm~lnce. Such costs Are allowable only to ;hc e:denl that they woold hnve been llilowable if incurren ofler the dntr. of the ~wlJrillll~d only with the wrillen approv"l r.f the .:Jwarding ngcnr.)'. 34, }Jrn[cssional sen'icc cosls. 1\. Costs or prore~sionnl illld consultnnl services rendereJ hy persons who are r.,.'",bers of II particular proression or possess a sllr.dal skill. flnd who arc not officers or e~i,iuyees or the org"niznlion. arc a!!owoble. Subject 1,0 L. c. and d. of this p.;ragraph when rH<l511I;aLle in r'~lalion,to the servicf~s rendered !Jnd when not contingent upon recovery of the cosls from the Government. b. In dct::rming the allowaLilily or r.osts in B particular Cl\se. no single factor or any special combination of faclors is necessaril)' delerminative. However. the following flJl;lnrs arc re.levant: (1) The nature and scolle of the service rClulered in reI a tion to the service required. (2) The necessity of conlracting for the service, cnnsidering the organizalion's r.lIpahility in the parliculnr area. (3) The pasl 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) \'Vhether the proportion of Government work to the organization's total business is su.:h as to inOuence the organiza tion in favor of incurring the cost. particularly .....here the services rendered are not of a continuing nature and have little relationship to work under Government grants and contructs. (6) Whether the service can be performed more economically by direct employment rather than contracting. [7) The qualifications of the individual or concern rendering the service and the cuslorYl'lry fees charged, especially on non- Government awards. (0) Adequacy of the contractual agreement for the service I e.g.. description ,of the service. estimale of time required. rale of compen~ation. and termination provi~ions). c. In uddition to the factors in paragraph b above, rctRiner fees to the allowable must be sllpported by evidenr:e of bona !ide services avail:Jb\e or rendered. d. Cosl of legRI. accountinF,. and consulting sef\'ices. and related cosls illcurred in conn~ction with defense of antitrust suits; and the prosecution of clai.:ns a~ainst the Government. arc llllallowllble. Cost~ of legal. ar.~ounting und consulting services. and related cosls. incurred in conneclion with palenl in(ring'!mcnt litigation. orgRnization und reorganization. arc unallowable unless Glherwi~e prcwideclfo)' in the award (but see parngraph 47e), 35. Profits and lasses on disposition of depreciable property or ather capital assets. a. (1) Gains and 10Rses on sale. retirement. or other disposilion of riepreciable property shell be inclurled in the year in which the\' occur as cn~d:~c, or charges to cost groupi~g{S) in whfch the dr,prcciation applicable to such property was included. The amount ~f the f!ain or lo~s to be inr.ludecl as a credit or ch;orge 10 the appropriale cost grllllping(s) sl1.':1 be the dilfercnce llctwC'en the amount r<'nlized on the prGperty and the lJnui'precialed basis or tlie property. (2) Gair.s and losses on the disposition of c1cf.reciable property shall not be recognizcd n~ II separate credit or charge under the foil owing conditions. I"] The gnin or loss is processed through II ueprecialion reserve acconnt and is r<:necleu in the Jepreciation allowatJie under Ililro~rDph 9. [h) The propcrty is given in exchange a~ pari of the purchase price of a similar item ann the gain or loss is taken into account in clr.'erl1lining the depreciation cost basis of the new item. (c) A loss re~ulls rrom the fuilure to maintain permissible insurance. except 08 otherwise pruvided in pltragraph 1[J.a.(3}. (e1) Compensation for the use of the prt'pert)' waS provided throngh use allownnce9 in lieu of depreciation in occord,lOce wilh paragrnph 9. (c) Gains and losses arising from mass or extraordinan' sa le5. retirements. or olher dispositions shall be considered on a case- by"cn~e basi8. "b. Gains or losses of any nature arising from the sule or exchange of property other than the property covered in paragraph a. above shall be excluded in computing award- costs. 36. Public infarma/iun sen'ice costs. a. Public information service costs include the cost associated 'with pamphlets. news releases, and other forms of information services. Sur.h costs. are normally incurred to: (1) inform or instruct individuuls. groupS. or the general public. (2) interest individuals or groups in pnrticipaling in a seT'/ice program of Ihe 01 gsniza tion. (3) Disseminate the resulls of sponsored and nonsponsored acti\'ilies. b. Public info:matioil sen'ice costs are allowable as direct costs wilh the prior a;;pro\'al of th" awarding agency. Such costs Oie unallowable as indirect costs. 37. publica/ion and printing costs. a. publication costs include the Cost6 of printing (includi:1g Ihe proces.es 'of composition. plate-making, press work. binding. and the end products produced by s\lr.h processes). distribution. promotion. mailin~. and general hanuling. b. If these costs are not identifiable with a particular cosl objective. thr.y should be allocated as indirect costs to all benditing activities of the organizalion. c' publication ann printing costs are unailowable as direct costs except with the prior approval of the awarding agency. d. The cost of page charges in journals is addressed pllragraph 26. 3[J. Rearrangement. and aI/era/ion costs. Costs incurred for ordinury or normal marrangement and allcralion of facilities orc allowable. Speciolll;rrangement and alteration costs incurred specifically for the project are II110wable with the prior approval of the awarding agency. 39. Recanversion costs. Costs incurred in the nlstoration or rehabilitation of the organl=tion's lndlltics 10 approximately the _I A-122:9 same condition existing immediately prior to commencement of Government a wards, fair wear and tcar excepted. liTe allowable. 40. Recruiling costs. The following recruiting costs are allowable: cost of "help wanted" advertising. operating costs of an employment office. costs of operating an educational testing program. travel expenses including food Bnd lodging or employees while engaged in recruiling personnel. travel costa of appliconts for intervicws for prospective employment, and r('lor.alion costS incurred incident to recruilment of new employees l~ce porograph 41C). Where the organization uses employment ageocies. costs not in exGCSS of standard commercial rale8 lor such sen-ices are allowable. 41. Reloca/ion casU. a. Relocation costs are cosls incident to the permanent change or duty assignment (for an indefinile period or for a stuted period of not less than 12 months] of an exi~ling employee or upon recruitment of a new employee. Relocalion costs ore ollowuble. subject to the Iimilotion de~cribed In parographs b. c. and d. below, provided that: (1) The move 15 for the br.ndi\ of the employer. (2) Reimbursement to the employee is in accordance with on established written policy consistently followed by the employer. (3) The reimbursement docs not exceed the employee's octual (or reasonably estimated) expenses. b. Allowable relocation cosls for current employees ore limited to the following: (1) The costs of transportation of the employee. members of his immediate family nnd his household. and l,ersonal effects to the new location. (2) The costs of finding 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. 13] Closing costs. such as brokerage. legal.. nnd appraisal lees. incident to the disposition of the employee's former home. These costs, together with those described in (4) below, are limited 108 per cenl of Lbe'lsales price 01 the employec's formlV home. '- (4) The continuing costs of ownership of the vacant former borne alter Lbe settlement or lease date of the employee's new permanent home. such as maintenance of buildings and grounds (exclusive of fixi~ up expenses). utilities. taxes. and property insurance. (5) Other necessary and reasonable expenses normaliy incident to relocation. such as the costs or canC€Ui~ an unexpired lease. disconnecling and reinstalling household appliances. and purchasing insurance against loss of or damages to personal property, The cost of cancelli~ an unexpired leBse is limited to threa times the monthly rentaL c. Allowable relocation cosl$ fOT new employees are limitad to Lbo!le described in (1) and [2) of paragraph b. above. When relocation costs incurred incident to the recruitment of new employaas have been sllowed eitber B.ll a direct or iRdirect wat and the employee T06igns for reasons within bis ry . _....'i'~ ", I OHice of Management and Budget Circular A-122 (6/27/80) control within 12 months after hire. the organization shall refund or credit the Government for its share of the cost. However, the costs of travel to an overseas location shall be considered travel costs in accordance with paragraph 50 and not relocation costs for the purpose of Ihis paragraph ii dependents are not permitted at the location for any reason and the costs do not include costs of transporting household goods. . d. The following costs relnted to relocatIOn are unallowable: (1) fees and other costs associcled with acquiring a new home. (2) A loss on the snle of a former home. (3) Continuing mortgllge principal and interest pa)'TTlents on a home being sold. (4) Income taxes pnid by Gn employee relaled to reimbursed relocntion costs. 42. Renlal casls. a. Subject to the limitations describerl in parag~aphs b. through d. of this paragraph, rental costs are allowable to the exteIltthat the rates are reasonable in light of such faclors as: rental costs of comparable property, if any: market conditions in the area; alternatives available; 'and the type, life expectancy. condition, and value of the property leased. b. Rental costs under sale and leaseback arrangements Are allowable only up 10 the amount that would be allowed had the organization continued to own the property. c. Rental costs under less-than-length leases are allowable only up 10 the amount that would be allowed had title to the property vested in the organization. For t.hJs purpose, a less-than-arms-!ength lease is one under which one party to the lease agreement is able to control or substantially infiuence the actions of the other. Such lc~ses include, but are not limited to those between (i) divisions of an organization; (Ii) orgonizations under c:ommon control through common officers, directors, or members; and [iii) an organization and a director, trustee, officer. or key p.mployee of the organi;:.ation or his irr.mediate family either directly or tr.rough corporations, trusts. or similar arrangements in which they hold a controlling interest. d. Rental costs under leases wbich create a material equity in the leased rrop"rty are allowable only up to the amow:; tlwt would be allowed had the organization purr.hosed the property on the date the lease agreement was executed; e.g., dep~eciation or use allowances. maintenance, taxes, insurance but excluding interest expense lind oil,er unallowable costs. For this purpose, a ma terial equity in the property exists if the lease in noncancelable or is cancelable on)" upon the occurrence of some remote - contingency and has one or more of the following characteristics: (1) The organization has the right to purchase the property for a price which al the beg;nning of the lease appears to be substantially less than the probable fair market value at the time it is permitted to purchase the property [commonlv called a lease with a bargain purchase option); (2) Title to the property passes to the organiza tion al some lime during or after the lease perioc!: (3) The term of the lease (initial term plus period, covered by bargain renewal options, If any) is equal 10 75 per cent or more of the economic life of lhe leased property; i.e., the period the properly Is expected to be econor.1ically usable by one or more users. 43 noyo/lies and other cosls lor use of pal ".' and copyrighls. a. ) ;yalties on a pa tent or cop)'fight or amortization of the cost of acquiring by purchase a copyright, patent. or rights thereto. necessary for the proper performance of the award are allowable unless: (1) The Government has 8 license or the right to free use of the patent or copyright. (2) The patent or copyright has been adjudicated to be invalid. or has been administratively determined to be invalid. (3) The palent or eopyrighl is considered to be unenforceable. (4) The palent or copyright is expired. b. Special care should be exercised in determining reasonableness where the royalties may have been arrived at 8S a result of less then arm's length bargaining: e.g.: (1) Royalties paid to persons, including corporations. affiliated with the organization. (2) Royalties paid to unaffiliated parties, including corporations, under an agreement entered into in contemplation that a Government awerd would be made. (3) Royalties paid under an agreement entered into after an award is made to an organization, c. In any case involving a patent or copyright formerly owned by the organization. the amount of ro)'alty allowed should n{)t exceed' the cost which would have been allowed had the organization retained title thereto. 44. Severance pay. a. Severance pay, also commonly referred to as dismissal wages. is a payment in addition to regular salaries and wages. by organizations to workers whose employment is being terminated. Costs of severance pay are allowable only 10 the extent lhat in each case. it is required by (i) law. (ii) employp.r- e:npioyee agreement. [iii) est::lblished policy that con:;titutes. in effect, an implied agrecr.>ent on the organi:.ation's part, or [iv) circ\:In51a:lces of t::e particular employment. b. Costs of severance p:Jyments are di\'ided into Iwo categories as follews: (1) Actual normal trunover Gcvera:Jce payments shall be allocated to all ac:livities; or, where the organization provides for a re~erve for normal severances such method will be acceptable if the charge to current operalians is reasenable in )jrht of payments actually made for normal sevp,rances over a representative past period. and if amounts char;?:?d are allocilled to all 3ctivilies of the organization. (2) Abnormal or mass severance p~y is of such a conjectural naiure that measurement of costs b\' means of an accrual will net <;chie'.'e equity to both parties. Thus. accruals for tnis pu'pose are not allowable. However, the Government recognize~ itG obligation to participate to the extent of its fair share, in any specific payment. Thus, allowobility will be considered on a case-by-case basis in the event of nccurrenc:e, 45. Specialized sen'ice locililies. a. The costs of sen'ices provided by highly -' A-122:10 complex or specialized facilities operated by the organization. such as electronic computers and wind tunnels, are allowa ble provided the charges for the services meet the conditions of either b. or c. of this paragraph and, in addition, take into account any items of income or Federal financing that qualify as applicable credits under paragraph A.5. of Attachment A. b. The costs of such services, when material. must be charged directly to applicable awards based on actual u.~age of the services on the basis of a schedule of rates or established methodology that (i) docs not discriminate against federally supporled activities of the organiZation, including usage by the organization for internal rurposes. and Iii) is designed 10 recover only the aggregate cosls of.Hle services. The costs of each service shall consist normally of both its direct costs ~nd its allocable share of all indirect costs. Advanc:e agreements pursuant to parugraph A.5. of Attuchment A are particularly important in this situation. c. Where the costs incurred for a service Are not material. they may be allocated as Indirect costs. 46. Taxes. 3. In general. taxes which the organiz31ion :s required to pay and whd1 are p~id or ,acr.rued in accordiince with generally accepted accounting principles, and paymenls made to local governments in lieu of taxes which are commensurate with the local government services received are allowable, except for (i) taxes from which exemptions are available to the organization direct!\' or which are avail"ble to the organi~ation based on an exemption afforded the Government and in the latter case when the awarding agency makes ev~j!able the n~ce~sary exem;Jtion certificates, Iii) special aS6es~men!s on land which represenl capital improvements. and (iii) Federal income taxes. b. Any refund of taxes, and any p~yment 10 the or~anization of inleresltherean. which were ~lIowed as award costs, will be credited either as a cos! reduction or cash refund. as appropri~le, to Ihe Government. 47. Terminulion cas Is. Terminali~n of nwards generally give rist to the i1'lcurr"ilt:C: uf costs. or the neer:l for special treatmenl of costs. which would not have arisen had the aW3rd not been termin~ted. Cost principles cl)vering these items arc set forlh below. They are to be used in conjunction with the 'other provisio:J~ of this Circul'lr in termination situations. R. Cammon ilems. The cusl of items reasanatJly usable on the organi;:ation's ether work shall not be a!lowable unless the orR:Jr.izalion submits evidence that it would not retain such ilems al cost without suslnining a loss, In deciding whether such ilems a~e reason:Jbly usable on otner work of the organization. the awardil:g agency shouid consider the organiz~lion's plans and orders for current and scheduled activily. Contemporaneous purchases of common ilems by the organization shall be r('parded ~s e\'idence thai such items are reasonably usaule on the orgonizalion's other work. Any llcceplance of common items as allocable to the terminated portion of the aware! shall be Iimiled to the exlent that the qllanlili"s of , A ",\~' . I Office of Management and Budget Circular A-122 (6/27/80) such items on hand. in transit. and on order are in excess of the reasonable quantitative requirement.! of other work. b. Casu continuing after tennination. U in a panicWar case, despite all reasonable efforts by the organiza tiOD. certain costs cannot be discontinultd iInmedia tely alter the effective date of termination. such cost.! are generally allowable within the limitations set forth in this CirculIlI. except that any such costs continuing after termination due to the negligent or willful failUT1l of the organization to discontinue such costs shall be unalloweble. . c. Loss of useful value. Loss of useful value of srecialtooling, machinery and equipment wi>,,-h was not charged to tbe aWllId as a c:;J.".;al expenditure is generally allowable if: i: . Such speciallooling, mac:.inery. or eq, :;IDlent is not reasonably capable of use in UF. v ther work of the organiz.a tion. (::l The interest of the Govemme:ll is r~r Jr.t?d by transfer of title or I ,yother mr:l:J.S deemed appropriate by the awarding a':' ncy; 'Ii. Rental casu. Rental costs under u:"'f:xpired leases are generally allowable y, ,'l)re clearly shown to have been rt...~onably necessary for the perfonnance oC I!,,, tenninated award less the residual value 0:' suchledaes. if (i) the amou.,t of such rental ci..imr.d does not exceed the reasonable use val:.Je of the property leased for the period of th~ aw"rd and such further period as may be rp'.,.;IJI:.:ble, and (ii) the organization makes all reasonable efforts to temUnate. assign. settle. or otherwise reduce the cost of such lease. There also mav be included the cost of alterations of such le'aaed property. provided such al:erations were necessllIj' for the perfonnance of the award. and of reasonable restor:;tion required by the provisions of the lease. e. Settlement expenses. Settlement expenses including the following ano generally allowable: (1) Accounting. legal clerical. and similar costs reasonably nec~ssary for. (a] The preparation and presentation 10 awarding agency of settlement claims and supporting data with reapec:t to the terminated portion of the award. unless the lermL,ation is ior default. (Sce parllg:raoh 4.a of Attachmcnt 1.. OMB Cln:ular No. A-i.10: and (b) Toe lennination and settlement of subawaro.,. (2) Reasona ble coslB for the storage. lranspOr1atioI'_ prolection. and disposition of properly pro\.jded by the Government or acquired or produced for the aware: except when grantees~ reimbursed for disposa.U at a predetermined amo=l in accordance with Attachment N of OMB Circuiar A-no. (3) Indirect costa related 10 s<<lariea and wages incn.rred as settlement expense1l in subparagraphs (1) and (2) of this pllIagraph. Normally, such indinct coat.! shall be limilcd 10 fringe benefiLs. occupancy cosL and immedia te supervision. l. Claims lL'lder subowords. Claims u.,der subawards. including the allocable portion of claims which are common to the award. and to other work of Ihe o~anization are generaUy allowable. An appropriate share of the organiution's indirect expense may be allocaled to the amount of settlemenls with subcontractorlsubgranlees; provided that the amount allocated is otherwis~ consistenl 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 settlement expenses. 48. Training and educot.ion coau. a. Cost.! of preparation and maintenance oC a program of ins tIllC ti on including but not limiled to on-the-job. classroom. and apprenticeship training. designed to increa511 the vocational efiectivenen o! employec5., including training materials. textbo04 salaries or wages of trainees (excluding overtime compellBation which might ari~ therefrom). and Ii} salaries of the director of training and sta!! when the training program is conducted by the organization: or (ii] tuition and fees when the training ia in an inatitution Dot operated by the organization. are allowahle. b. Cosls of part-lime education. at an undergraduate or poslgraduate college level including that provided at the organization's own facilities. are allowable only when the course or degree pur.rued is relative to the field in which the employee is now working or may reasonably be expected to work. and are limiled to: (1) Training materiala. (2) Textboou. '(3) Fees chargell by the aaDcatillnal institution. (4) Tuition charged by the educational institution. or in lieu of tuition. instructors' salaries and the tela ted share of indirect costs of the ec!ucational institution to the extent that the sum thereoC i.s not in excess of the tuition which would have ben paid to tha participating educational instltution. (5) Saiaries and related costs of instructors who are employeas of tha OrganizatiUOL (6) Straight-lime compensation of each employee ior time spent attending classes during werking hours oot in excess of 156 hours per year and only 10 the extent that circumslan= do not permit the operation oC classes or a ttendance a t classes after regular working hours: otherwise such compen.sation is unallowable. c. C.:Jsts of tuition. fces. traini:lg materials. and textboou (but not subsistence. salary. or any other emoluments) in connection with full-time education. including that provided at the organization's own facilities. at a postgraduate (but not undergraduate] college leveL are allowable only when the co~e or degree pursued is related to the field in which the employee is now working or may reaaonably be expected to work. and only where the cost.! receive the prior approval of the awarding agency. Such cosu are limited to !be costs attributable to e total period not 10 exceed OI1e school year for each employee so trained. In unusual cases the period may be extended. d. Costs of attendance of up to 16 week" per employee per year at specialized programs specifically designed to enhance the effectiveness of executives or ma=gel'3 or 10 pr-cpare employees ior suc.b positions are allowa ble. Such cos LA include emollmen t -I A-122:11 fees. training materials. textboob and related charges. employees' salaries. subsistence. and traveL Cost.! allowable under this paragraph do not include thO!H! for coones that are part of a degree-<>rienled curricwum. which are allowable only 10 the ex:tenl set forth in b, and e. above. e. Maintenance expen.se. and nonnal depreciation or fair rental on facilities owned or leased by the o!1;anU.ation for training purposes are allowable to the extent set fnrlh in paragraphs 9. 2.2. and 42. r. CuntributiollB or donations 10 educational or training inatitutions. lncludlng tl:e donation of facilities or other propr.rties. snd 8cholanhips or fellowships. are unallowable. g. Training and educetion cosUl in eXCC88 01 those olherwise allowable under paragraphs ..b. and c. of this paregraph may be allowed with prior approval oC"the awarding agency. To be considered for epproval. the organization must demonstrate thai such costs are consistently incurred pursuant to an eSlublished training and educa:ion progrnm. and that the course or degree pursued is relative to the field in which the employee is now working or may reasoncbly be expected 10 work. 49. Transportation costs. Transportation C0StS include freighL express. cartage. and postage charges relating either to goods purchased. in process. or delivered. These' costs are allowable. When 8uch costs can readily be identified with the ilelIUl involved.. they may be directly charged as tr,lDsportalion cosLs or added to the cost oE such items (see paregraph 23). Where identification with the materials received canno: readll}' be made. transportation costs may be charged to the appropriate indirect cost accounts if the organiz-ation follows a consistent. equitable procedure in this re~pe~L 50, Travel cosu. a. Tra vel costs are the expenses for lransportation. lodging. su~istence. and related items incurred by employee. who are in tra vel status on official business of the organizRtion. Travel cosls are allowable subjectlo paragraphs b. tfu.o\).g.h e. below. when they are ~ectly attributaole to specific work under an award or are incurred in the nonnal course of administration of tha organiza tion. b. Such costs may be charged on an actual basis. on a per diem or mileage basis in lieu of actual cosU! incurred. or on a combination of the tWo. pro..-ided the method W1ed resulLA in chaI"Bes consistent with those normally allowed by the organiza tion in its regular opera tions. e. The di!ference in cos t between first-class air acco=odations and less than first-class air accommodations is unallowable except when less than first-class air accolT'JDodation.s s..-e not reasonably 8 vailable to meet necessary mission requirements. such as where leas than flJ1lt. class accommodations would (i) require circuitoUll routing. (il) requin travel during unreesonable hours. (iii] greatly increase the duration' of the night. (iv) result in edditional Cosls ,.:hich would offset the transportation sa\'i~p. or (v) offer nccomrnodntio'ns whic.b. of 'j-" 4..\! '" J l< . \ --1-- t )tflce of Management and Budget Circular A-122 (6/27/80) ,re not ~uonablyadeqU8t.e for the medical ,~d.B oC the traveler. Ii: Necessary and rouonaOttl costs of amily movements and penoonel movements ;{ a special or m88S nature are allowable. cUr3uant to paragrspha 40 and 41, subject to dlocation on the basis of work or time period Jer.efited when appropriate. A~vance 'greements are particularly impo:1anL e. Direct charges for foreign travel costs are dlowable only wben the travel has received Jrior approval of the awarding agency. Each 'cparote foreign trip must be approved. For Jurposes of thia provision. foreign travol is :efined as any ,travel outBide o{ Canada aDd ~e United States and ils territories and Jossessions. However. {or an organiza tion .ocaled in foreign countrics. the term "{oreign ravel" meam travcl outside that counlIJ'. Circular.No. A-l2.2J .-\ltachmenl C :-':onprofit Organizations not Subject to t.h.iB C:rcuLu .-\erospace Corporation. El Segundo. California .-\r3onne Universities Association. Chicago. Illinois .-\ssocialed Universitiea'. Incorporated. vVasltington. D.C. ';'ssociated Universities {or Research and Astronomy, Tucson. Arizona -\tomic Casualty Commission. Was~ton. D.C. 3attelle Memoriallnstitute. Headqulirtered in Columbus. Ohio 3rook..,aven National Laboratol1', Upton. New York :enter {or Energy and Environmental Research (CEER), (University of Puerto Rico) :ommoowealth of Puerto Rico. Charles St.a>k Draper Laboratory. lncorporated :am bridge. Massachusetts. Compara tive Animal Research Laboratory (CARL) Unin:-sity of Tennessee). Oakridge. Ter..ne.,see :nviromnental Lostitule of Michigan. Ann Art-or. Michigan lar.ford Environmental Health Foundation. Richland. Washington ~ Research Institute. Chicago. illinois '~tilute for Defense Analysis. Arlington. Vi16inia 1stilute of Gas Technology, Chicago, l.l.linDis {idwest Research Institute. Headouartered in l<unsas City, Missouri . litre Corporation. Beword. Massachusetts lontana E.nergJ' Research and Development Institute. lnc~ (MERDI). Butte. Montana a tional Radiological Astronomy Observatol1', Green Bank. West Vlrg-ir:ia raklidge Associated Universities, Oak..-j~. Tennessee ~oject Management Corpora tion. Oakridlle. Ter..:1esses - aDd Corporation. SaDta Monica. California esearch Triangle bstitute. Research Triangle Park. North Carolina ive:-side Research Institute. New York. New York 3ndia Corporation. Albuquerque. New \."ny:;n Southern Resean:h lnstitutB. Birmingham. AlablUll8 Southwest Resean:h Institute. San Antonio. Texa. SRI International. Menlo Parle. California Syracuse Resean:h Corporation. S)T8C\ae. New Yorx Universities Research Al8ociaUon. lncorporated (National Acceleration Lab), Argonne. Dlinois Universities Corporation for Atmospheric Research. Boulder, Colorado Nonprofitlnsurance Companies such a. Blue Cross and Blue Shield OrganizaUons Other nonprofit organizations as negotiated 'Nith awarding agencies. fFR Doc.. 110-=0 f1lo<l '-7-<<1; r.:~ ami ~ COOE 311lHll-!ol Editorial Corrections to OMS A-122 OFFICE OF MANAGEMENT AND BUDGET Circular A-122, "Cost Princip~s lor Nonprofit Organizations"; Correction AGENCY: Office of Management and Budget. ACTION: Final policy correction. SUMMARY: This notice corrects errors in the printing of cost principles for nonprofit organizations. (45 FR 4602.2, July 8, 1980). FOR FURTHER INFORMATION COtITACT: Palmer Marcantonio, Financial Management Branch. Office of Management and Budget. Washington. D.C. 20503, (202) 395-4773. . Page 46022. column 2 the sec:ond Paragraph 1, change Paragraph 5 "Compensation for Personnel Services" 10 Paragraph 6. . Pope 46022, column 2 the second Paragraph 2. change Paragraph 6 "Contingencies" to Paragraph 7. . Page 46022. column 3: Paragraph 4. change Paragraph 31. "Equipment and Other Capital Expenditures" to Paragraph 13. . Paragraph 5, change Paragraph 26 "Meetings" to Paragraph 24. . Paragraph 6. change Paragraph 27, "Organir.ation Costs" to Paragraph'26. . Paragraph 7, change' Paragraph 30 "Page charges in Professtional Journals" to Paragraph 28. . Paragraph 8. change paragraph 37 "Public Informa tion Service Costs" to Parngraph 36. . Paragraph 9. change Paragraph 43 "Renlal 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". . Parngraph 10, change Paragraph 51 """:--:l\'pl rn~ls" In r~r~pr;:nh :_f1 -t- A-122:12 . Page 46024. column 3 Paragraph 4(a)(2) after "uenefits received" add "; or". . Pope 46025, column 1 Paragraph B3, change the reference "Paragraph 21 of Attachment B" to "Paragraph 19 of Attachment B." . Page 46026, column 1 Paragraph 4a.iii. in the sixth line, change "direcl cosl" to "direct costs." . Page 46026, column 2 Paragrnph E1 e, chan!!e "e'stablishment of a ra te" to "establishment of a final rale." . Page 46026. column 3 Paragruph E2b. in the third line add the following after "a Federal agency shall"-"submit its initial indirect cosl proposal immediatel"." . Pa.Re 4rx127, column 3 Paragraph (3)(0). change "workmen's compensation" to "workerF' compensa tion." . Page 46028. column 1 P<lragraph 6[3(b), (the second line of column 1) change "Workmen's compen5<1tion" to "workers' compensation." . Page 4(j(J30, .column 3, paragraph 24h" the sixth line, change "allowable" to "allowability". Donicl F. Mann, Dudgcl ond MWlOgemenl Officer. IFR Doc.It1-"07J Filed 3-16-ll1: M5 oml BIlJ..INC COOE 311lHll-M Circular A-122, "Cost Principles lor Nonprofit Organizations" Correction In FR Doc. 81-20270, appearing at page 46022 in the issue of Tuesday, July fl. 19M. the following changes should be made: 1. On page 46024. column three, the second sentence in paragraph 'A.5.b. should read, "SpecificB!lly, the concept of nelling such credit items against. related expenditures should be applied by the organization in determining the rates or amounts to be charged to Federal awards lor services rendered whenever the facilities or other resources used in providing such services have been financed directly. in whole or in part, by Federal funds." 2. On page 46024, column three, the second complete sentence in paragraph A.6, should read. "This is particularly true in connection \,vilh organiza lions 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 o[ a minor amount may be treated as an indirect cost [or reasons of practicality where the accountint; treatment for such cost is consistently nrrl;pd In nil final r.o~t nhi('c:tive~." \ . ;':.' "'-;.." . .., - ~ \ I O~ce of Management and Budget CircularA-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 !irst sentence in paragraph D,l.e. should read, "The base period for the slloca tion of indirect costs is the period in which such costs are incurred and acc\lmulated for allocation to work performed in that period." O. On page 4G02G. column one. the second sentence in paragraph D.3.d should read, "The costs in the common pool shall then be distributed to individual awards included in that [unction by use o[ a single indirect cost rale." 7. On page 46020. column one, the firsl sentence in puragraph 0.3.e. should read. "The distribution based used in computing the indirect cost rate for each funclion may be total direct costs (excluding capital expenditures and other dislorting ilems such as major subcontracts and subgrants). direct :;alories and wages. or other base which results in an equitable distribution." 8. On page 46020. column one. the !irst and second sentences in paragraph O.4.a. should read. "Some nonprofit organizations treat all costs as direct costs except general administra lion and general expenses. These organizations' generally separate their cosls into three basic cate!lories:' . '." 9. On page 46020, the last sentence in column one (extending to column two). in paragraph 0.5. should read, "The factors may include the physical loca tion of the work. the level of administrative support required. the nature o[ the [acilities or other resources employed. the scientific disciplines or technical skills involved, the organizational arrangements used. or any combination thereof." 10. On page 46026. column three. paragraph E.2.i. should read, "j, To the extent tha I problems are encountered among 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 timely manner." 11. On page 46030, column one, the introductory text of paragraph 16.0. and paragraph 16.0.(1) should niad. "b. The costs of idle facilities are unallowable except to the extent that: (1) They are necessary to meet Ductuations in workloads: or". 12. On page 46030. column one. the second sentence in paragraph 16.c. should read. "Such costs are allowable. provided the capacity is reasonably antidpated to be necessary or was originally reasonable and is not subject to reduction or elimina tion by sublelling. renting. or sale. in accordance with sound business. economics or security practices." 13. On pRge 46031. second column. paragraph 34.c. should read. "In addition to the factors in paragraph b. above. retainer [ees \0 be allowable must be supported by evidence o[ bonR fide services available or rendered." PILUNO COOf 'SO~'4ol -I A-122:13 ... ..