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ORA FEBRr4y June 18, 2002 C I T' C L E R K (402)444-5150
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City of Omaha M Robert C.Peters
Mike Fahey,Mayor ODirector
Honorable President
and Members of the City Council,
The attached proposed Resolution approves a subrecipient Agreement between the City of
Omaha and New Creations, Inc., a Nebraska non-profit corporation, 4460 Redman Avenue,
Omaha, Nebraska, 68104, for funding under HUD's 2001 Continuum of Care - Supportive
Housing Program (FY 2001, Fund 190, Agency 200, Organization 8005). This funding, in the
amount of $76,823.00, will be used to provide services to homeless individuals and families
through the New Creations, Inc., project entitled, "Williams Prepared Place Transitional Housing
Program".
In February of 2001, the Department of Housing and Urban Development (HUD) advertised its
competition for the new round of Continuum of Care for the Homeless Assistance designed to
help communities develop "continuum of care" systems for combating homelessness. Upon
learning of the available funding, the Planning Department undertook an inclusive effort to
develop proposals from members of the Omaha Area Continuum of Care for the Homeless and
to establish project priorities. All "continuum" agencies and programs were invited to participate
in this process.
Nine projects were conditionally selected by HUD. The total amount of supportive housing
funding for all nine projects is $1,936,949.00.
The New Creations, Inc., project and the other Continuum of Care Programs considered for
funding will help provide a comprehensive approach to the development and implementation of
housing and service delivery programs designed to help homeless individuals and families move
to permanent housing and self-sufficiency.
This Resolution authorizes the Mayor to approve all revisions to this Supportive Housing
Program Grant Agreement, as approved by HUD, except that revisions involving a change in the
subrecipient, a change in the project site, or a change in the category of participants to be served
shall require the prior approval of the City Council.
Honorable President
and Members of the City Council
Page 2
The Contractor has on file a current Annual Contract Compliance Report From (CC-1). As is
City policy, the Human Relations Director will review the Contractor to ensure compliance with
the Contract Compliance Ordinance
We urge your favorable consideration of this Resolution.
Sincerely, Referred to City Council f Consideration:
Robert C. Peters Date ayor's O fice Date
Planning Director
Approved as to Funding: Approved:
9/02'
Stanley P.:Ti Date Reginal L. Young to
Finance Direc or Human Relations Di ctor
P:\P1n4\11189f.doc
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AGREEMENT
BETWEEN THE CITY OF OMAHA AND NEW CREATIONS,INC.,
FOR THE USE OF SUPPORTIVE HOUSING PROGRAM FUNDS
Table of Contents
SECTION 1. DEFINITIONS —ABBREVIATIONS
SECTION 2. DUTIES AND CONDITIONS OF CITY FINANCING
SECTION 3. DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR
SECTION 4. TERM OF THE AGREEMENT
SECTION 5. MUTUAL AGREEMENTS BETWEEN CITY AND CONTRACTOR
SECTION 6. CONTRACTOR'S COMPLIANCE WITH OTHER FEDERAL
REGULATIONS
SECTION 7. AUTHORIZED REPRESENTATIVES
THIS AGREEMENT is entered into by and between the City of Omaha, a Municipal
Corporation in Douglas County, Nebraska(sometimes hereinafter referred to as "City") and New
Creations, Inc., a Nebraska Non-Profit Corporation, 4460 Redman Avenue, Omaha, NE 68104,
(sometimes hereinafter referred to as "Contractor") on the terms, conditions and provisions as set
forth below:
RECITALS:
WHEREAS, the City of Omaha is a municipal corporation located in Douglas County,
Nebraska, and is organized and exists under the laws of the State of Nebraska, and is authorized
and empowered to exercise all powers conferred by the State constitution, laws, Home Rule
Charter of the City of Omaha, 1956, as amended, and local ordinances including, but not limited
to, the power to contract; and,
WHEREAS, on February 26, 2001, the U. S. Department of Housing and Urban
Development published in the Federal Register a Notice of Funding Availability for Continuum
of Care Homeless Assistance designed to help communities develop Continuum of Care systems
to assist homeless persons; and,
WHEREAS, Continuum of Care Homeless Assistance funding is designed to create
community systems for combating homelessness; and,
WHEREAS, the Omaha Area Continuum of Care for the Homeless is comprised of
organizations providing shelter and services to homeless individuals and families on an area-
wide basis; and,
• WHEREAS, the City of Omaha undertook an inclusive community process for
developing and implementing a Continuum of Care strategy which included participation by the
membership of the Omaha Area Continuum of Care for the Homeless; and,
•
•
WHEREAS, the City of Omaha developed and submitted to the U. S. Department of
Housing and Urban Development a consolidated application with, among others,Nebraska Legal
Services, Family Service, New Creations, Inc., The Visiting Nurse Association, Catholic
Charities, Inc., and The Salvation Army for Continuum of Care - Supportive Housing
Assistance; and,
WHEREAS, on March 20, 2002, the U. S. Department of Housing and Urban
Development notified the City of Omaha of the selection of The New Creations, Inc., project
entitled, "Williams Prepared Place Transitional Housing Program" for funding under the Fiscal
Year 2001 Supportive Housing Program; and,
WHEREAS, the U. S. Department of Housing and Urban Development has awarded
Supportive Housing funds and has assigned a grant project number for the Project Sponsor as
follows: NE26B101010 for the "Williams Prepared Place Transitional Housing Program" in the
amount of $76,823.00 (FY 2001, Fund 190, Agency 200, Organization 8005); and,
WHEREAS, Supportive Housing assistance for Omaha's Continuum of Care programs
will help provide a much needed comprehensive approach to the development and
implementation of housing and service delivery programs to help homeless individuals and
families move to permanent housing and self-sufficiency; and,
WHEREAS, from time to time it is necessary for HUD and the City to make revisions to
such Supportive Housing Program grant agreements including the shifting of funds among
categories and additions or deletions in the line items within Support Services and Operations
Budgets which additions and deletions do not change the original contract amount; and,
WHEREAS, it is in the best interest of the City for the City Council to authorize the
Mayor to approve all revisions to this Supportive Housing Program Grant Agreement, as
approved by HUD; except that revisions involving a change in the subrecipient, a change in the
project site, or a change in the category of participants to be served shall require the prior
approval of the City Council.
NOW, THEREFORE, in consideration of these mutual covenants, New Creations, Inc.,
and the City of Omaha do hereby agree as follows:
SECTION 1. DEFINITIONS -ABBREVIATIONS
1.1 "City" shall mean-the City of Omaha, a Nebraska Municipal Corporation.
1.2. "Contractor" shall mean — New Creations, Inc., a Nebraska Non-Profit
Corporation, 4460 Redman Avenue, Omaha,NE 68104 (see Exhibit "A").
1.3 "Director" shall mean -the Planning Department Director of the City of Omaha.
1.4 "Recipient" shall mean-the City of Omaha.
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1.5 "Subrecipient" shall mean - a public or private non-profit agency, authority or
organization receiving Continuum of Care Homeless Assistance Supportive
Housing funds to undertake eligible activities. In this Agreement, the
subrecipient is New Creations, Inc.
1.6 "HUD" shall mean-the U.S. Department of Housing and Urban Development.
1.7 "Supportive Housing Program (SHP)" shall mean - the program conducted under
the provisions of Title IV, Subtitle C, of the Stewart B. McKinney Homeless
Assistance Act (McKinney Act), as amended, (42 USC 11381) and the Code of
Federal Regulations (24 CFR Part 583). (See Exhibit`B")
1.8 "SHP Funds" shall mean - that portion of the Supportive Housing Program Grant
(Fund Number 190) awarded to the City (Agency Number 200, Organization
Number 8005) as may be available during Program Year 2002 (Fiscal Year 2001)
for the use specified herein, in an amount not to exceed $76,823.00 subject to the
terms, conditions, and requirements of said Grant.
1.9 "Homeless Person" shall mean - an individual or family who lacks a fixed,
regular, and adequate nighttime residence; and an individual or family who has a
primary nighttime residence that is: 1) a supervised publicly or privately operated
shelter designed to provide temporary living accommodations (including welfare
hotels, congregate shelters, and transitional housing for the mentally ill), 2) an
institution that provides a temporary residence for individuals intended to be
institutionalized, or 3) a public or private place not designed for, or ordinarily
used as a regular sleeping accommodation for human beings.
1.10 "Transitional Housing" shall mean—housing in which homeless persons live for
up to 24 months and receive supportive services that enable them to live more
independently.
1.11 "MAACLink" shall mean — the Mid America Assistance Coalition Client
Tracking Database, an information management system developed by the Mid
America Assistance Coalition in Kansas City, Missouri, permitting social service
agencies to share data about clients,resources, and services.
1.12 "Application" shall mean — The New Creations, Inc., application submission, on
the basis of which the SHP Funds were approved by HUD, including any
certifications and assurances and any information or documentation required to
meet any SHP Funds conditions. A copy of the Application is maintained as part
of the SHP application by the City of Omaha Planning Department and
incorporated herein by this reference.
1.13 "Continuum of Care" shall mean- the coordinated and responsive network of
programs and services providing emergency, transitional, and supportive shelter
and supportive services to the Omaha area's homeless individuals and families, or
near homeless individuals and families.
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— the complete expenditure of awarded funds,
1.14 "Contract Completion" shall mean p p
the completion of the Scope of Work as defined in Exhibit "C", or the expiration
of the time frame of the Agreement, whichever comes first. .
1.15 "Scope of Work" shall mean — the housing and/or supportive services to be
provided homeless persons for the term of this Agreement; this work is detailed in
Exhibit"C".
SECTION 2. DUTIES AND CONDITIONS OF CITY FINANCING
2.1 Subject to and conditioned upon actual receipt of same, the City agrees to make
available to the Contractor Seventy-Six Thousand Eight Hundred Twenty-Three
Dollars ($76,823.00) in SHP Funds, Fund NE26B101010, for the purposes set
forth in this Agreement, and as detailed in Exhibit "C" Scope of Work,
incorporated herein by this reference.
2.1.1 City funding pursuant to this Section shall be contingent upon receipt of
and subject to the availability of SHP funds in amounts adequate to meet
any contractual obligations in force upon the date of execution of the
' Agreement as well as this proposed obligation. Should adequate funding
not be available, the City shall notify the Contractor as soon as
reasonably possible. At this time, the responsibilities of the Contractor
under Section 3 of this Agreement shall be released, the provisions of
Section 5, Paragraph 5.10 will be exercised and the Agreement will be
terminated.
2.1.2 Reimbursement shall be on a monthly basis for the attached budget line
item expenditures. Payments shall be made on the basis of monthly
requests for payment and shall be reimbursements for actual
expenditures. The Annual Operating Budget is attached as Exhibit"D".
2.1.3 Monthly billing will be submitted to the Director by New Creations,
Inc., with the monthly progress report. The monthly bill and monthly
progress report is due not later than fifteen (15) days following each
monthly reporting period.
2.1.4 The City shall review and monitor the required monthly reports that
identify the progress/accomplishments of New Creations, Inc., on the
activities included in this Agreement and on contracts entered into with
third parties pursuant thereto.
2.1.5 The City shall prepare monthly payment vouchers for New Creations,
Inc., based upon the Contractor's monthly progress report and request
for payment.
2.1.6 The City shall retain two and one half percent (2 1/2%) of the SHP
Funds, or One Thousand Eight Hundred Twenty-Nine Dollars
($1,829.00) to pay the cost of eligible administrative activities it may'
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incur and pass on two and one half percent (2 1/2%) of the SHP Funds,
or One Thousand Eight Hundred Twenty-Nine Dollars ($1,829.00) to
New Creations, Inc., to pay the cost of eligible administrative activities
it may incur.
2.1.7 New Creations, Inc., shall use the remaining Seventy-Three Thousand
One Hundred Sixty-Five Dollars ($73,165.00) in SHP Funds for the
purposes set forth in this Agreement (see Exhibit "C" Scope of Work).
2.1.8 No financial assistance provided pursuant to this Agreement may be
used to replace State or local funds previously used, or designated for
use, to assist homeless persons.
2.1.9 The City may deobligate the remaining amounts for services in any year
if the actual cost of services for that year is less than the total cost
anticipated in the Application.
2.1.10 Eligible Contractors. Contractor shall submit a certificate verifying that
Contractor is an eligible recipient for federal funding, i.e., has not been
debarred or suspended by HUD. In addition, certification shall be
submitted from each contractor or subcontractor to be used on the
Project to the effect that each contractor or subcontractor has not been
debarred or disqualified by HUD (24 C.F.R. Part 5 and 24 D.F. R.
570.609— see Exhibit "K"). In addition, Contractor hereby certifies that
it is in good standing with the Department of Health and Human
Services. The Director shall approve all contractors and subcontractors
prior to being hired by the Contractor.
SECTION 3. DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR
PROJECT PERFORMANCE
3.1 . The Contractor shall use the SHP Funds to continue its services to homeless
persons in accordance with Exhibit "C", Scope of Work. This shall be
accomplished by:
3.1.1 Providing eighteen units of transitional housing for homeless individuals
who are recovering addicts and alcoholics following their graduation
from a substance abuse treatment program;
3.1.2 Assessing individual needs and meeting those needs through case
management, job and life skills training, individual counseling and the
use of peer-based support groups.
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REPORTING
3.2 The Contractor shall submit an operating budget by line item indicating all
proposed expenditures and sources of revenue for the 2002 program year (see
Exhibit"D").
3.3 The Contractor shall submit monthly progress reports to the Director delineating
the accomplishments for New Creations, Inc., for the previous 30 day period on
the specific activities undertaken pursuant to this Agreement.
3.4 The Contractor shall submit monthly Reimbursement Request to the Director
delineating the revenue and line item expenditures for New Creations, Inc.,
services undertaken pursuant to this Agreement. In addition, a monthly check
register is to be submitted listing each expenditure by check number, payee, date
and amount.
FINANCIAL MANAGEMENT
3.5 Audit. The Contractor shall comply with all provisions and regulations of the
Supportive Housing Program and have an annual audit completed in compliance
with OMB Circular A-133. A copy of the audit shall be provided to the Director.
OMB Circular A-133 is attached to this Agreement as Exhibit "E". The auditor
shall determine the appropriate type of audit to be conducted; i.e., limited scope or
full compliance. A single audit is not an allowable expense unless the Contractor
expends total Federal funds over$300,000.00 in each fiscal year. A limited-scope
audit may be allowable provided the auditor conducts the audit in accordance with
generally accepted auditing standards and the Contractor's expense is less than
$300,000.00 in each fiscal year.
3.5.1 Any deficiencies noted in audit reports must be fully cleared by the
Contractor within 30 days after receipt of audit by the Contractor.
Failure of the Contractor to comply with the above audit requirements
will constitute a violation of this Agreement and may,result in the
withholding of future payments and may constitute a default subject to
termination according to Section 5-8 referenced herein.
3.6 Accounting Standards. The Contractor agrees to comply with OMB Circular A-
110 and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred. (Exhibit "J", attached hereto and
incorporated herein as though fully set forth.)
3.7 Cost Principals. The Contractor shall comply with the requirements and the
standards of OMB Circular No. A-122, "Cost Principles for the Nonprofit
Organizations" (Exhibit "I"), and with the requirements of OMB Circular A-110
(Exhibit "J"). Both Exhibits are attached hereto and incorporated herein as
though fully set forth.
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3.8 Release of Infoiuiation. The Contractor specifically hereby states, agrees and
certifies that it is familiar with the limited purpose set forth in the Federal Laws,
Rules and Regulations, and in the laws of the State of Nebraska, for which
personal information requested may be used and that the information received
will be used solely for those limited purposes and not to harass, degrade or
humiliate any person. The information released shall be used solely for the
limited purpose stated, and the Contractor further agrees to indemnify and hold
harmless the City of Omaha for any liability arising out of the improper use by the
Contractor of information provided.
3.9 Documentation & Record-Keeping. The Contractor shall maintain such records
and accounts, including property, personnel and financial records, as are deemed
necessary by the City to assure a proper accounting for all expenses. The
Comptroller General of the United States of America or any duly authorized
representatives, or any duly authorized representatives of the City of Omaha, as
approved by the Planning Director, shall have access to any books, documents,
papers, records and accounts of the Contractor or subcontractors which are
directly pertinent to this undertaking for the purpose of making audit,
examination, excerpts and transcriptions. Such records and accounts shall be
retained for five years from the contract period completion. Any contract entered
into by the Contractor with any Subcontractors shall include this Section to ensure
said access.
3.9.1 The Contractor shall keep any records and make any reports (including
those pertaining to race, ethnicity, gender, and disability status) that HUD
may require within the time frame required.
3.10 The Contractor shall provide an annual assurance, in writing to the Director, for
each year SHP Funds are received that the project will be operated for the purpose
specified in the Application.
3.11 The Contractor shall conduct an ongoing assessment of the supportive services
required by the homeless persons being served by the project and the availability
of such services, and make adjustments as appropriate. Such services shall be
assessed and determined to be reasonable.
3.12 Participation of Homeless Persons. The Contractor shall provide for the
consultation and participation of not less than one homeless person or formerly
homeless person on the board of directors or any equivalent policy making entity
of the Contractor, to the extent that such entity considers and makes policies and
decisions regarding any project, services, or assistance provided pursuant to this
Agreement (Section 426[g] of the McKinney Act 142 U.S.C. 11386[g]).
3.12.1 This requirement may be waived, in writing by HUD, if the Contractor
is unable to meet it and presents an acceptable plan to otherwise consult
with homeless or formerly homeless persons in considering and making
such policies and decisions.
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3.13 • The Contractor must, to the maximum extent practicable, involve homeless
individuals and families, through employment, volunteer services, or otherwise, in
constructing, rehabilitating, maintaining, and operating the project and in
providing supportive services for the project.
3.14 Continuum of Care Requirements. The Contractor shall regularly and reliably
attend Omaha Area Continuum of Care for the Homeless (OACCH) monthly
meetings, ensure that all program information is listed in the OACCH Directory,
participate in the OACCH colleague feedback process, participate in the OACCH
client feedback process, participate in the OACCH quality assurance/best practice
process, install and implement the MAACLink System as defined in Section
1.10., participate in the OACCH monthly housing count (as applicable) and attend
the annual State of Nebraska "Affordable Housing and Homelessness
Conference".
3.15 Match Requirement. The Contractor shall meet the "matching dollar"
requirement of the United States Department of Housing and Urban Development
Supportive Housing Program; matching dollar requirements for this project are
detailed in the budgets contained in Exhibit"C"—Scope of Work.
SECTION 4. TERM.OF THE AGREEMENT
This Agreement shall be in full force and effect from June 1, 2002 through and including
May 31, 2003. The Director may extend the term of this Agreement or adjust the term to
coincide with actual expenditure start dates to facilitate the complete expenditure of funds. In no
event shall the term be extended beyond August 31, 2003.
SECTION 5. MUTUAL AGREEMENTS BETWEEN CITY AND CONTRACTOR
5.1 Captions. Captions used in this Agreement are for convenience and are not used
in the construction of this Agreement.
5.2 Applicable Law. Parties to this Agreement shall conform with all existing and
applicable City ordinances, resolutions, state laws, federal laws, and all existing
and applicable rules and regulations. Nebraska law will govern the terms and the
performance under this Agreement.
5.3 Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no
elected official or any officer or employee of the City shall have a financial
interest, direct or indirect, in any City agreement. Any violation of this section
with the knowledge of the person or corporation contracting with the City shall
render the Agreement voidable by the Mayor or Council.
5.4 Merger. This Agreement shall not be merged into any other oral or written
agreement, lease or deed of any type.
5.5 Modification. This Agreement contains the entire agreement of the parties. No
representations were made or relied upon by either party other than those that are
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•
expressly set forth herein. No agent, employee, or other representative of either
party is empowered to alter any of the terms herein unless done in writing and
signed by an authorized officer of the respective parties, pursuant to Section 10-
142 of the Omaha Municipal Code.
5.6 Assignment. The Contractor may not assign its rights or obligations under this
Agreement without the express prior written consent of the City.
5.7 Strict Compliance. All provisions of this Agreement and each and every
document that shall be attached shall be strictly complied with as written, and no
substitution or change shall be made except upon written direction from
• authorized representatives of the parties.
5.7.1 In accordance with Section 5.7 Modification, above, such authorized
representative may revise the Support Services and Operations Budgets,
Exhibit "C", as may be necessary, provided such revisions are deemed
by the Director to be non-substantial. Substantial changes shall be
defined as those which include a change in the subrecipient, a change in
the project site, or a change in the category of participants to be served.
All other changes are considered to be non-substantial, including the
shifting of funds among categories and additions or deletions in the
Support Services and Operations Budgets, Exhibit "C". In any event,
HUD shall be notified in writing of all such changes. If HUD elects to
amend its SHP Agreement with.the City of Omaha pursuant to such
revisions, the Mayor is authorized to effect such amendment.
5.8 Termination. This Agreement may be terminated by either party upon thirty (30)
days written notice to the other party. Said notice shall be given when received
by certified mail at the other party's usual place of business. This Agreement
may also be suspended or terminated in accordance with 24 CFR 85.43,
Enforcement or 24 CFR 85.44, Termination for Convenience (Exhibit "H").
Upon termination of this Agreement all funds and interest in any account
hereunder shall become the property of the City and shall be returned to the City.
5.9 Reversion of Assets. Upon the expiration of this Agreement the Contractor shall
transfer to the City of Omaha any SHP funds on hand at the time of expiration and
any accounts receivable attributable to the use of SHP funds. Additionally, the
Contractor shall ensure that any real property under the Contractor's control that
was acquired or improved in whole or in part with SHP funds in excess of
$25,000 is either:
(i) Used to meet one of the national objectives in 24 CFR 570.208
until five years after expiration of the Agreement, or such longer
period of time as determined appropriate by the City; or,
(ii) Is disposed of in a manner which results in the City being
reimbursed in the amount of the current fair market value of the
• property less any portion thereof attributable to expenditures of
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non-SHP funds for acquisition of, or improvement to, the property.
Such reimbursement is not required after the period of time
specified in accordance with (i) above.
5.10 Indemnification. The Contractor shall indemnify and hold the City harmless from
and against: (1) any and all claims arising from contracts between the Contractor
and third parties made to effectuate the purposes of this Agreement; and, (2) any
and all claims, liabilities or damages arising from the preparation or presentation
of any of the work covered by this Agreement.
5.11 Unenforceable Provisions. Any provision of this Agreement which is prohibited
or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to
the extent of such prohibition of enforceability without invalidating the remaining
provisions hereof or affecting the validity or enforceability of such provision in
any other jurisdiction.
5.12 Disclosure of Lobbying. The Contractor shall certify and disclose, to the best of
its knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal
contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, the Contractor shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its
instructions.
•
(c) The language of this certification be included in the award documents for
all subawards at all tiers, (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
5.13 Subrecipients. The Contractor shall comply with the requirements and the
standards of OMB Circular No. A-122, "Cost Principles for the Nonprofit
Organizations" (Exhibit "I"), and with the requirements of OMB Circular A-110
(Exhibit "J").
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.
5.14 Personnel and Participant Conditions.
5.14.1 Contract Compliance Clause.
5.14.1.1 Section 10-192 of the Omaha Municipal Code, Equal
Employment Opportunity Clause. The Contractor and its
contractors shall not discriminate against any employee or
applicant for employment because of race, religion, color,
sex, age, national origin, familial or handicap status. As used
herein, the word "treated" shall mean and include, without
limitation, the following: recruited, whether by advertising
or by other means; compensated; selected for training,
including apprenticeship; promoted; upgraded; demoted;
downgraded; transferred; laid off; and terminated. The
Contractor and its contractors agree to and shall post in
conspicuous places, available to employees and applicants
for employment, notices to be provided by the contracting
officers setting forth the provisions of this nondiscrimination
clause.
5.14.1.2 The Contractor and its contractors or subcontractors shall, in
all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants
will receive consideration for employment without regard to
race, religion, color, sex, age, national origin, familial or
handicap status.
5.14.1.3 The Contractor and its contractors or subcontractors shall
send to each representative of workers with which he has a
collective bargaining agreement or other contract or
understanding a notice advising the labor union or workers'
representative of the contractor's commitments under the
equal employment opportunity clause of the city and shall
post copies of the notice in conspicuous places available to
employees and applicants for employment.
5.14.1.4 The Contractor and its contractors or subcontractors shall
furnish to the Human Relations Director all federal forms
containing the information and reports required by the federal
government for federal contracts under federal rules and
regulations, including the information required by sections
10-192 to 10-194, inclusive, of the Omaha Municipal Code
and shall permit reasonable access to his records. Records
accessible to the Human Relations Director shall be those
which related to paragraphs 5.18.1.1 through 5.18.1.7 of this
subsection and only after reasonable notice is given the
contractor. The purpose of this provision is to provide for
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investigation to ascertain compliance with the program
provided herein.
5.14.1.5 The Contractor and its contractors or subcontractors shall
take such actions with respect to any subcontractor as the
City may direct as a means of enforcing the provisions of
paragraphs 5.18.1.1 through 5.18.1.7 herein, including
penalties and sanctions for noncompliance; however, in the
event the contractor becomes involved in or is threatened
with litigation as the result of such directions by the City, the
City will enter into such litigation as is necessary to protect
the interests of the City and to effectuate the provisions of
this division, and, in the case of contracts receiving federal
assistance, the contractor or the City may request the United
States to enter into such litigation to protect the interests of
the United States.
5.14.1.6 The Contractor and its contractors shall file and shall cause
his subcontractors, if any, to file compliance reports with the
Contractor's contractor in the same form and to the extent as
•
required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports
shall be filed with the City's Human Relations Director.
Compliance reports filed at such times as directed shall
contain information as to the employment practices, policies,
programs and statistics of the Contractor and its
subcontractors.
5.14.1.7 The Contractor and its contractors .or subcontractors shall
include the provisions of paragraphs 5.18.1.1 through
5.18.1.7 of this section, "Equal Employment Opportunity
Clause," and Section 10-193 in every contract,subcontract or
purchase order so that such provisions will be binding upon
each subcontractor or vendor. (Code 1980, Section 10-192;
Ord. No. 35344, Sections 1, 9-26-00).
5.14.2 Workers' Compensation. The Contractor shall provide Workers'
Compensation Insurance coverage for all employees involved in the
performance in this Agreement.
5.14.3 Minority Business/Women Business Enterprise Plan. The Contractor
shall make its best efforts to ensure that construction services, contracts
and employment opportunities are affirmatively marketed to women and
members of minority groups. (Exhibit "B") As used in this Agreement,
the term "women and members of minority groups" means a business at
least fifty-one percent (51%) owned and controlled by minority group
members or women.
•
- 12 -
5.14.4 Section 3 — Employment of Low-Income Persons (Section 3 of HUD
Act of 68, as amended, 1 U.S.C. 1701u). The Contractor shall make its
best efforts to comply with Section 3. The purpose of Section 3 is to
ensure that employment and other economic opportunities generated by
HUD assistance or HUD-assisted projects covered by Section 3 shall, to
the greatest extent feasible, be directed to low and very low-income
persons, particularly persons who are recipients of HUD assistance for
housing.
5.14.5 Conflict of Interest. The Contractor agrees to abide by the provisions of
24 C.F.R. 92.356 with respect to conflicts of interest, and covenants that
it presently has financial interest and shall not acquire any financial
interest, direct or indirect, which would conflict in any manner or degree
with the performance of services required under this Agreement. The
Contractor further covenants that in the performance of this Agreement
no person having such a financial interest shall be employed or retained
by the Contractor hereunder. These conflict of interest provisions apply
to any person who is an employee, agent, consultant, officer or elected
official or appointed official of the City or any designated public
agencies or Subrecipients which are receiving funds under the
entitlement program.
SECTION 6.—CONTRACTOR'S COMPLIANCE WITH OTHER FEDERAL REGULATIONS
6.1 Environmental Review. The Developer agrees to comply with the following
regulations insofar as they apply to the performance of this Agreement:
6.1.1 Clean Air Act, 42,U.S.C., 1857, et seq.
6.1.2 Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et
seq., as amended 1318 relating to inspection, monitoring entry, reports
and information as well as other requirements specified in Section 114
and Section 308, and all regulations and guidelines issued thereunder.
6.1.3 Environmental Protection Agency (EPA) regulations pursuant to 40
C.F.R. Part 50, as amended.
6.1.4 National Environmental Policy Act of 1969.
6.1.5 HUD Environmental Review Procedures (24 C.F.R. Part 58).
6.1.6 Flood Disaster Protection Act of 1973 (24 U.S.C. 4106 and P.L. 2234) in
regard to the sale, lease or other transfer of land acquired, cleared or
improved under the terms of the Agreement as it may apply to
provisions of this Agreement.
6.1.7 Lead-Based Paint Regulations at 24 CFR 570.608 and 24 CFR Part 35 - -
and in particular Sub-Part B thereof. Such regulations pertain to all
- 13 -
HUD-assisted housing and require that all owners, prospective owners
and tenants of properties constructed prior to 1978 be properly notified
that such properties may included lead-based paint and require specific
treatments according to the amount of HUD funding allocated to the
Project.
6.1.8 Historic Preservation requirements set forth in the National Historic
Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 C.F.R., Part 800, Advisory Council on
Historic Preservation Procedures for Protection of Historic Properties,
insofar as they apply to the performance of this Agreement. In general,
this requires concurrence from the State Historic Preservation Office for.
all rehabilitation and demolition of historic properties that are 45 years
old or older or that are included on a Federal, State or local historic
property list.
• 6.2 Uniform Relocation Act. The Developer shall comply with the applicable
regulations of the Uniform Relocation Act of 1970, as amended (URA) (42
U.S.C. 4601-4655), or Section 104 (d) of the Housing and Community
Development Act of 1974, as amended(Section 104 (d)), which require relocation
assistance be provided to resident Developers, tenants, businesses and other
occupants that are displaced as a result of a federally-assisted project. In the
event that the Developer or its agent displaces any tenant-occupant of the
property, it shall immediately notify the City in writing of the circumstances
surrounding said displacement and comply with 24 C.F.R. 92.353.
6.3 Accessibility Requirements. The Contractor must comply with The Fair Housing
Act and with Section 504 of the Rehabilitation Act of 1973 in the provision of
reasonable accommodation to prospective clients and must adopt procedures to
make available information on the existence and locations of facilities and
services that are accessible to persons with a handicap and maintain evidence of
implementation of the procedures.
6.4 Non-Discrimination. The Contractor shall not, in the performance of this
Agreement, discriminate or permit discrimination in violation of federal or state
laws or local ordinances because of race, color, handicap, familial status, sex, age,
political or religious opinions, affiliations or national origin.
SECTION 7. --AUTHORIZED REPRESENTATIVES
In further consideration of the mutual covenants herein contained, the parties hereto
expressly agree that for the purposes of notice, including legal service of process, during the term
of this Agreement, and for the period of any applicable statute or limitations thereafter, the
following named individuals shall be authorized representatives of the parties:
- 14 -
(1) City of Omaha
Director, Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha,NE 68183
(2) New Creations, Inc.
Jeremiah McGhee
4460 Redman
Omaha, NE 68104
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
indicated below.
ATTEST: "' f CITY OF OMAHA:
)e\ ••44,t, feA4-4 ,g9A
CITY ERK OF T IT�'OF OMAHA MAYOR OF E CITY OF 0 A `A
z -
NEW CREATIONS, INC., a Nebraska Non-
Profit Corporation:
'-nrViDuz
J miah M Ghee, xecutive Director
L4 36 oa
Date
APPROVED AS TO FORM:
5*()/4)2--
a/04rd CITY ATTORNEY DATE
P:\P1n4\11191F.doc
- 1.5 -
SCHEDULE OF EXHIBITS
Agreement
Exhibit Location Description
A 1.2 Articles of Incorporation, Directors,
Corporate Resolution
B 1.7 HUD24CFRPart583
C 2.1, 2.1.7, 3.1 Scope of Work
D 2.1.2, 3.2 Annual Operating Budget
E 3.5 OMB Circular A-133
F 5.1 Equal Employment Opportunity Clause
G 5.1 Section 3 Clause
H 5.10 Termination- CFR 85.43 and CFR 85.44
• I 3.7, 5.16 OMB Circular A-122
J 3.6, 3.7, 5.16 OMB Circular A-110
K 2.1.10 Use of Debarred, Suspended or Ineligible
Contractors
P:\P1n4\11191F.doc
- 16 -
W
ARTICLES OF INCORPORATION •
OF
NEW CREATIONS, INC . U
We, the undersigned natural persons of the age of mafor ty, 3
acting as incorporators of a corporation under the Nebrask
Nonprofit Corporation Act, adopt the following Articles of
Incorporation for such corporation. 5. C�� l
ARTICLE I 2 a;gib
�itay &
Name
STATE OF NEBRASKA
The name of the corporation is NEW CREATIONS, INCSEINETARYS OFFICE
Received filed corded on
ARTICLE II film roll na. G �O
Designation mime •
a���/r/����
koze-
This corporation is a public benefit corporation. SeuetaryoiState
ARTICLE III
ev 35 .cOnd
Duration S:SS Are
The period of duration of the corporation is perpetual .
ARTICLE IV
• Purposes
New Creations, Inc . is organized exclusively for charitable,
religious , and educational purposes, including for such purposes,
providing transitional housing units designed to assist homeless
persons and families in their- efforts to transition from
homelessness to independent living, including providing support
services and training that will lead them to greater self-
•
sufficiency and an improved quality of life as they strive towards
a successful transition from homelessness and emergency shelter
living to permanent housing.
ARTICLE V
• Powers
The corporation shall have and exercise all powers and rights
conferred upon corporations by the Nebraska Nonprofit Corporation
Act and any enlargements of •such powers and rights conferred by
subsequent legislative acts or acts of the voters of the State of
Nebraska; the corporation shall have and exercise all powers and
rights , not otherwise denied nonprofit corporations by the laws of
the State of Nebraska or by these Articles of Incorporation, as are
necessary, suitable, proper, convenient or expedient to the
attainment of the purposes set forth in Article IV. The
corporation shall not have nor exercise any powers or rights which
conflict with the purposes set forth in Article IV.
ARTICLE VI
Prohibited Transactions
No part of the net earnings of the corporation shall inure to
the benefit of, or be distributable to its members, directors,
officers , or other private persons, except that the corporation -
shall be authorized and empowered to pay a reasonable compensation
for services rendered and to make payments and distributions in
furtherance of the purposes set forth in Article IV hereof . No
substantial part of the activities of the corporation shall be the
carrying on of propaganda, or otherwise attempting to influence
legislation, and the corporation shall not participate in, or
intervene in (including the publishing or distribution of
statements) any political campaign on behalf of any candidate for
public office . Notwithstanding any other provision of these
Articles of Incorporation, the corporation shall not carry on any
other activities not permitted to be carried on (a) by a
corporation exempt from federal income tax under Section 501 (c) (3)
of the Internal Revenue Code of 1954 (or the corresponding
provision of any future United States Internal Revenue law) or (b)
by a corporation, contributions to which are deductible under
Section 170 (c) (2) of the Internal Revenue Code of 1954 (or the
corresponding provision of any future United States Internal
Revenue law) .
ARTICLE VII
Members
The corporation will not have members .
ARTICLE VIII
Disposition of Assets Upon Dissolution
Upon the dissolution of the corporation, the Board of
•
Directors shall, after paying or, making provision for the payment
of all the liabilities of the corporation, dispose of all the
assets of the corporation exclusively for charitable, educational,
or religious purposes as shall at the time qualify as an exempt
organization or organizations under Section 501 (c) (3) of, the
Internal Revenue Code of 1954 (or the corresponding provision of
any future United States Internal Revenue law) , as the Board of
Directors shall determine .
ARTICLE IX
Indemnification of Officers, Directors ,
Employees and Agents
The corporation shall indemnify and hold harmless any person
who was or is a party or is threatened to be made a party to any
threatened, pending or completed action, suit or proceeding,
whether civil , criminal, administrative or investigative other than --
an action by or in the right of the corporation by reason of the
fact that such person is or was a director, officer, employee or
agent of the corporation, or is or was serving at the request of
the corporation as a director, officer, employee or agent of
another corporation, partnership, joint venture, trust or other
enterprise, against expenses including attorneys' fees, judgments,
liens and amounts paid in settlement actually and reasonably
incurred by such person in connection with such action, suit or
proceeding if such person acted in good faith and in a manner he or
she reasonably believed to be in or not opposed to the best
interests of the corporation, and, with respect to any criminal
action or proceeding had no reasonable cause to believe his or her
conduct was unlawful . The termination of any action, suit or
proceeding by judgment , order, settlement , conviction, or upon a.
2
plea of nolo contendere or its equivalent , shall not , of itself ,
good
th and
create a presumption that �e person did not act reasonably believedlto be in for not
in a manner which he or s
opposed to the best interests of the corporation, and, with respect
to any criminal action or proceeding, had reasonable cause to
believe that his or her conduct was unlawful .
ARTICLE X •
Initial Board of Directors
The initial Board of Directors of the corporation shall
consist of the following individuals :
Name Address
• James H. Beatty, Senior Pastor 14515 HarveysOaks8Avenue,
Omaha,Frank T . Peak, President/CEO P. O . Box 11519, • .-
Omaha, Nebraska 68111"
Jeremiah McGhee, Pastor/Director 5039 EvansOmaha nsrStreet8104 .
• ARTICLE XI
Initial Registered Office and
Initial Registered Agent
/
The mailing address of the initial registered office of the
corporation is 446.0 Redman Avenue, #1, City of Omaha,
Douglas , State of Nebraska 68104 , and the name of its initial
registered agent at such address is Pastor Jeremiah McGhee .
ARTICLE XII
Name and Address of Incorporators
The names and addresses of the incorporators ate :
Name
5039 Evans Street,
Jeremiah McGhee, Jr Omaha, Nebraska 68104
Marilynn D . McGhee
5039 Evans Street, .
Omaha, Nebraska 68104 .
• 11 / C (0
Dated: t -yy� r/��
J EMIAH McGHEE, JR. , Incio porator
MARILYN •
9' /27 ‘41-e, ____
� D. McGHEE, Incorporator
3
NEW CREATIONS TRANSITIONAL
HOUSING PROGRAM BOARD MEMBERS
President Vice President
Frank T. Peak Jeremiah McGhee
Murphy Building Mt. Sinai Baptist Church/
1912 California Street New Creations
Omaha, NE. 68178 4460 Redman Avenue
P. O. Box 11519 Omaha, NE. 68111
Omaha, NE 68111 451-6241 FAX 451-4126
280-3584 FAX 280-5874 Email:
Email: fpeck@creighton.edu jeremiah@newcreations.
omhcoxmait.corn
Secretary Treasurer
Sarah Campbell Janice Seldon
Saint Joseph Hospital Wells Fargo Bank
Vice-President of Legal Affairs Dir. of Partnership Banking
601 No. 30th Street 4650 South 24th Street
Omaha, NE. 68131 Omaha, NE. 68107
449-5037 FAX: 449-5020 536-5712 FAX: 536-2192
Email: Email:
Secamp@home.com janice.m.seldom@wellsfargo.com
1i1d524@quix
Executive Director
Mike Saklar Al Goodwin
Siena/Francis House Omaha Economic
1702 Nicholas Street Development Corporation
P.O. Box 217-DTS • 2221 North 24th Street
Omaha, NE. 68101 Omaha, NE. 68110
341-1821 FAX: 341-5270 346-2300 FAX: 346-3368
Email:
Sienal702@aol.com
NC BOARD MEMBER 4/23/02
•
II It:.. .,. 4,-;:„,".1;j i .1 c ..........,
:::::,:,„:,..,
ew creation s Transitional Housing Program HP
"``';"•' ;'<; A Homeless Substance Abuse Recovery Community infl
i ,...........,..
'sx:; .)1r>
" "<'a: <� 1,wt. assi.b� BIN
,,,A>.i�r To ether o ew�w doors that were owce e
Rill
am
CORPORATE RESOLUTION WITH .
f BOARD SECRETARY CERTTIFYING
•
AUTHENTICITY OF RESOLUTIONam
Acting with full authority,the New Creation's Board by majority vote:
RESOLVED,that the execution of Jeremiah McGhee,Director,New Creations on behalf of New Creations, acting in its
capacity as Sponsor of the New Creations Transitional Living SHIP Grant(Program), of any document or instrument author- "'
ized by Resolutions made by New Creations as Sponsor of the Program or any document or instrument executed in the ac-
11,
complishment of action or actions horized by such Resolutions.
Dated this 25th da -OkApril 1.
:/;=
y
BY: %/ I eit --
Presid of ard:Frank T.Peakmg
I attest that the above is a true and accurate account of the Resolution approved by New Creations,Inc. a Nebraska nonprofit
corporation on
April 25th,2001.
Atte
Secetary of the Board: E. Campbell
IN
pie
MIM
AN
4460 Redman Avenue Omaha, NE 68111 Phone: (402) 451-6241 Fax: (402) 451-4126 . —�
l3
ATTACHMENT/
FY 2001
Ofc. of Asst.Secy., Comm. Planning,Develop., HUD §583.1
PRA with rehabilitation projects, and PART 583—SUPPORTIVE HOUSING
a change in the type of persons with PROGRAM
disabilities to be served. Depending on
the nature of the change, HUD may re- Subpart A--General
quire a new certification of consistency •
with the CHAS(see§582.120). - Sec.
(b) Approval. Approval for such 583.1 Purpose and scope.
563.5 Definitions.
changes is contingent upon the applica-
tion ranking remaining high enough to Subpart B—Assistance Provided
have been competitively selected for
funding in the year the application was 583.100 Types and uses of assistance.
selected. 583.105 Grants for acquisition and rehabili-
tation. •
1.582.410 Obligation and deobligation 583.110 Grants for new construction.
of funds. 583.115 Grants for leasing.
583.120 Grants for supportive service costs.
(a)Obligation of funds.When HUD and 583.125 Grants for orating costs.
the applicant execute a grant 583.130 Commitmentpe of grant mints for
agree- leasing, supportive services, and oper •
-
ment,HUD will obligate funds to cover ating costs.
the amount of the approved grant. The 583.135 Administrative costs.
recipient will be expected to carry out 583.140 Technical assistance.
the activities as proposed in the appli- 583.145 Matrhtng requirements.
cation. After the initial obligation of 583.150 Limitations on use of assistance.
funds, HUD is under no obligation to 583.155 Consolidated plan.
make any upward revisions to the Subpart C—Application and Grant Award
grant amount for any approved assist- Process
ance.
(b) Deobligation. (1) BUD y 583.200 Application and grant award.
deobligate all or a portion of the ap- '�D Renewal grants.ental review.
583.235 Renewal grants.
proved grant amount if such amount is
•
not expended in a timely manner, or Subpart D—Program Requirements
the proposed housing for which funding
was approved or the supportive services 583.3003 General operation.
proposed in the application are not pro- 583.3 Term of prevention commitment;repayment of
vided in accordance with the approvedgrants; relocation,undue andbenefi acqui-
application, 583.310 Displacement, and acgni-
application, the requirements of this sition.
part, and other applicable HUD regula- 583.315 Resident rent.
Lions. The grant agreement may set �.� Note control.
other circumstances under which 583.3 Nondiscriminationand equal oppor-
forthfunds may be deobligated, and other trinity
y requirements. •
583.33D Applicability
o
of other Federal re
sanctions may be imposed. quirements.
(2) HUD may readvertise, in a notice •
of fund availability, the availability of Subpart E—Administration
funds that have been deobligated, or 583.400 Grant agreement.
may reconsider applications that were 583.405 Program changes.
submitted in response to the most re- 583.410 Obligation and deobligation of funds.
cently published notice of fund avail- Aoarrr;42 U.S.C.11389 and 3535(d).
ability and select applications for fund-
ing with the deobligated funds. Such SOURCE: 58 FR 13871, Mar. 15, 1993, unless
selections would be made in accordance otherwise noted.
with the selection process described in
§582.220 of this part. Any selections Subpart A—General
made using deobligated funds will be §583.1 Purpose and scope.
subject to applicable appropriation act
requirements governing the use of (a) General. The Supportive Housing
deobligated funding authority. Program is authorized by title TV of
the Stewart B. McKinney Homeless As-
(Approved by the Office of Management and sistance Act (the McKinney Act) (42
Budget under control number 2506-0118) U.S.C. 11381-11389). The Supportive
247
§583.5 24 CFR Ch.V (5-1-01 Edition)
Housing program is designed to pro- under this part that do not provide sup-
mote the development of supportive portive housing.
housing and supportive services, in- Disability is defined in section 422(2)
eluding innovative approaches to assist of the McKinney Act (42 U.S.C.
homeless persons in the transition 11382(2)).
from homelessness, and to promote the Homeless person means an individual
•
provision of supportive housing to or family that is described in section
homeless persons to enable them to 103 of the McKinney Act (42 U.S.C.
live as independently as possible. 11302).
(b)Components.Funds under this part Metro
may be used for: Metrop
olitan city is defined in section
(1) Transitional housing to facilitate 102(a)(4) of the Housing and Commu-
the movement of homeless individuals nity Development Act of 1974(42 U.S.C.
and families to permanent housing; 5302(a)(4)).In general,metropolitan cit •
-
(2) Permanent housing that provides ies are those cities that are eligible for
long-term housing for homeless persons an entitlement grant under 24 CFR
with disabilities; part 570,subpart D.
(3) Housing that is, or is part of, a New construction means the building
particularly innovative project for, or of a structure where none existed or an
alternative methods of, meeting the addition to an existing structure that
immediate and long-term needs of increases the floor area by more than
homeless persons;or 100 percent.
(4) Supportive services for homeless Operating costs is defined in section
persons not provided in conjunction 422(5) of the McKinney Act (42 U.S.C.
with supportive housing. U382(5)).
[58 FR 13871,Mnr, 15,1993, as amended at 61 Outpatient health services is defined in
FR 51175,Sept.30,1996] section 422(6) of the McKinney Act (42
§583.5 Definitions. U.S.C.11382(6)).
Permanent housing for homeless persons
As used in this part: with disabilities is defined in section •
Applicant is defined in section 422(1) 424(c) of the McKinney Act (42 U.S.C.
of the McKinney Act (42 U.S.C. 11384(c)).
11382(1)). For purposes of this defini- Private nonprofit organization is de-
tion, governmental entities include fined in section 422(7) (A), (B), and (D)
those that have general governmental of the McKinney Act (42 U.S.C. 11382(7)
powers (such as a city or county), as (A), (B), and (D)). The organization
• well as those that have limited or spe- must also have a functioning account-
cial powers (such as public housing ing system that is operated in accord-
agencies). ance with generally accepted account-
. Consolidated plan means the plan that ing principles, or designate an entity
a jurisdiction prepares and submits to that will maintain a functioning
HUD in accordance with 24 CFR part n ac-
91 counting system for the organization
•
Date of initial occupancy means the in accordance with generally accepted
date that the supportive housing is ini- accounting principles.
- tially occupied by a homeless person Project is defined in sections 422(8)
for whom HUD provides assistance and 424(d) of the McKinney Act (42
under this part. If the assistance is for U.S.C.11382(8), 11384(d)).
an existing homeless facility, the date Recipient is defined in section 422(9)of
• of initial occupancy is the date that the McKinney Act(42 U.S.C.11382(9)).
services are first provided to the resi- Rehabilitation means the improve-
dents of supportive housing with fund- went or repair of an existing structure
ing under this part. or an addition to an existing structure
Date of initial service provision means that does not increase the floor area by
the date that supportive services are more than 100 percent. Rehabilitation
initially provided with funds under this does not include minor or routine re-
part to homeless persons who do not pairs.
reside in supportive housing. This defi- State is defined in section 422(11) of
nition applies only to projects funded the McKinney Act (42 U.S.C. 11382(11)).
248
•
Ofc. of Asst. Secy., Comm. Planning,Develop., HUD §583.110
II
Supportive housing is defined in sec- portive housing or supportive services
tion 424(a) of the McKinney Act (42 may also be used for other purposes,
U.S.C.11384(a)). except that assistance under this part
Supportive services is defined in sec- will be available only in proportion to
tion 425 of the McKinney Act (42 U.S.C. the use of the structure for supportive
11385). housing or supportive services. -
Transitional housing is defined in sec- (d) Technical assistance. HUD may
tion 424(b) of the McKinney Act (42 offer technical assistance, as described
U.S.C. I1384(b)). See also§583.300(j). in§583.140.
Tribe is defined in section 102 of the
[58 FR 13871, Mar. 15, 1593, as amended at 59
Housing and Community Development
Act of 1974(42 U.S.C.5302). 36891,July 19,1994)
•
Urban county is defined in section §583.105 Grants for acquisition and
102(a)(6) of the Housing and Commu- rehabilitation.
pity Development Act of 1974 (42 U.S.C. (a) Use. HUD will
5302(a)(6)). In general, urban counties grant funds to re-
are those counties that are eligible for cipients to:
an entitlement grant under 24 CFR (1) Paya portion o the cost of the
part 570, subpart D. acquisition of real property selected by
the recipients for use in the provision
[61 FR 51175,Sept.30,1996) of supportive housing or supportive
• services, including the repayment of
®OODaIDO 0=1E0ODWOJOODOO any outstanding debt on a loan made
to purchase property that has not been
§583.100 Types and uses of assistance. used previously as supportive housing -
(a) Grant assistance. Assistance in the or for supportive services;
form of grants is available for acquisi- (2) Pay a portion of the cost of reha-
tion of structures, rehabilitation of bilitation of structures, including cost-
structures, acquisition and rehabilita- effective energy measures, selected by
tion of structures, new construction, the recipients to provide supportive
leasing, operating costs for supportive housing or supportive services; or
housing, and supportive services, as de- (3)Pay a portion of the cost of acqui-
scribed in §§583.105 through 583.125. Ap- sition and rehabilitation of structures,
plicants may apply for more than one as described in paragraphs(a)(1)and(2)
type of assistance. of this section.
• • (b) Uses of grant assistance. Grant as- (b) Amount. The maximum grant
sistance may be used to: available for acquisition, rehabilita-
(1) Establish new supportive housing tion, or acquisition and rehabilitation
facilities or new facilities to provide is the lower of:
supportive services; (1)3200,000; or
(2) Expand existing facilities in order (2) The total cost of the acquisition, - - -
- to increase the number of homeless rehabilitation, or acquisition and reha-
persons served; bilitation minus the applicant's con-
(3) Bring existing facilities up to a• tribution toward the cost.
level that meets State and local gov- (c) Increased amounts. In areas deter-
ernment health and safety standards; mined by HUD to have high acquisition
(4) Provide additional supportive and rehabilitation costs, grants of •
services for residents of supportive more than 3200,000, but not more than •
housing or for homeless persons not re- $400,000,may be available.
siding in supportive housing;
(5) Purchase HUD-owned single fam- §583.110 Grants for new construction. •
ily properties currently leased by the (a) Use. HUD will grant funds to re-
applicant for use as a homeless facility cipients to pay a portion of the cost of
under 24 CFR part 291;and new construction, including cost-effec-
(6) Continue funding supportive hous- tive energy measures and the cost of
ing where the recipient has received land associated with that construction,
funding under this part for leasing, for use in the provision of supportive
supportive services, or operating costs. housing. If the grant funds axe used for
(c) Structures used for multiple pur- new construction, the applicant must
poses. Structures used to provide sup- demonstrate that the costs associated
249
i
§583.115 24 CFR Ch.V(5-1-01 Edition)
with new construction are substan- §583.120 Grants for supportive serv-
tially less than the costs associated ices costs.
' with rehabilitation or that there is a (a) General. HUD will provide grants
lack of available appropriate units that to pay (as described in §583.130 of this
• could be rehabilitated at a cost less part) for the actual costs of supportive
than new construction. For purposes of o
this cost comparison, services for homeless persons forruupp to
costs associated five years.All or part of the supportive
with rehabilitation or new construc- services may be provided directly by
tion may include the cost of real prop- the recipient or by arrangement with
erty acquisition. public or private service providers.
(b) Amount. The maximum grant (b) Supportive services costs. Costs as-
available for new construction is the sociated with providing supportive
lower of:
(1)$400,000;or services include salaries paid to pro-
viders of supportive services and any
(2) The total cost of the new con- other costs directly associated with
struction,including the cost of land as- providing such services. For a transi-
sociated with that construction, minus tional housing project, supportive serv-
the applicant's contribution toward the ices costs also include the costs of serv-
cost of same. ices provided to former residents of
§583.115 Grants for leasing, transitional housing to assist their ad-
justment to independent living. Such
(a) General. HUD will provide grants services may be provided for up to six
to pay (as described in §583.130 of this months after they leave the transi-
part) for the actual costs of leasing a tional housing facility.
structure or structures, or portions [58 FR 13871,Mar. 15,1993, as amended at 59
thereof, used to provide supportive- FR 36891,July 19,1994)
housing or supportive services for up to
five(e)1 Leasing structures.Where §583.125 Grants for operating costs.
grants (a) General. HUD will provide
rovide grants
are used to pay rent for all or part of to pay a portion (as described in
structures, the rent paid must be rea- §583.130) of the actual operating costs
sonable in relation to rents being of supportive housing for up to five
charged in the area for comparable years.
_ space. In addition, the rent paid may (b) Operating costs. Operating costs
not exceed rents currently being are those associated with the day-to-
pharged by the same owner for com-
parable space. day operation of the supportive hous-
(2) Leasing individual units. Where ing. They also include the actual ex-
pPnses that a recipient incurs for oon-
- grants are.used to pay rent for indi- ducting on-going assessments of the ' _
vidual housing units, the rent paid supportive services needed by residents
• must.be reasonable in relation to rents and the availability of such services;
being charged for comparable units, relocation assistance under§583.310, in-
taking into account the location, size, cluding payments and services; and in-
type, quality, amenities, facilities, and surance.
management services. In addition, the (c) Recipient match requirement for op- •
rents may not exceed rents currently erating costs. Assistance for operating
being charged by the same owner for costs will be available for up to 75 per-
comparable unassisted units, and the cent of the total cost in each year of
portion of rents paid with grant funds the grant term.The recipient must pay
may not exceed HUD-determined fair the-percentage of the actual operating
market rents. Recipients may use costs not funded by HUD. At the end of
grant funds in an amount up to one each operating year, the recipient must
month's rent to pay the non-recipient demonstrate that it has met its match
landlord for any damages to leased requirement of the costs for that year.
units by homeless participants.
[58 FR 13871, Mar. 15, 1993, as amended at 61
[58 FR 13871. Mar. 15, 1993, as amended at 59 FR 51175, Sept. 30, 1996; 65 FR 30823, May 12,
FR 36891,July 19,1994) 2000)
• 250
•
Ofc.of Asst.Secy., Comm. Planning,Develop.,HUD §583.150
§583.130 Commitment of grant portive housing projects. The assist-
amounts for leasing, supportive ance may include,but is not limited to,
services,and operating costs. written information such as papers,
Upon execution of a grant agreement monographs, manuals, guides, and bro-
covering assistance for leasing, sup- chures; person-to-person exchanges;
portive services, or operating costs, and training and related costs. •
HUD will obligate amounts for a period (c) Selection of providers. From time
not to exceed five operating years. The to time, as HUD determines the need,
total amount obligated will be equal to HUD may advertise and competitively
an amount necessary for the specified select providers to deliver technical as-
years of operation, less the recipient's sistance. HUD may enter into con-
share of operating costs. tracts, grants, or cooperative agree-
(Approved by the Office of Management and ments, when necessary, to implement
Budget under OMB control number 2506-0112) the technical assistance.
[59 FR 36891,July 19,1994] [59 FR 36892,July 19,1994]
§583.135 Administrative costs. §583.145 Matching requirements.
(a) General. Up to five percent of any (a) General. The recipient must
grant awarded under this part may be match the funds provided by HUD for
used for the purpose of paying costs of grants for acquisition, rehabilitation,
administering the assistance. and new construction with an equal
(b) Administrative costs. Administra- amount of funds from other sources. •
tive costs include the costs associated (b) Cash resources. The matching
with accounting for the use of grant funds must be cash resources provided
funds, preparing reports for submission to the project by one or more of the
to HUD, obtaining program audits, following: the recipient, the Federal
similar costs related to administering government, State and local govern-
the grant after the award,and staff sal- ments,and private resources.
aries associated with these administra- (c) Maintenance of effort. State or
tive costs. They do not include the local government funds used in the
costs of carrying out eligible activities matching contribution are subject to
under§§583.105 through 583.125. the maintenance of effort requirements
[58 FR 13871, Mar. 15. 1993, as amended at 61 described at§583.150(a).
FR 51175,Sept.30,19961
§583.150 Limitations on use of assist-
§583.140 Technical assistance. ance.
(a) General. HUD may set aside funds (a) Maintenance of,effort. No assist-
annually to provide technical assist- ance provided under this part (or any
ance, either directly by HUD staff or State or local government funds used
indirectly through third-party pro- to supplement this assistance) may be
viders, for any supportive housing• used to replace State or local funds
project. This technical assistance is for previously used, or designated for use,
the purpose of promoting the develop- to assist homeless persons.
ment of supportive housing and sup- (b) PrimariIy religious organizations— •
portive services as part of a continuum (1) Provision of assistance. (i) HUD will
of care approach, including innovative provide assistance to a recipient that is
approaches to assist homeless persons a primarily religious organization if
in the transition from homelessness, the organization agrees to provide
and promoting the provision of sup- housing and supportive services in a
portive housing to homeless persons to manner that is free from religious in-
enable them to live as independently as fluences and in accordance with the
possible. following principles:
(b) Uses of technical assistance. HUD (A) It will not discriminate against
may use these funds to provide tech- any employee or applicant for employ-
nical assistance to prospective appli- ment on the basis of religion and will
cants, applicants, recipients, or other not limit employment or give pref-
providers of supportive housing or serv- erence in employment to persons on
ices for homeless persons, for sup- the basis of religion:
251
•
rF�
L
•
§583.150 24 CFR Ch.V (5-1-01 Edition)
(B) It will not discriminate against pay an amount equal to the residual
any person applying for housing or sup- value of the improvements to the sec-
portive services on the basis of religion ular organization, and the secular or-
and will not limit such housing or serv- ganization will remit the amount to
ices or give preference to persons on HUD.
the basis of religion; (3) Assistance to a wholly secular pri-
(C) It will provide no religious in- sate nonprofit organization established by
struction or counseling, conduct no re- a primarily religious organization. (i) A
ligious worship or services, engage in primarily religious organization may
no religious proselytizing, and exert no establish a wholly secular private non-
other religious influence in the provi- profit organization to serve as a recipi-
sion of housing and supportive services. ent. The wholly secular organization
(ii) HUD will provide assistance to a may be eligible to receive other forms
recipient that is a primarily religious of assistance available under this part.
, organization if the assistance will not (A) The wholly secular organization
be used by the organization to con- must agree to provide housing and sup-
struct a structure, acquire a structure portive services in a manner that is
or to rehabilitate a structure owned by free from religious influences and in
the organization, except as described in accordance with the principles set
paragraph(c)(2)of this section. forth in paragraph (c)(1)(i) of this sec-
(2) Rehabilitation of structures owned tion.
by a primarily religious organization. Re- (B) The wholly secular organization
habilitation grants may be used to re- may enter into a contract with the pri-
habilitate a structure owned by a pri- marily religious organization to oper-
marily religious organization, if the ate the supportive housing or to pro-
following conditions are met: vide supportive services for the resi- -
(i) The structure (or portion of the dents. In such a case, the primarily re-
structure) that is to be rehabilitated ligious organization must agree in the
with HUD assistance has been leased to contract to carry out its contractual
a recipient that is an existing or newly responsibilities in a manner free from
established wholly secular organization religious influences and in accordance
(which may be established by the pri- with the principles set forth in para-
marily religious organization under the graph(c)(1)(i)of this section.
provisions of paragraph (c)(3) of this (C)The rehabilitation grants are sub-
section); ject to the requirements of paragraph
(ii) The HUD assistance is provided (c)(2)of this section.
to the wholly secular organization(and (ii) HUD will not require the pri-
not the primarily religious organiza- manly religious organization to estab-
tion)to make the improvements; lish the wholly secular organization be-
(iii)The leased structure will be used fore the selection of its application. In
exclusively for secular purposes avail- such a case, the primarily religious or-
able to all persons regardless of reli-• ganization may apply on behalf of the
gion; _ wholly secular organization. The appli-
(iv) The lease payments paid to the cation will be reviewed on the basis of
primarily religious organization do not the primarily religious organization's
exceed the fair market rent of the financial responsibility and capacity,
structure before the rehabilitation was and its commitment to provide appro-
done; priate resources to the-wholly secular
(v) The portion of the cost of any im- organization after formation. The re-
provements that benefit any unleased quirement with regard to site control,
portion of the structure will be alio- described in§583.320,may be satisfied if
cated to, and paid for by, the primarily the primarily religious organization
religious organization; demonstrates site control and a corn-
(vi) The primarily religious organiza- mitment to transfer control of the site
tion agrees that, if the recipient does to the wholly secular organization
not retain the use of the leased prem- after its formation. If such an applica-
ises for wholly secular purposes for the tion is.selected for funding, the obliga-
useful life of the improvements. the tion of funds will be conditioned upon
primarily religious organization will the establishment of a wholly secular
252
•
• ,
Ofc.of Asst. Secy., Comm. Planning,Develop., HUD §583.230
organization that meets the definition reservation, the requirement for a cer-
of private nonprofit organization in tification under paragraph (b) of this
§583.5. section will apply.
(c)Participant control of site.Where an (d) Timing of consolidated plan certifi •
-
applicant does not propose to have con- cation submissions. Unless otherwise set
trol of a site or sites but rather pro- forth in the NOFA, the required certifi-
poses to assist a homeless family or in- cation that the application for funding
dividual in obtaining a lease, which is consistent with the HUD-approved
may include assistance with rent pay- consolidated plan must be submitted
ments and receiving supportive serv- by the funding application submission
ices, after which time the family or in- deadline announced in the NOFA.
•
dividual remains in the same housing
•
without further assistance under this [60 FR 16380,Mar.30,1995]
part, that applicant may not request
assistance for acquisition, rehabilita- Subpart C—Application and Grant
tion, or new construction. Award Process •
[58 FR 13871, Mar.15, 1993, as amended at 59
• FR 36892,July 19,1993] §583.200. Application and grant award.
§583.155 Consolidated plan When funds are made available for
assistance, HUD will publish a notice
(a) Applicants that are States or units of funding availability (NOFA) in the
• of general local government. The appli- FEDERAL REGISTER, in accordance with
cant must have a HUD-approved corn- the requirements of 24 CFR part 4.HUD
plete or abbreviated consolidated plan, will review and screen applications in
in accordance with 24 CFR part 91, and accordance with the requirements in
must submit a certification that the section 426 of the McKinney Act (42
application for funding is consistent U.S.C. 11386) and the guidelines, rating
with the HUD-approved consolidated criteria, and procedures published in
plan.Funded applicants must certify in the NOFA.
a grant agreement that they are fol-
lowing the HUD-approved consolidated [61 FR 51176,Sept.30,1996]
plan. §583.230 Environmental review.
(b) Applicants that are not States or
units of general local government. The (a) Generally. Project selection is sub •
-
applicant must submit a certification ject to completion of an environmental
by the jurisdiction in which the pro- review of the proposed site, and the
posed project will be located that the project may be modified or the site re-
applicant's application for funding is jected as a result of that review. The
consistent with the jurisdiction's HUD- environmental effects must be assessed
approved consolidated plan. The cer- in accordance with the provisions of
tification must be made by the unit of the National Environmental Policy Act •
general local government or the State, of 1969 (42 U.S.C. 4320) (NEPA) and the
in accordance with the consistency cer- related environmental laws and au-
tification provisions of the consoli- thorities listed in HUD's implementing
dated plan regulations, 24 CFR part 91, regulations at 24 CFR part 50 or 58, de-
subpart F. pending on who is responsible for envi-
(c) Indian tribes and the Insular Areas ronmental review. -
of Guam, the U.S. Virgin Islands, Amer- (b) Environmental review by HUD.
ican Samoa, and the Northern Mariana HUD will perform an environmental re-
Islands. These entities are not required view, in accordance with part 50 of this
to have a consolidated plan or to make title, before approval of conditionally
consolidated plan certifications. An ap- selected applications received directly
plication by an Indian tribe or other from private nonprofit organizations
applicant for a project that will be 10- and governmental entities with special
cated on a reservation of an Indian or limited purpose powers. Any appli-
• tribe will not require a certification by cation subject to environmental review
the tribe or the State. However, where by HUD that requires an Environ-
an Indian tribe is the applicant for a mental Impact Statement (EIS) in ac-
project that will not be located on a cordance with the procedures in 24 CFR
253
•
•
§583.235 24 CFR Ch.V (5-1-01 Edition)
•
part 50, subpart E, will not be eligible ject to maintenance of effort require-
for assistance under this part. ments under§583.150(a)may be for:
(c) Environmental review by applicants. (1) Up to 50 percent of the actual op-
Applicants that are States, metropoli- erating and leasing costs in the final
tan cities, urban counties, tribes, or year of the initial funding period;
other governmental entities with gen- (2) Up to the amount of HUD assist-
eral purpose powers must assume re- ance for supportive services in the final •
sponsibility for environmental review, year of the initial funding period;and
decisionmaking, and action for each (3)An allowance for cost increases.
application for assistance in accord- (c) HUD review. (1) HUD will review
ance with part 58 of this title. These
applicants must include in their appli-
cations an assurance that they will as- ate the recipient's performance in pre-
sume all the environmental review re- vious years against the plans and goals
sponsibility that would otherwise be established in the initial application
performed by HUD as the responsible for assistance, as amended. HUD will
Federal official under NEPA and re- approve the request for renewal unless
• ' lated authorities listed in 24 CFR.part the recipient proposes to serve a popu-
58. The grant award is subject to corn- lation that is not homeless, or the re-
pletion of the environmental respon- cipient has not 'shown adequate •
sibilities set out in 24 CFR part 58 progress as evidenced by an unaccept
within a reasonable time period after ably slow expenditure of funds, or the
notification of the award. Applicants recipient has been unsuccessful in as-
may, however, enclose an environ- sisting participants in achieving and
mental certification and Request for ' maintaining independent living. In de-
Release of Funds with their applica- termining the recipient's success in as- '.
tions. • sisting participants to achieve and
•
[61 FR51176,Sept.30.1996] maintain independent living, consider-
ation will be given to the level and
.§583.235 Renewal grants. type of problems of participants. -For
(a) General. Grants made under this recipients with a poor record of suc-
part, and grants made under subtitles cess, HUD will also consider the recipi-
C and D (the Supportive Housing Dem- ent's willingness.to accept technical
onstration and SAFAH,respectively)of assistance and to make changes sug-
the Stewart B. McKinney Homeless As- gested by technical assistance pro-
sistance Act as in effect before October viders. Other factors which will affect
28, 1992, may be renewed on a non- HUD's decision to approve a renewal
competitive basis to continue ongoing request include the following: a con-
leasing, operations, and supportive tinning history of inadequate financial
services for additional years beyond management accounting practices, in-
the initial funding period. To be con- dications of mismanagement on the
sidered for renewal funding for leasing, part of the recipient, a drastic reduc-
operating costs, or supportive services, tion in the population served by the re-
. recipients must submit a request for cipient, program changes made by the
such funding in the form specified by recipient without prior HUD approval,
• HUD, must meet the requirements of and loss of project site.
this part, and must submit requests (2)HUD reserves the right to reject a
within the time period established by request from any organization with an
HUD' outstanding obligation to HUD that is
(b) Assistance available. The first re- in arrears or for which a payment
newal will be for a period of time not schedule has not been agreed to, or
to exceed the difference between the whose response to an audit finding is
• end of the initial funding period and overdue or unsatisfactory.
ten years from the date of initial occu- (3) HUD will notify the recipient in •
pancy or the date of initial service pro- writing that the request has been ap-
vision, as applicable. Any subsequent
renewal will be for a period of time not Proved or disapproved.
to exceed five years. Assistance during (Approved by the Office of Management and
each year of the renewal period, sub- Budget under control number 2506-0112)
254
•
•
•
Ofc.of Asst.Secy., Comm. Planning, Develop., HUD §583.300
Subpart D—Program Requirements vided to permit use of essential elec-
. trical appliances while assuring safety
§583.300 General operation. from fire.
(a) State and local requirements. Each (9) Food preparation and refuse dis-
recipient of assistance under this part posal. All food preparation areas must
must provide housing or services that contain suitable space and equipment
are in compliance with all applicable to store, prepare, and serve food in a
State and local housing codes, licens- sanitary manner.
ing requirements, and any other re- (10) Sanitary condition. The housing
quirements in the jurisdiction in which and any equipment must be maintained
the project is located regarding the in sanitary condition.
•
condition of the structure and the op- (11) Fire safety. (i)Each unit must in-
• eration of the housing or services. clude at least one battery-operated Habitability standards. Except forto or
such variations as are proposed by the hard-wired smoke detector, in proper
recipient and approved by HUD, sup- working condition, on each occupied
portive housing must meet the fol- level of the unit. Smoke detectors
lowing requirements: must be located, to the extent prac-
(1) Structure and materials. The struc- ticable, in a hallway adjacent to a bed-
tures must be structurally sound so as room. If the unit is occupied by hear-
not to pose any threat to the health ing-impaired persons, smoke detectors
and safety of the occupants and so as must have an alarm system designed
to protect the residents from the ele- for hearing-impaired persons in each
ments. bedroom occupied by a hearing-im •
-
(2)Access.The housing must be acces- paired person.
sible and capable of being utilized (ii) The public areas of all housing
without unauthorized use of other pri- must be equipped with a sufficient
vate properties. Structures must pro- number, but not less than one for each
vide alternate means of egress in case area, of battery-operated or hard-wired
of fire. smoke detectors. Public areas include,
(3) Space and security. Each resident but are not limited to, laundry rooms,
must be afforded adequate space and community rooms, day care centers,
security for themselves and their be- hallways, stairwells, and other com-
longings. Each resident must be pro- mon areas.
vided an acceptable place to sleep.
(4) Interior air quality. Every room or (c) Meals. Each recipient of assist •
-
space must be provided with natural or ance under this part who provides sup-
mechanical ventilation. Structures portive housing for homeless persons
must be free of pollutants in the air at with disabilities must provide meals or
levels that threaten the health of resi- meal preparation facilities for resi-
dents. dents.
(5) Water supply. The water supply (d) Ongoing assessment of supportive
• must be free from contamination. services.. Each recipient of assistance •
(6) Sanitary facilities. Residents must under this part must conduct an ongo-
have access to sufficient sanitary fa- ing assessment of the supportive serv-
cilities that are in proper operating ices required by the residents of the
condition, may be used in privacy, and project and the availability of such
are adequate for personal cleanliness services, and make adjustments as ap-
and the disposal of human waste. propriate.
(7) Thermal environment. The housing
must have adequate heating and/or (e) Residential supervision. Each re-
cooling facilities in proper operating cipient of assistance under this part
condition. •
must provide residential supervision as
•
(8) Illumination and electricity. The necessary to facilitate the adequate •
housing must have adequate natural or provision of supportive services to the
artificial illumination to permit nor- residents of the housing throughout
mal indoor activities and to support the term of the commitment to operate
the health and safety of residents. Suf-. supportive housing. Residential super-
ficient electrical sources must be pro- vision may include the employment of
255
•
•
§583.305 24 CFR Ch.V(5-1-01 Edition)
a full- or part-time residential super- (1) Written notice to the participant
visor with sufficient knowledge to pro- containing a clear statement of the
vide or to supervise the provision of reasons for termination;
supportive services to the residents. (2) A review of the decision, in which
(f)Participation of homeless persons. (1) the participant is given the oppor-
Each recipient must provide for the tunity to present written or oral objec-
participation of homeless persons as re- tions before a person other than the
quired in section 426(g) of the McKin- person(or a subordinate of that person) •
ney Act (42 U.S.C. 11386(g)). This re- who made or approved the termination
quirement is waived if an applicant is decision;and
unable to meet it and presents a plan (3)Prompt written notice of the final
for HUD approval to otherwise consult decision to the participant. •
with homeless or formerly homeless (i) Limitation of stay in transitional
persons in considering and making housing. A homeless individual or fam-
policies and decisions. See also ily may remain in transitional housing
§583.330(e). for a period longer than 24 months, if
(2) Each recipient of assistance under permanent housing for the individual
this part must, to the maximum extent or family has not been located or if the •
indivipracticable, involve homeless individ- tiona.l time or family requires addi-
uals and families, through employ- tional to prepare for independent
ment, volunteer services, or otherwise, living. However, HUD may discontinue
in constructing, rehabilitating, main- assistance for a transitional housing
taining, and operating the project and project if more than half of the home-
in providing supportive services for the less individuals or families remain in
that project longer than 24 months.
project. (k) Outpatient•health services. Cut- ..
(g)Records and reports.Each recipient patient health services provided by the •
of assistance under this part must keep recipient must be approved as appro •
-
any records and make any reports (in- priate by HUD and the Department of
.eluding those pertaining to race, eth- Health and Human Services (HHS).
- nicity, gender, and disability status Upon receipt of an application that
• data)that HUD may require within the proposes the provision of outpatient
timeframe required. health services, HUD will consult with
. • (h) Confidentiality. Each recipient HMS with respect to the appropriate-
that provides family violence preven- ness of the proposed services.
tion or treatment services must de- (1) Annual assurances. Recipients who
velop and implement procedures to en- receive assistance only for leasing, op-
• sure: erating costs or supportive services
(1)The confidentiality of records per- costs must provide an annual assur- -
taining to any individual services; and ance for each year such assistance is
(2) That the address or location of received that the project will be oper-
any project assisted will not be made ated for the purpose specified in the ap-
public, except with written authoriza- plica.tion.
tion of the person or persons respon- (Approved by the Office of Management and
sible for the operation of the project. Budget under control number 2506-0112)
(i) Termination of housing assistance. [58 FR 13871, Mar. 15, 1993, as amended at 59
The recipient may terminate assist- FR 36892, July 19, 1994;61 FR 51176, Sept. 30,
ance to a participant who violates pro- 1996)
gram requirements. Recipients should
terminate assistance only in the most §583.305 Term of commitment; repay-
severe cases. Recipients may resume ment of grants;prevention of undue
assistance to a participant whose as- benefits.
sistance was previously terminated. In (a) Term of commitment and conversion.
terminating assistance to a partici- Recipients must agree to operate the
. pant, the recipient must provide a for- housing or provide supportive services
mal process that recognizes the rights in accordance with this part and with
of individuals receiving assistance to sections 423 (b)(1) and (b)(3) of the
due process of law. This process, at a McKinney Act (42 U.S.C. 11383(b)(1),
minimum, must consist of: 11383(b)(3)).
•
256
Ofc. of Asst.Secy., Comm. Planning, Develop., HUD §583.310
(b) Repayment of grant and prevention cerning whether the person qualifies as
of undue benefits. In accordance with a "displaced person," or the amount of
section 423(c) of the McKinney Act (42 relocation assistance for which the per-
U.S.C. 11383(c)), HUD will require re- son is eligible, may file a written ap-
cipients to repay the grant unless HUD peal of that determination with the re-
has authorized conversion of the cipient. A low-income person who is
project under section 423(b)(3) of the dissatisfied with the recipient's deter-
• McKinney Act(42 U.S.C.11383(b)(3)). mination on his or her appeal may sub-
(61 FR 51176,Sept.30,1996) mit a written request for review of that
determination to the HUD field office.
§583.310 Displacement,relocation,and (D Definition of displaced person. (1)
acquisition. For purposes of this section, the term
(a) Minimizing displacement. Con- "displaced person" means a person
sistent with the other goals and objec- (family, individual, business, nonprofit
tives of this part, recipients must as- organization, or farm)that moves from
sure that they have taken all reason- real property, or moves personal prop-
able steps to minimize the displace- erty from real property permanently as
ment of persons (families, individuals, a direct result of acquisition, rehabili-
businesses, nonprofit organizations, tation, or demolition for supportive
and farms) as a result of supportive housing projects assisted under this
housing assisted under this part.
(b) Relocation assistance for displaced part. The term "displaced person" in-
persons. A displaced person (defined in dudes,but may not be limited to:
• paragraph (f) of this section) must be (i) A person that moves permanently
provided relocation assistance at the from the real property after the prop-
levels described in, and in accordance erty owner(or person in control of the
with, the requirements of the Uniform site) issues a vacate notice, or refuses
Relocation Assistance and Real Prop- to renew an expiring lease in order to
erty Acquisition Policies Act of 1970 evade the responsibility to provide re- .
(URA) (42 U.S.C. 4601-4655) and imple- location assistance, if the move occurs
menting regulations at 49 CFR part 24. on or after the date the recipient sub-
(c) Real property acquisition require- mits to HUD the application or appli-
ments. The acquisition of real property cation amendment designating the
for supportive housing is subject to the
project site.
URA and the re
quirements described in (ii) Any person, including a person
49 CFR part 24,subpart B. who moves before the date described in
(d) Responsibility of recipient. (1) The paragraph(f)(1)(i) of this section, if the
• recipient must certify (i.e., provide as- recipient or HUD determines that the
surance of comp
liance) that it will displacement resulted directly from ac-
comply with the URA, the regulations quisition, rehabilitation, or demolition
at 49 CFR part 24,and the requirements for the assisted project.
of this section, and must ensure such (iii) A tenant-occupant of a dwelling
compliance notwithstanding any third unit who moves permanently from the• party's contractual obligation to the building/complex on or after the date of •
recipient to comply with these provi-
sions. the "initiation of negotiations" (see
(2) The cost of required relocation as- paragraph (g) of this section) if the
sistance is an eligible project cost in move occurs before the tenant has been
the same manner and to the same ex- provided written notice offering him or
tent as other project costs. Such costs her the opportunity to lease and oc-
also may be paid for with local public cupy a suitable, decent, safe and sani-
funds or funds available from other tary dwelling in the same building/
sources. complex, under reasonable terms and
(3) The recipient must maintain conditions, upon completion of the
records in sufficient detail to dem- project. Such reasonable terms and
onstrate compliance with provisions of conditions must include a monthly
this section. rent and estimated average monthly
(e) Appeals. A person who disagrees utility costs that do not exceed the
with the recipient's determination con- greater of:
257
•
22
•
§583.315 24 CFR Ch.V(5-1-01 Edition)
(A) The tenant's monthly rent before (iii) The person is ineligible under 49
the initiation of negotiations and esti- CFR 24.2(g)(2);or
mated average utility costs, or (iv) HUD determines that the person
(B) 30 percent of gross household in- was not displaced as a direct result of
come. If the initial rent is at or near acquisition, rehabilitation, or demoli-
the maximum, there must be a reason- tion for the project.
able basis for concluding at the time (3)The recipient may request, at any
the project is initiated that future rent time, HUD's determination of whether
increases will be modest. a displacement is or would be covered
(iv) A tenant of a dwelling who is re- under this section.
quired to relocate temporarily, but (g) Definition of initiation of negotia-
does not return to the building/com- tions. For purposes of determining the
plex,if either: formula for computing the replacement
(A) A tenant is not offered payment housing assistance to be provided to a
for all reasonable out-of-pocket ex- residential tenant displaced as a direct
penes incurred in connection with the result of privately undertaken rehabili-
temporary relocation, or tation, demolition, or acquisition of
(B) Other conditions of the tem- the real property, the term "initiation
porary relocation are not reasonable. of negotiations" means the execution
(v)A tenant of a dwelling who moves of the agreement between the recipient
from the building/complex perma- and HUD.
neatly after he or she has been re- (h) Definition of project. For purposes •
quilted to move to another unit in the of this section, the term "project"
same building/complex, if either: means an undertaking paid for in
•
(A) The tenant is not offered reim- whole or in part with assistance under
bursement for all reasonable out-of- •this p Two or more activities that
pocket expenses incurred in connection are integrally related, each essential to
with the move; or the others, are considered a single
(B) Other conditions of the move are project, whether or not all component
not reasonable. activities receive assistance under this
(2) Notwithstancii the provisions of part.
paragraph (f)(1) of this section, a per- [58 FR 13871, Mar. 15,1993, as amended at 59
son does not qualify as a "displaced FR 36892,July 19,1994] •
person" (and is not eligible for reloca-
tion assistance under the URA or this
section),if: (a) Calculation of resident rent. Each
(i)The person has been evicted for se- resident of supportive housing may be
rious or repeated violation of the terms required to pay as rent an amount de- -
and conditions of the lease or occu- termined by the recipient which may
pancy agreement, violation of applica- not exceed the highest of:
ble Federal, State, or local or tribal (1)30 percent of the family's monthly
law, or other good cause, and HUD de- adjusted income (adjustment factors
termines that the eviction was not un- include the number of people in the •
dertaken for the purpose of evading the family,age of family members,medical
obligation to provide relocation assist- expenses and child care expenses). The
ance; calculation of the family's monthly ad •
-
(ii) The person moved into the prop- justed income must include the ex- .
erty after the submission of the appli- pense deductions provided in 24 CFR
cation and, before signing a lease and 5.611(a), and for persons with disabil-
commencing occupancy, was provided ities, the calculation of the family's
written notice of the project, its pos- monthly adjusted income also must in-
sible impact on the person (e.g., the elude the disallowance of earned in-
person may be displaced, temporarily come as provided in 24 CFR 5.617, if ap-
relocated, or suffer a rent increase)and plicable;
the fact that the person would not (2)10 percent of the family's monthly
qualify as a "displaced person" (or for gross income: or
any assistance provided under this sec- (3) If the family is receiving pay-
tion), if the project is approved;. ments for welfare assistance from a
258
•
Ofc. of Asst.Secy., Comm. Planning, Develop.,HUD §583.325
public agency and a part of the pay- site are greater than the amount of the
ments, adjusted in accordance with the grant awarded for the site specified in
• family's actual housing costs, is spe- the application,the recipient must pro-
cifically designated by the agency to vide for all additional costs. If the re-
meet the family's housing costs, the cipient is unable to demonstrate to
portion of the payment that is des- HUD that it is able to provide for the
ignated for housing costs. difference in costs, HUD may
(b) Use of rent. Resident rent may be deobligate the award of assistance.
used in the operation of the project or
may be reserved,in whole or in part, to (c) Failure to obtain site control within
one year. HUD will recapture or
assist residents of transitional housing
in moving to permanent housing. deobligate any award for assistance
(c) Fees. In addition to resident rent, under this part if the recipient is not in
recipients may charge residents rea- control of a suitable site before the ex-
sonable fees for services not paid with piration of one year after initial notifi •
-
grant funds. cation of an award.
[58 FR 13871, Mar. 15, 1993, as amended at 59 §583.325 Nondiscrimination and equal
FR 36892, July 19, 1994; 66 FR 6225, Jan. 19, opportunity requirements.
2001]
(a) General. Notwithstanding the per-
§583.320 Site control missibility of proposals that serve des-
(a) Site control. (1) Where grant funds ignated populations of disabled home-
will be used for acquisition, rehabilita-. less persons, recipients serving a des-
tion, or new construction to provide ignated population of disabled home-
supportive housing or supportive serv- less persons are required, within the
ices, or where grant funds will be used designated population, to comply with
for operating costs of supportive hous- these requirements for nondiscrimina-
ing, or where grant funds will be used tion on the basis of race, color, reli-
to provide supportive services except gion, sex, national origin, age, familial
where an applicant will provide serv- status,and disability. •
ices at sites not operated by the appli- (b) Nondiscrimination and equal oppor •
-
cant, an applicant must demonstrate tunity requirements. The nondiscrimina-
site control before HUD will execute a tion and equal opportunity require •
-
grant agreement (e.g., through a deed, meats set forth at part 5 of this title
lease, executed contract of sale). If apply to this program.The Indian Civil
such site control is not demonstrated Rights Act (25 U.S.C. 1301 et seq.) ap-
within one year after initial notifica- plies to tribes when they exercise their
tion of the award of assistance under powers of self-government, and to In-
• this part, the grant will be deobligated dian housing authorities (MIAs) when --
as provided in paragraph(c)of this sec- established by the exercise of such •
tion. powers. When an IRA is established
(2) Where grant funds will be used to under State law, the applicability of
lease all or part of a structure to pro- the Indian_Civil Rights Act will be de-
vide supportive housing or supportive termined on a case-by-case basis.
services, or where grant funds will be Projects subject to the Indian Civil
used to lease individual housing units
for homeless persons who will eventu- Rights Act must be developed and oper-
ally control the units, site control need ated in compliance with its provisions
not be demonstrated. and all implementing HUD require-
(b) Site change. (1) A recipient may ments, instead of title VI and the Fair
obtain ownership or control of a suit- Housing Act and their implementing
able site different from the one speci- regulations.
fled in its application. Retention of an (c) Procedures. (1) If the procedures
assistance award is subject to the new that the recipient intends to use to
site's meeting all requirements under make known the availability of the
this part for suitable sites. supportive housing are unlikely to
(2) If the acquisition. rehabilitation, reach persons of any particular race,
acquisition and rehabilitation, or new color, religion. sex, age, national ori-
construction costs for the substitute gin, familial status, or handicap who
259
•
•
•
§583.330 .24 CFR Ch.V(5-1-01 Edition)
•
may qualify for admission to the hous- (2) Applicants with supportive hous-
ing, the recipient must establish addi- ing located in an area identified by
tional procedures that will ensure that FEMA as having special flood hazards
such persons can obtain information and receiving assistance for acquisition
concerning availability of the housing. or construction (including rehabilita-
(2) The recipient must adopt proce- tion) are responsible for assuring that
dures to make available information flood insurance under the National
on the existence and locations of facili- Flood Insurance Program is obtained
ties and services that are accessible to and maintained.
persons with a handicap and maintain (b) The Coastal Barrier Resources
evidence of implementation of the pro- Act of 1982 (16 U.S.C. 3501 et seq.) may
cedures. apply to proposals under this part, de-
(d) Accessibility requirements. The re- pending on the assistance requested. •
cipient must comply with the new con- (c) Applicability of OMB Circulars. The
struction accessibility requirements of policies, guidelines, and requirements
the Fair Housing Act and section 504 of of OMB Circular No. A-87 (Cost Prin-
the Rehabilitation Act of.1973, and the. ciples Applicable to Grants, Contracts
reasonable accommodation and reha- and Other Agreements with State and
bilitation accessibility requirements of Local Governments)and 24 CFR part 85
section 504 as follows: apply to the award, acceptance, and
(1) All new construction must meet use of assistance under the program by
the accessibility requirements of 24 governmental entities, and OMB Cir- _
CFR 8.22 and, as applicable, 24 CFR colas Nos. A-110 (Grants and Coopera-
100.205. tive Agreements with Institutions of •
(2) Projects in which costs of reha- Higher Education, Hospitals, and Other
bel tion are 75 percent or more of the Nonprofit Organizations) and A-122
replacement cost of the building must (Cost Principles Applicable to Grants,
meet the requirements of 24 CFR Contracts and Other Agreements with
•
8.23(a). Other rehabilitation must meet Nonprofit Institutions)apply to the ac-
the requirements of 24 CFR 8.23(b). ceptance and use of assistance by pri-
[58 FR 13871, Mar. 15, 1993, as amended at 59 vate nonprofit organizations, except
FR 33894, Jane 30, 1994: 81 FR 5210, Feb. 9, where inconsistent with the provisions
1996;61 FR 51176,Sept.30,1996] of the McKinney Act, other Federal
§583.330 Applicability of other Federal statutes, or this part. (Copies of OMB
requirements. Circulars may be obtained from E.O.P.
In addition to the requirements set Publications, room 2200,New Executive
forth in 24 CFR part 5, use of assistance Office Building, Washington, DC 20503,
provided under this part fnust comply telephone (202) 395-7332. (This is not a
with the following Federal require- toll-free number.)There is a limit of
meats: two free copies.
(a).Flood insurance. (1)The Flood Dis- (d) Lead-based paint. The Lead-Based
aster Protection Act of 1973 (42 U.S.C. Paint Poisoning Prevention Act (42
4001-4128) prohibits the approval of ap- U.S.C. 4821-4846), the Residential Lead-
plications for assistance for acquisition Based Paint Hazard Reduction Act of
or construction (including rehabilita- 1992 (42 •U.S.C. 4851-4856), and imple-
tion) for supportive housing located in menting regulations at part 35, sub-
an area identified by the Federal Emer- parts A, B, J, K, and R of this title -
gency Management Agency (FEMA) as apply to activities under this program.
having special flood hazards,unless: (e) Conflicts of interest. (1)In addition
(i) The community in which the area to the conflict of interest requirements
is situated is participating in the Na- in 24 CFR part 85. no person who is an
tional Flood Insurance Program (see 44 employee, agent, consultant, officer, or
• CFR parts 59 through 79), or less than elected or appointed official of the re-
a year has passed since FEMA notifica- cipient and who exercises or has exer-
tion regarding such hazards: and cised any functions or responsibilities
(ii) Flood insurance is obtained as a with respect to assisted activities, or
condition of approval of the applica- who is in a position to participate in a
tion. decisionmaking process or gain inside
260
•
Ofc.of Asst.Secy.,Comm. Planning,Develop.,HUD §583.405
information with regard to such activi- process with respect to the specific as-
ties, may obtain a personal or financial sisted activity in question;
interest or benefit from the activity, or (iv) Whether the interest or benefit
have an interest in any contract, sub- was present before the affected person
contract, or agreement with respect was in a position as described in para-
thereto, or the proceeds thereunder, ei- graph(e)(1)of this section;
ther for himself or herself or for those (v) Whether undue hardship will re •
-
with whom he or she has family or suit either to the recipient or the per •
-
business ties, during his or her tenure son affected when weighed against the
or for one year thereafter. Participa- public interest served by avoiding the
tion by homeless individuals who also prohibited conflict;and
are participants under the program in (vi) Any other relevant consider •
-
policy or decisionmaking under ations.
§583.300(f) does not constitute a con (f) Audit. The financial management
Met of interest. systems used by recipients under this
(2) Upon the written request of the program must provide for audits in ac-
recipient,HUD may grant an exception cordance with 24 CFR part 44 or part 45,
to the provisions of paragraph (e)(1) of as applicable. HUD may perform or re-
this section on a case-by-case basis quire additional audits as it finds nec-
when it determines that the exception essary or appropriate.
will serve to further the purposes of (g) Davis-Bacon Act. The provisions
the program and the effective and effi- of the Davis-Bacon Act do not apply to
cient administration of the recipient's this program.
• project. An exception may be consid- [58 FR 13871, Mar. 15,1993, as amended at 61
ered only after the recipient has pro- FR 5211, Feb. 9, 1996; 64 FR 50226, Sept. 15,
vided the following: 1999]
(i) For States and other govern-
mental entities, a disclosure of the na- Subpart E—Administration
ture of the conflict,accompanied by an
assurance that there has been public §583.400 Grant agreement.
disclosure of the conflict and a descrip- (a) General. The duty to provide sup-
tion of how the public disclosure was portive housing or supportive services
made; and in accordance with the requirements of
(ii) For all recipients, an opinion of this part will be incorporated in a
the recipient's attorney that the inter- grant agreement executed by HUD and •
est for which the exception is sought the recipient.
would not violate State or local law. (b)Enforcement. HUD will enforce the
(3)In determining whether to grant a obligations in the grant agreement
requested exception after the recipient through such action as may be appro-
has satisfactorily met the requirement priate, including repayment of funds
of paragraph(e)(2)of this section, HUD that have already been disbursed to the
will consider the cumulative effect of recipient.
the following factors, where applicable:
(i) Whether the exception would pro- §583.405 Program changes.
•
vide a significant cost benefit or an es- (a)HUD approval. (1)A recipient may
sential degree of expertise to the not make any significant changes to an
project which would otherwise not be approved program without prior HUD
available; approval. Significant changes include,
(ii) Whether the person affected is a but are not limited to, a change in the
member of a group or class of eligible recipient, a change in the project site,
persons and the exception will permit additions or deletions in the types of
such person to receive generally the activities listed in §583.100 of this part
same interests or benefits as are being approved for the program or a shift of
made available or provided to the more than 10 percent of funds from one
group or class; approved type of activity to another,
(iii) Whether the affected person has and a change in the category of partici-
withdrawn from his or her functions or pants to be served. Depending on the
responsibilities, or the decisionmaking nature of the change, HUD may require
261
L.
•
•
§583.410 24 CFR Ch.V(5-1-01 Edition)
a new certification of consistency with under which funds may be deobligated,
the consolidated plan(see§583.155). and other sanctions may be imposed.
(2) Approval for changes is contin- (4)HUD may:
gent upon the application ranking re- (i) Readvertise the availability of
maining high enough after the ap- funds that have been deobligated under
proved change to have been competi- this section in a notice of,fund avail-
tively selected for funding in the year ability under§583.200, or
the application was selected. (ii)Award deobligated funds to appli-
(b) Documentation of other changes. cations previously submitted in re-
Any changes to an approved program sponse to the most recently published
that do not require prior HUD approval notice of fund availability, and in ac-
must be fully documented in the recipi- cordance with subpart C of this part.
ent's records.
[58 FR 13871, Mar. 15,1993, as amended at 61 PART 585—YOUTHBUILD PROGRAM
FR 51176,Sept.30,1996]
Subpart A—General
§583.410 Obligation and deobligation
of funds. Sec.
• (a) Obligation of funds.When HUD and 585.1 Authority.
the applicant execute a grant agree- 585.3 Program curpose.
585.3 Program components.
ment, funds are obligated to cover the 585.4 Definitions.
amount of the approved assistance
under subpart B of this part: The re- - Subpart B [Reserved]
cipient will be expected to carry out -
the supportive housing or supportive Subpart C—Youthbuild Planning Grants
services activities as proposed in the 585.201 Purpose.
application. 585.202 Award limits.
(b) Increases. After the initial obliga- 585.203 Grant term.
tion of funds, HUD will not make revi- 585.204 Locational considerations.
sions to increase the amount obligated. 585.205 Eligible activities.
(c) Deobligation. (1) Hui.) may Subpart D—Youthbuild Imp
lementation
quisition, rehabilitation, acquisition Grants
and rehabilitation, or new construe- 585.301 Purpose.
tion: 585.302 Award limits.
(i) If the actual total cost of acquisi- 585.303 Grant term. - •
tion, rehabilitation,acquisition and re- 585.304 Locational considerations.
habilitation, or new construction is 585.305 Eligible activities.
• less than the total cost anticipated in 585•306• Designation of costs.
the application;or 585.307 Environmental procedures and
(i )(ii) If proposed activities for which standards.
was approved585.308 Relocation assistance and real prop-
funding are riot begun erty acquisition.
within three months or residents do 585.309 Project-related restrictions applica-
not begin to occupy the facility within ble to Youthbuild residential rental
nine months after grant execution. housing.
(2) HUD May deobligate the amounts 585.310 Project-related restrictions applica-
for annual leasing costs, operating ble to Youthbuild transitional housing
costs or supportive services in any•
tor the homeless.
year: 585.311 Project-related restrictions applica-
ble to Youthbuild homeownership boos-
(i) If the actual leasing costs, oper- ing
ating costs or supportive services for 585.312 Wages, labor standards, and non-
that year are less than the total cost discrimination.
anticipated in the application;or 585.313 Labor standards.
(ii) If the proposed supportive hous-
ing operations are not begun within Subpart E—Administration
three months after the units are avail- 585.401 Recordkeeping by recipients.
able for occupancy. 585.402 Grant agreement.
• (3) The grant agreement may set 585.403 Reporting requirements.
forth in detail other circumstances 585.404 Program changes.
262
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EXHIBIT 2
Williams
Prepared Place
Transitional Housing
Program
Project Sponsor: New Creations Inc.
4460 Redman Ave
Omaha NE 68111
Contact Person: . Jeremiah McGhee
(402) 451-6241
1 7 7 {`
Section A. Project Narrative
1. Project Summary
The project sponsor New Creations, Inc., general partner of 3525 Evans Street Limited
Liability company proposes to operate a transitional housing facility(Williams Prepared
Place) for chronically homeless and chronically addicted adult males and females. The
facility will contain eighteen efficiency apartments, which includes two units for persons
with disabilities. The project will provide transitional housing for homeless individuals
who are recovering addicts and alcoholics following their graduation from a substance .
abuse treatment program.. The participants will find both the training and support that
will lead them to greater self-determination from a desolate and homeless situation to
permanent housing.
The SHP funds applied for in this grant application will be used to provide support
services and operating expenses that will include:
• Property management
• Case management
• Transportation
• Group and individual chemical and alcohol dependency counseling
• Job Training
• Life Skills
• Health clinic
• Case management and community support
• Operational expenses: Phone Equipment, office equipment and supplies
2. Homeless Population to be served
a. Characteristics and needs
Chemically dependent:
Omaha's Continuum of Care lacks transitional housing for individuals who have failed
in the past with a short-term recovery program. For a population in desperate need of
stability, the Williams Prepared Place Project will provide the long-term treatment,
follow-up and support services needed in order to establish the necessary skills and
confidence to live independently without reoccurrence of alcohol and substance abuse.
Homeless:
Addicted single males and females with incomes below the poverty line. Competition
for increasingly scarce low-income housing has grown so intense that those with
disabilities such as addictive and mental disorders are more likely to lose out and find
themselves on the streets. Transitional housing provides the necessary supportive
services to address the needs of persons with alcohol or drug addictions. Without
• interim treatment to address the root causes of the social problems of this population,
most substance abusing and former abusers return to homelessness.
b. Where they will come from
Clients are referred from Omaha's homeless shelters and short-term detox programs
participating in The Omaha Area Continuum of Care for the homeless: Campus for
Hope Detox center and Catholic Charities' Short-term 30-day program, Siena/Francis
house program, New Creations Transitional housing program, Nova Therapeutic, Lydia
House and Open Door Mission.
c. The outreach plan
The Williams Prepared Place project directors will bring information on the project to
the Continuum of Care meetings monthly. Updated flyers and brochures will be
distributed to the area shelters and treatment facilities. The Williams Prepared Place
project is establishing rapport with and obtaining referrals from area shelters and
treatment facilities. Additionally satisfied and successful clients in the project equipped
with brochures and project information are a constant referral source. The Williams
Prepared Place will consider all homeless individuals applying for entry as long as they
have documentation of homelessness and the recent completion of at least a short-term,
thirty-day recovery program and can provide proof of sobriety for at least 30 days.
•
3. Housing where participants will reside
a. Williams Prepared Place will provide 18 efficiency units accommodating 18
persons. Two of the units will be handicapped or wheel chair accessible. All of the
units will have interior access with the men's and women's units divided off of
separate corridors, and accessible only via the main entry lobby. Each unit will have a
private bathroom with standard quality stool, sink, and shower, except the two
handicapped units and the resident manager's unit will have a tub/shower combination.
Each unit will also have a small kitchenette with double well sink, stove and
refrigerator. Units will typically be furnished with double bed, two nightstands, a desk
and a chair. The manager's unit will have a separate living room and bedroom. In
addition to the living units, there will be separate female and male group living rooms,
common entry lobby, reception area, two offices, food and clothes pantry. There will
also be a common laundry room with two coin-operated washer/dryers. This laundry
room will be located between the men and women's sections and will be opened on
alternating days to each.
b. Two of the units are larger units designed specifically for persons with disabilities. The
facility is accessible to persons with disabilities as it provides a concrete ramp at the east
side entrance.
c. The facility is located in a secluded sparsely developed residential neighborhood
surrounded by numerous single-family and multi-family zoned lots. Just two lots east
of the facility is the historical marker for the birthplace of Malcolm X. There are heavy
concentrations of shopping and services located within one mile of the facility in any
direction. Fontenell Park is located about one mile northwest and Adams Park is two
blocks south. The nearest YMCA is also within /z mile from the property.
Several main thoroughfares surround the facility with bus lines within 2 to three blocks
of the property. Additionally, the project has a transportation service to assist clients in
getting to medical appointments,job interviews, and substance abuse meetings.
d. The facility is 100% covered by a wet fire sprinkler system. No hazardous building
components or material (asbestos, lead based paint, ureaformadehyde foam insolation,
etc.) were used in the original construction of the building and none will be used in the
renovation. The property will have controlled access entry by use of card keys.
Additionally, the project will provide 24-hour security and security cameras.
e. Resident length of stay is 6 months to a maximum of 24 months.
f. N/A
g. N/A
4. Supportive services the participants will receive.
a. Supportive service needs are assessed through the use of a specifically detailed Intake
process before entry into the project. Each participant must have an
Assessment/Evaluation with a primary DSM IV Axis I diagnosis as chemically
dependent completed by a licensed individual such as a CADAC, LMHP or MD. The
participant will work with the caseworker and a counselor to set a treatment plan that
will be tracked by way of weekly and monthly progress reports reviewed by the project
staff Findings will be communicated to the participant and necessary adjustments and
• or enhancements to the treatment plan will be made.
b. Participants are long-term homeless substance abusers often going through extensive
periods of irregular employment. The type and scale of the support services will give
them the tools they need to make the transition from homeless to independent, sober
living. Support Services include:
A shared treatment plan involving the project participant, Counselor, Caseworker and
the participants' sponsor, that addresses the needs of the client. (Relapse prevention,
interpersonal skills, life skills, housing, legal, medical, family/marital, employment,
vocational, educational, emergency/relapse, medication management, mental health
substance abuse and any other areas the client requires assistance in to maintain
successful community living).
c. The proposed services will be provided at the project site reducing the need for
transportation services. Some services will be provided at other locations. The project
will provide transportation, as needed, however there will be some cases where the
client will be asked to provide their own transportation.
.5. Accessing permanent housing.
Using our network of commercial renters and permanent housing contacts, the case
manager and project staff will make appropriate referrals for needed housing.
•
Working jointly with New Creations and Family Housing Advisory Services, qualified
participants will be enrolled into the Homeless to Homeownership program. The Home
Ownership Program offers rehabilitated single family homes at affordable rates to
eligible participants. Each participant will receive 6 months of after care and supportive
services needed to achieve stability.
6. Self-sufficiency
Each participant will receive assistance via additional case management to:
Develop a Family work Plan showing the ability to work toward permanent housing
(homeownership):
• Establish & maintain a checking account
• Maintain savings, debt repayment & obtain a down payment while handling all
other obligation
• Prepare a budget
• Repair/improve credit
• Develop long and short term goals
Participants will learn to achieve and maintain job stability, sell their skills and move
into jobs.
• Skills assessments techniques
• Career exploration techniques
• How to match skill to job requirements
• Effective communication
• Effective listening
• Conflict resolution
•
Completion of these modules will insure positive progression toward financial
advancement and self-sufficiency.
Section B. Experience Narrative
1. New Creations, Inc. the sponsor has provided Transitional Housing and recovery
services In Omaha since 1995. The Director Jeremiah McGhee has been Pastor of Mt.
Sinai Church for 10 years. He has 6 years experience as Executive Director of New
Creations Transitional Housing Program, developing and administering a transitional
housing recovery program. In 1998 New Creations purchased and rehabilitated a 30
unit apartment complex with low income tax credits, Affordable Housing Program, •
Home Program, Supportive Housing Program, corporate and private contributions
New Creations, Inc. contracts services from DRE Counseling Services. The director of
DRE Counseling Service holds an Associate in Applied Science degree in Chemical
Dependency Counseling, a Bachelors Degree in Human Services and a
Masters Degree in Management. She is a Certified Alcohol and Drug Abuse Counselor
with sixteen years experience in Health and Human Services. Other areas of specific
training and involvement include domestic violence against women and emergency
shelter for the homeless and crisis counseling. Other service agencies supporting the
NCTHP program are the members of Omaha's Continuum of Care, an organization
whose purpose is to work together to administer programs to the Greater Metropolitan
Omaha's homeless and under-privileged. New Creations will contract with Hope of
Glory Ministries, Inc. to provide property management and the provision of
professional support services for the clients.
•
Hope of Glory Ministries Inc. currently operates two transitional group projects
although it has less than one year experience. The Project director of Hope of Glory
Ministries, Inc. DBA Williams Prepared Place is a graduate of the Siena/Francis House
residential recovery program and sits on the Charles Drew Health Center, Board of
Directors. The Assistant Director has 15 years office management experience and 20
years banking and finance experience with heavy emphasis on real estate lending.
2. N/A
3. New Creations, Inc. has received the following Homeless Assistance Grants.
ESG
Date received: 1998
Amount awarded: $ 15,000
Amount spent to date: $ 15,000
ESG
Date received: 1999
Amount awarded: $ 20,000
Amount spent to date: $ 20,000
ESG
Date received: 2000
Amount awarded: $ 20,000
Amount spent to date: $ 0
4. There were no delays in the implementation of the above listed grants.
5. There is no unresolved HUD findings or outstanding audit findings.
6. N/A
•
.�s, )
Project Number NE26B101010 •
Technical
Submission Exhibit 1: Project Summary
A. Selectee and Project Sponsor Information -Fill in the information requested below. When the
selectee is the same organization as the project sponsor,complete only the selectee information.
Selectee Name City of Omaha
Contact Person David Thomas
Telephone Number 402-444-6829
FAX Number/e-Mail Address 402-444-6140
Selectee Address 1819 Farnam St.
(street, city,-stare;Zip) " • Omaha,NE 68183-0110
Project Sponsor Name New Creations Inc..
•
Contact Person Jeremiah McGhee
Telephone Number 402-451-6241
• FAX Number '402-451-4126
Project Sponsor Address • 4460 Redman Ave.
(street, city,state, zip) Omaha NE 68111 •
B. Project Budget and Milestones-This section must be completed by all new selectees,including renewals.
1. Chart 1 -Summary Project Budget
To complete Chart 1, Summary Project Budget,enter the amount of SHP funds requested by line-item in
the first column. For leasing,supportive services,and operations,the amount entered should be for the
SHP grant term selected(1,2,or 3 years). In the second column, enter the amount of other cash that will
be contributed to the project. This amount plus the SHP request must equal the total budget amount for
the project. Note that match requirements for supportive services and operating costs apply to both new
and renewal projects. Column 2 is new to the application. The amounts you enter are for all structures in
your project. Each line-item amount in this chart should match the amounts shown in Exhibits 2 through
6,as appropriate.
Requested grant term(.1,2,or 3 years): I
• Chart 1-S Pro'ect Bnd et
SHP Applicant Total Project .
R uest Cash Bud et
1. Acquisition •
2. Rehabilitation •
3: New Construction •
4. Subtotal(lines 1 thru 3)*
• 5. Real Property Leasing
6. Supportive Services** $48,500.00 $12,125.00 $60,625.00
7. Operations*** $24,665.00 $8,335.00 $33,000.00
• 8. SHP Request(subtotal lines 4 thru 7) $73,165.00
9. Administration(up to 5%of line 8) $3,658.00 •
10. Total SHP Request(total lines 8 and 9) $76,823.00
* The SHP request for these activities cannot be more than 50%of the total acquisition,rehabilitation.and new construction budget.
** 3v law.SHP funds can be no more than 80%of the total supportive services budget.
***By law.SHP can pay no more than 75%of the total operating budget. Please note change in operating match
OMB Approval No. 2506 (exp. 6/30/2003) • HUD-40076-2
Page no:2
a
•
Project Number NE26B101010
Technical
Submission Exhibit 4: Supportive Services •
(con't)
A. Supportive Services Budget
Please complete the chart below for your project's total supportive services budget. If you need additional
space for more services,you may reproduce this chart and label it Exhibit 4A.
In the first column, fill in the supportive service expenses. For staff positions,please include the job.title and
quantity(or FTE-full time equivalent); for supportive services,such as transportation services,please include
the type(e.g., bus tokens)and quantity. In the Year 1 column, enter the amount needed to pay for the service
in the first year. If the grant is multi-year,enter the funds needed for Year 2,and if applicable,Year 3. In the
last column,total the amount of funds needed for the full grant term. Please ensure that the total supportive
services request on Line 5,column(d) below,matches the amount you entered in your project's .
Summary Bud1et_inExhibit.l.
Please note that the selectee's match for the first year of the grant term [i.e.,Line 6,column(a)]must be
documented as described in the introduction to this Exhibit on the previous page; for projects with grant terms
exceeding one year,the certification at Section E of this Exhibit must be completed for Year 2 and Year 3 of
the grant term.
Example:
Year 1 Year 2 Year 3 Total
Supportive Service Expense (a) (b) (c) (d)
Service Activity: Mental Health Counseling $10,000 $10,300 $10,609 $30,909
Quantity: 0.251~-I'h
Service Activity: Transportation(Bus Tokens) 12,000 12,360 12,731 37,091
Quantity: 500/mo. @$2.00 ea.
Total Supportive Services Budget 22,000 22,660 23,340 68,000
SHP Request $17,600 $18,128 $18,672 $54,400
Chart 4A:
Year 1 Year 2 Year 3 Total
Supportive Service Expense (a) (b) (c) (d)
1. Service Activity: $59,124:00 $59,125.00
Quantity: Case Manager 1.00)HTE
Counselor .75 FTE
2. Service Activity: $1,500.00 $1,500.00
Quantity: Transportation
$750.00 Bus Tokens
$750.00 Mileage per mile
3. Service Activity:
Quantity:
4. Total Supportive Services Budget $60,625.00 560,625.00
5. SHP REQUEST* 348,500.00 S48,500.00
6. Selectee's Match(Line 4 minus Line 5) $12,125.00 S12,125.00
*The SHP request cannot be more than 80%of the total supportive services budget in Line 4.
OMB Approval No.2506 (exp. 6/30/2003) HUD-40076-2
Page no: 14
Project Number NE26B101010
Technical •
Submission Exhibit 5: Operations
(con't) (all projects requesting operating funds)
A. Operations Budget
Complete the chart below or reproduce it using available spreadsheet software. Only operating expenses for
which a cash payment will be required for this project maybe entered. Do not include the value of non-cash
contributions, such as donated supplies.
In the first column under operating expense,enter the requested information including type of expense and
other information where indicated(see example in chart below). In the Year 1 column, enter the total amount
of funds to be used to pay for the expense the first year. If the grant is multi-year, enter the total funds to be
used for the second and third years if applicable. In the last column,total the amount of funds needed to help
pay for the identified operating expense for the grant term. For Line 11,total the amount of funds needed for
each year and on Fine 12 enter the SHP request for each year.
Operating Expense Year 1 Year 2 Year 3 Total
(a) (b) (c) (d)
EXAMPLE: Grounds maintenance
contract;$75/mos.
1. Maintenance/Repair
2. Staff.(position,%time,fringe $27,000.00 $27,000.00
benefits, salary).8 FTE Prop Mgr
3. Utilities
4. Equipment(lease/buy) $2250.00 • $2250.00
Office Supplies/Equipment
5. Supplies (quantity)
6. Insurance
7. Furnishings(quantity)
8. *Relocation(no.of persons) •
9. Food(perishable/non-perishable,
quantity)
10. Other Operating Costs(amounts/ $3,750.00 $3,750.00
quantities) Communications
11. Total Operating Budget $33,000.00 $33,000.00
12. SHP REQUEST** $24,665.00 $24,665.00
13. Selectee's Match"** $8,335.00 $8,335.00
(Line 11 minus line 12)
* See previous page,paragraph 3.
** The SHP request for Years 1,2,and 3 cannot be more than 75%of the total operating budget for those
years.
***See previous page for information regarding documenting match.
OMB Approval No. 2506(exp. 6/30/2003) HUD-40076-2
Page no:22
OMB Circular No. A-133 Page*1 of 33
EXHIBIT
Circular No. A-133 - Revised June 24, 1997
Audits of States, Local Governments, and Non-Profit
Organizations
(Accompanying Federal Register Materials--Audits of States,Local Governments, and Non-
Profit Organizations June 30, 1997)
TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
•
SUBJECT: Audits of States,Local Governments, and Non-Profit Organizations
1. Purpose..This Circular is issued pursuant to the Single Audit Act of 1984,P.L. 98-502, and the
Single Audit Act Amendments of 1996,P.L, 104-156. It sets forth standards for obtaining
consistency and uniformity among Federal agencies for the audit of States,local governments, and
non-profit organizations expending Federal awards.
2. Authority. Circular A-133 is issued under the authority of sections 503, 1111, and 7501 et seq. of
title 31,United States Code, and Executive Orders 8248 and 11541.
3. Rescission and Supersession. This Circular rescinds Circular A-128, "Audits of State and Local
Governments," issued April 12, 1985, and supersedes the prior Circular A-133, "Audits of
Institutions of Higher Education and Other Non-Profit Institutions," issued April 22, 1996. For
effective dates,see paragraph 10.
4. Policy. Except as provided herein,the standards set forth in this Circular shall be applied by all
Federal agencies. If any statute specifically prescribes policies or specific requirements that differ
from the standards provided herein,the provisions of the subsequent statute shall govern.
Federal agencies shall apply the provisions of the sections of this Circular to non-Federal entities,
whether they are recipients expending Federal awards received directly from Federal awarding
agencies,or are subrecipients expending Federal awards received from a pass-through entity(a
recipient or another subrecipient).
This Circular does not apply to non-U.S.based entities expending Federal awards received either
directly as a recipient or indirectly as a subrecipient.
5. Definitions. The definitions of key terms used in this Circular are contained in §_.105 in the
Attachment to this Circular.
6. Required Action. The specific requirements and responsibilities of Federal agencies and non-
Federal entities are set forth in the Attachment to this Circular. Federal agencies making awards to
non-Federal entities,either directly or indirectly, shall adopt the language in the Circular in codified
regulations as provided in Section 10(below), unless different provisions are required by Federal
statute or are approved by the Office of Management and Budget(OMB).
7. OMB Responsibilities. OMB will review Federal agency regulations and implementation of this
Circular, and will provide interpretations of policy requirements and assistance to ensure uniform,
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OMB Circular No. A-133 • Page 2 of 33
effective and efficient implementation.
8. Information Contact. Further information concerning Circular A-133 may be obtained by
contacting the Financial Standards and Reporting Branch,Office of Federal Financial Management,
Office of Management and Budget, Washington,DC 20503,telephone(202)395-3993.
9. Review Date. This Circular will have a policy review three years from the date of issuance.
10. Effective Dates. The standards set forth in § .400 of the Attachment to this Circular,which
apply directly to Federal agencies, shall be effective July 1, 1996, and shall apply to audits of fiscal
years beginning after June 30, 1996, except as otherwise specified in §_.400(a).
The standards set forth in this Circular that Federal agencies shall apply to non-Federal entities shall
be adopted by Federal agencies in codified regulations not later than 60 days after publication of this
final revision in the Federal Register, so that they will apply to audits of fiscal years beginning after
June 30, 1996,with the exception that § .305(b)of the Attachment applies to audits of fiscal years .
beginning after June 30, 1998. The requirements of Circular A-128, although the Circular is
rescinded, and the 1990 version of Circular A-133 remain in effect for audits of fiscal years beginning
on or before June 30, 1996.
Franklin D. Raines
Director
Attachment
PART_--AUDITS OF STATES, LOCAL GOVERNMENTS,AND NON-PROFIT
ORGANIZATIONS
Subpart A--General
Sec.
_.100 Purpose.
_.105 Definitions.
SubpartB-_Audits
.200 Audit requirements.
_.205 Basis for determining Federal awards expended.
_.210 Subrecipient and vendor determinations.
_.215 Relation to other audit requirements.
_.220 Frequency of audits.
_.225 Sanctions.
_.230 Audit costs. .
_.235 Program-specific audits.
Subpart C- Auditees
_.300 Auditee responsibilities.
.305 Auditor selection.
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OMB Circular No. A-133 Page 3 of 33
_.310 Financial statements.
_.315 Audit findings follow-up.
_.320 Report submission.
Subpart D=-Federal Agencies and Pass-Through Entities,
_.400 Responsibilities.
.405 Management decision.
Subpart_E--Auditors
.500 Scope of audit.
_.505 Audit reporting.
_.510 Audit findings.
_.515 Audit working papers. •
_.520 Major program determination.
.525 Criteria for Federal program risk.
•
530 Criteria for a low-risk auditee.
Appendix A to Part_-Data Collection Form(Form SF-SAC).
Appendix B to Part_- Circular A-133 Compliance Supplement.
Subpart A- General
§ .100 Purpose.
This part sets forth standards for obtaining consistency and uniformity among Federal agencies for
the audit of non-Federal entities expending Federal awards.
§_.105 Definitions.
Auditee means.any non-Federal entity that expends Federal awards which must be audited under this
part. Auditor means an auditor,that is a public accountant or a Federal, State or local government
audit organization,which meets the general standards specified in generally accepted government
auditing standards(GAGAS). The term auditor does not include internal auditors of non-profit
organizations.
Audit finding means deficiencies which the auditor is required by§ .510(a)to report in the
schedule of findings and questioned costs.
CFDA number means the number assigned to a Federal program in the Catalog of Federal
Domestic Assistance(CFDA).
Cluster of programs means a grouping of closely related programs that share common compliance
requirements. The types of clusters of programs are research and development(R&D), student
financial aid(SFA), and other clusters. "Other clusters" are as defined by the Office of Management
and Budget(OMB)in the compliance supplement or as designated by a State for Federal awards the
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OMB Circular No. A-133 Page 4 of 33
State provides to its subrecipients that meet the definition of a cluster of programs. When designating
an"other cluster," a State shall identify the Federal awards included in the cluster and advise the
subrecipients of compliance requirements applicable to the cluster,consistent with§_.400(d)(1)
and§_.400(d)(2),respectively.A cluster of programs shall be considered as one program for
determining major programs, as described in § .520, and, with the exception of R&D as described
in§ .200(c),whether a program-specific audit may be elected.
Cognizant agency for audit means the Federal agency designated to carry out the responsibilities
described in§_.400(a).
Compliance supplement refers to the Circular A-133 Compliance Supplement, included as
Appendix B to Circular A-133,or such documents as OMB or its designee may issue to replace it.
This document is available from the Government Printing Office, Superintendent of Documents,
Washington,DC 20402-9325.
Corrective action means action taken by the auditee that:
(1)Corrects identified deficiencies;.
(2)Produces recommended improvements; or
(3)Demonstrates that audit findings are either invalid or do not warrant auditee action.
Federal agency has the same meaning as the term agency in Section 551(1)of title 5,United States
Code.
Federal award means Federal financial assistance and Federal cost-reimbursement contracts that
non-Federal entities receive directly from Federal awarding agencies or indirectly from pass-through
entities. It does not include procurement contracts,under grants or contracts,used to buy goods or
services from vendors. Any audits of such vendors shall be covered by the terms and conditions of
the contract. Contracts to operate Federal Government owned,contractor operated facilities(GOCOs)
are excluded from the requirements of this part.
•
Federal awarding agency means the Federal agency that provides an award directly to the recipient.
Federal financial assistance means assistance that non-Federal entities receive or administer in the
form of grants, loans, loan guarantees,property(including donated surplus property),cooperative
agreements,interest subsidies, insurance, food commodities, direct appropriations, and other
assistance, but does not include amounts received as reimbursement for services rendered to
individuals as described in §!205(h) and § .205(i).
Federal program means:
(1)All Federal awards to a non-Federal entity assigned a single number in the CFDA.
(2) When no CFDA number is assigned, all Federal awards from the same agency made for the same
purpose should be combined and considered one program.
(3)Notwithstanding paragraphs(1) and(2)of this definition, a cluster of programs. The types of
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OMB Circular No. A-133 Page 5 of 33
clusters of programs are:
(i)Research and development(R&D);
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(ii) Student financial aid(SPA); and
(iii) "Other clusters," as described in the definition of cluster of programs in this section.
GAGAS means generally accepted government auditing standards issued by the Comptroller General
of the United States,which are applicable to financial audits.
Generally accepted accounting principles has the meaning specified in generally accepted auditing
standards issued by the American Institute of Certified Public Accountants(AICPA).
Indian tribe means any Indian tribe,band,nation,or other organized group or community,including
any Alaskan Native village or regional or village corporation(as defined in, or established under,the
Alaskan Native Claims Settlement Act)that is recognized by the United States as eligible for the
special programs and services provided by the United States to Indians because of their status as.
Indians.
Internal control means a process,effected by an entity's management and other personnel, designed
to provide reasonable assurance regarding the achievement of objectives in the following categories:
(1)Effectiveness and efficiency of operations;
(2)Reliability of financial reporting; and
(3) Compliance with applicable laws and regulations.
Internal control pertaining to the compliance requirements for Federal programs(Internal
control over Federal programs)means a process--effected by an entity's management and other
personnel--designed to provide reasonable assurance regarding the achievement-of the following
objectives for Federal programs:
(1)Transactions are properly recorded and accounted for to:
(i)Permit the preparation of reliable financial statements and Federal reports;
(ii)Maintain accountability over assets; and
(iii).Demonstrate compliance with laws,regulations, and other compliance requirements;
(2)Transactions are executed in compliance with:
(i)Laws,regulations, and the provisionsof contracts or grant agreements that could have a direct and
material effect on a Federal program; and
(ii) Any other laws and regulations that are identified in the compliance supplement; and
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OMB Circular No. A-133 Page 6 of 33
(3)Funds,property, and other assets are safeguarded against loss from unauthorized use or
disposition.
Loan means a Federal loan or loan guarantee received or administered by a non-Federal entity.
Local government means any unit of local government within a State, including a county,borough,
municipality, city, town, township,parish, local public authority,special district, school district,
intrastate district,council of governments, and any other instrumentality of local government.
Major program means a Federal program determined by the auditor to be a major program in
accordance with§_.520 or a program identified as a major program by a Federal agency or pass-
through entity in accordance with §_.215(c).
Management decision means the evaluation by the Federal awarding agency or pass-through entity.
of the audit findings and corrective action plan and the issuance of a written decision as to what
corrective action is necessary.
Non-Federal entity means a State, local government,or non-profit organization.
Non-profit organization means:
(1) any corporation, trust, association,cooperative, or other organization that:
(i)Is operated primarily for scientific, educational, service,charitable, or similar purposes in the
public interest;
(ii)Is not organized primarily for profit; and
(iii)Uses its net proceeds to maintain, improve,or expand its operations; and
(2)The term non-profit organization includes non-profit institutions of higher education and
hospitals.
OMB means the Executive Office of the President, Office of Management and Budget.
Oversight agency for audit means the Federal awarding agency that provides the predominant
amount of direct funding to a recipient not assigned a cognizant agency for audit. When there is no
direct funding, the Federal agency with the predominant indirect funding shall assume the oversight
responsibilities. The duties of the oversight agency for audit are described in§_.400(b).
Pass-through entity means a non-Federal entity that provides a Federal award to a subrecipient to
carry out a Federal program.
Program-specific audit means an audit of one Federal program as provided for in §_.200(c)and
§_.235.
Questioned cost means a cost that is questioned by the auditor because of an audit finding:
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(1)Which resulted from a violation or possible violation of a provision of a law,regulation,contract,
grant,cooperative agreement, or other agreement or document governing the use of Federal funds,
including funds used to match Federal funds;
(2) Where the costs, at the time of the audit, are not supported by adequate documentation; or
(3) Where the costs incurred appear unreasonable and do not reflect the actions a prudent person
would take in the circumstances.
Recipient means a non-Federal entity that expends Federal awards received directly from a Federal
awarding agency to carry out a Federal program.
Research and development(R&D)means all research activities,both basic and applied, and all
development activities that are performed by a non-Federal entity. Research is defined as a
systematic study directed toward fuller scientific knowledge or understanding of the subject studied.
The term research also includes activities involving the training of individuals in research techniques
where such activities utilize the same facilities as other research and development activities and
where such activities are not included in the instruction function. Development is the systematic use
of knowledge and understanding gained from research directed toward the production of useful
materials, devices, systems,or methods, including design and development of prototypes and
processes.
Single audit means an audit which includes both the entity's financial statements and the Federal
awards as described in§ .500.
State means any State of the United States,the District of Columbia,the Commonwealth of Puerto
Rico,the Virgin Islands,Guam,American Samoa,the Commonwealth of the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands, any instrumentality thereof, any multi-State,
regional, or interstate entity which has governmental functions, and any Indian tribe as defined in this
section.
Student Financial Aid (SFA)includes those programs of general student assistance, such as those
authorized by Title N of the Higher Education Act of 1965, as amended, (20 U.S.C. 1070 et seq.)
which is administered by the U.S. Department of Education, and similar programs provided by other
Federal agencies. It does not include programs which provide fellowships or similar Federal awards
to students on a competitive basis,or for specified studies or research.
Subrecipient means a non-Federal entity that expends Federal awards received from a pass-through
entity to carry out a Federal program,but does not include an individual that is a beneficiary of such a
program. A subrecipient may also be a recipient of other Federal awards directly from a Federal
awarding agency. Guidance on distinguishing between a subrecipient and a vendor is provided in
§_.210.
Types of compliance requirements refers to the types of compliance requirements listed in the
compliance supplement. Examples include: activities allowed or unallowed; allowable costs/cost
principles; cash management; eligibility;matching, level of effort, earmarking; and,reporting.
Vendor means a dealer,distributor,merchant, or other seller providing goods or services that are
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OMB Circular No. A-133 • Page 8 of 33
required for the conduct of a Federal program. These goods or services may be for an organization's
own use or for the use of beneficiaries of the Federal program. Additional guidance on distinguishing
between a subrecipient and a vendor is provided in§ .210.
SubpartB--Audits _......_.._....................___........__.._... _..........._..._....._._........_...._.........._.._.._.._.._..._......_.._.._........................_................_......._................_.._.....__..._......__.............._._...._..._...._......_..........
§ .200 Audit requirements.
(a)Audit required. Non-Federal entities that expend$300,000 or more in a year in Federal awards
shall have a single or program-specific audit conducted for that year in accordance with the
provisions of this part. Guidance on determining Federal awards expended is provided in§_.205.
(b)Single audit. Non-Federal entities that expend$300,000 or more in a year in Federal awards shall
have a single audit conducted in accordance with § .500 except when they elect to have a program-
specific audit conducted in accordance with paragraph(c)of this section.
(c) Program-specific audit election. When an auditee expends Federal awards under only one
Federal program(excluding R&D) and the Federal program's laws,regulations,or grant agreements
do not require a financial statement audit of the auditee,the auditee may elect to have a program-
specific audit conducted in accordance with§_.235. A program-specific audit may not be elected
for R&D unless all of the Federal awards expended were received from the same Federal agency,or
the same Federal agency and the same pass-through entity, and that Federal agency,or pass-through
entity in the case of a subrecipient, approves in advance a program-specific audit.
(d)Exemption when Federal awards expended are less than $300,000. Non-Federal entities that
expend less than$300,000 a year in Federal awards are exempt from Federal audit requirements for
that year,except as noted in § .215(a),but records must be available for review or audit by
appropriate officials of the Federal agency,pass-through entity, and General Accounting Office
(GAO).
(e)Federally Funded Research and Development Centers (FFRDC).Management of an auditee
that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes of this
part.
§ .205 Basis for determining Federal awards expended.
(a)Determining Federal awards expended. The determination of when an award is expended
should be based on when the activity related to the award occurs. Generally,the activity pertains to
events that require the non-Federal entity to comply with laws,regulations, and the provisions of
contracts or grant agreements, such as: expenditure/expense transactions associated with grants,cost-
reimbursement contracts, cooperative agreements, and direct appropriations; the disbursement of
funds passed through to subrecipients; the use of loan proceeds under loan and loan guarantee
programs; the receipt of property; the receipt of surplus property; the receipt or use of program
income; the distribution or consumption of food commodities; the disbursement of amounts entitling
the non-Federal entity to an interest subsidy; and, the period when insurance is in force.
(b) Loan and loan guarantees (loans). Since the Federal Government is at risk for loans until the
debt is repaid, the following guidelines shall be used to calculate the value of Federal awards
expended under loan programs, except as noted in paragraphs (c)and(d)of this section:
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' OMB Circular No. A-133 Page 9 of 33
(1)Value of new loans made or received during the fiscal year;plus
(2)Balance of loans from previous years for which the Federal Government imposes continuing
compliance requirements;plus
(3)Any interest subsidy, cash,or administrative cost allowance received.
(c)Loan and loan guarantees(loans) at institutions of higher education. When loans are made to
students of an institution of higher education but the institution does not make the loans, then only the
value of loans made during the year shall be considered Federal awards expended in that year. The
balance of loans for previous years is not included as.Federal awards expended because the lender
accounts for the prior balances.
(d)Prior loan and loan guarantees (loans). Loans,the proceeds of which were received and
expended in prior-years, are not considered Federal awards expended under this part when the laws,
regulations, and the provisions of contracts or grant agreements pertaining to such loans impose no
continuing compliance requirements other than to repay the loans.
(e)Endowment funds. The cumulative balance of Federal awards for endowment funds which are
federally restricted are considered awards expended in each year in which the funds are still
restricted.
(f)Free rent. Free rent received by itself is not considered a Federal award expended under this part.
However, free rent received as part of an award to carry out a Federal program shall be included in
determining Federal awards expended and subject to audit under this part.
(g)Valuing non-cash assistance. Federal non-cash assistance,such as free rent, food stamps, food
commodities, donated property,or donated surplus property, shall be valued at fair market value at
the time of receipt or the assessed value provided by the Federal agency.
(h)Medicare. Medicare payments to a non-Federal entity for providing patient care services to
Medicare eligible individuals are not considered Federal awards expended under this part.
(i)Medicaid. Medicaid payments to a subrecipient for providing patient care services to Medicaid
eligible individuals are not considered Federal awards expended under this part unless a State
requires the funds to be.treated as Federal awards expended because reimbursement is on a cost-
reimbursement basis.
(j)Certain loans provided by the National Credit Union Administration.For purposes of this
part, loans made from the National Credit Union Share Insurance Fund and the Central Liquidity
Facility that are funded by contributions from insured institutions are not considered Federal awards
expended.
§_.210 Subrecipient and vendor determinations.
(a)General. An auditee may be a recipient, a subrecipient, and a vendor. Federal awards expended as
a recipient or a subrecipient would be subject to audit under this part. The payments received for
goods or services provided as a vendor would not be considered Federal awards. The guidance in
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OMB Circular No. A-133 Page 10 of 33
paragraphs(b) and (c)of this section should be considered in determining whether payments
constitute a Federal award or a payment for goods and services.
(b)Federal award. Characteristics indicative of a Federal award received by a subrecipient are when
the organization:
(1)Determines who is eligible to receive what Federal financial assistance;
(2)Has its performance measured against whether the objectives of the Federal program are met;
(3)Has responsibility for programmatic decision making;
(4)Has responsibility for adherence to applicable Federal program compliance requirements; and
(5)Uses the Federal funds to carry out a program of the organization as compared to providing goods
or services for a program of the pass-through entity.
(c) Payment for goods and services. Characteristics indicative of a payment for goods and services
received by a vendor are when the organization:
(1)Provides the goods and services within normal business operations;
(2)Provides similar goods or services to many different purchasers;
(3) Operates in a competitive environment;
•
(4)Provides goods or services that are ancillary to the operation of the Federal program; and
(5)Is not subject to compliance requirements of the Federal program.
(d) Use of judgment in making determination. There may be unusual circumstances or exceptions
to the listed characteristics. In making the determination of whether a subrecipient or vendor
relationship exists, the substance of the relationship is more important than the form of the
agreement. It is not expected_that all.of.the characteristics will be present and judgment should be
used in determining whether an entity is a subrecipient or vendor.
(e)For-profit subrecipient. Since this part does not apply to for-profit subrecipients,the pass-
through entity is responsible for establishing requirements, as necessary,to ensure compliance by for-
profit subrecipients. The contract with the for-profit subrecipient should describe applicable
compliance requirements.and the for-profit.subrecipient's compliance responsibility. Methods to
ensure compliance for Federal awards made to for-profit subrecipients may include pre-award audits,
monitoring during the contract, and post-award audits.
(f) Compliance responsibility for vendors. In most cases, the auditee's compliance responsibility
for vendors is only to ensure that the procurement,receipt, and payment for goods and services
comply with laws, regulations, and the provisions of contracts or grant agreements. Program
compliance requirements normally do not pass through to vendors. However,the auditee is
responsible for ensuring compliance for vendor transactions which are structured such that the vendor
is responsible for program compliance or the vendor's records must be reviewed to determine
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program compliance. Also,when these vendor transactions relate to a major program,the scope of
the audit shall include determining whether these transactions are in compliance with laws,
regulations, and the provisions of contracts or grant agreements.
§ .215 Relation to other audit requirements.
(a)Audit under this part in lieu of other audits. An audit made in accordance with this part shall
be in lieu of any financial audit required under individual Federal awards. To the extent this audit
meets a Federal agency's needs, it shall rely upon and use such audits. The provisions of this part
neither limit the authority of Federal agencies, including their Inspectors General, or GAO to conduct
or arrange for additional audits(e.g.,financial audits,performance audits, evaluations,inspections, or
reviews)nor authorize any auditee to constrain Federal agencies from carrying out additional audits.
Any additional audits shall be planned and performed in such a way as to build upon work performed
by other auditors.
(b)Federal agency to pay for additional audits. A Federal agency that conducts or contracts for
additional audits shall, consistent with other applicable laws and regulations, arrange for funding the
full cost of such additional audits.
(c)Request for a program to be audited as a major program.A Federal agency may request an
auditee to have a particular Federal program audited as a major program in lieu of the Federal agency
conducting or arranging for the additional audits. To allow for planning,such requests should be
made at least 180 days prior to the end of the fiscal year to be audited. The auditee, after consultation
with its auditor, should promptly respond to such request by informing the Federal agency whether
the program would otherwise be audited as a major program using the risk-based audit approach
described in §_.520 and, if not,the estimated incremental cost The Federal agency shall then
promptly confirm to the auditee whether it wants the program audited as a major program. If the
program is to be audited as a major program based upon this Federal agency request, and the Federal
agency agrees to pay the full incremental costs,then the auditee shall have the program audited as a
major program. A pass-through entity may use the provisions of this paragraph for a subrecipient.
§ .220 Frequency of audits.
Except for the provisions for biennial audits provided in paragraphs (a)and(b)of this section, audits
required by this part shall be performed annually. Any biennial audit shall cover both years within the
biennial period.
(a)A State or local government that is required by constitution or statute, in effect on January 1,
1987,to undergo its audits less frequently than annually, is permitted to undergo its audits pursuant to
this part biennially. This requirement must still be in effect for the biennial period under audit.
(b)Any non-profit organization that had biennial audits for all biennial periods ending between July
1, 1992, and January 1, 1995, is permitted to undergo its audits pursuant to this part biennially.
§_.225 Sanctions.
No audit costs may be charged to Federal awards when audits required by this part have not been
made or have been made but not in accordance with this part. In cases of continued inability or
unwillingness to have an audit conducted in accordance with this part,Federal agencies and pass-
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OMB Circular No. A-133
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through entities shall take appropriate action using sanctions such as:
(a) Withholding a percentage of Federal awards until the audit is completed satisfactorily;
(b) Withholding or disallowing overhead costs;
(c) Suspending Federal awards until the audit is conducted; or
(d) Terminating the Federal award.
§ .230 Audit costs.
(a) Allowable costs.Unless prohibited by law,the cost of audits made in accordance with the
provisions of this part are allowable charges to Federal awards. The charges may be considered a
direct cost or an allocated indirect cost, as determined in accordance with the provisions of applicable
OMB cost principles circulars, the Federal Acquisition Regulation(FAR) (48 CFR parts 30 and 31),
or other applicable cost principles or regulations.
(b) Unallowable.costs. A non-Federal entity shall not charge the following to a Federal award:
•
(1) The cost of any audit under the Single Audit Act Amendments of 1996 (31 U.S.C. 7501 et seq.)
not conducted in accordance with this part.
(2)The cost of auditing a non-Federal entity which has Federal awards expended of less than
$300,000 per year and is thereby exempted under§_.200(d)from having an audit conducted under
this part. However, this does not prohibit a:pass-through:entity from charging Federal awards for the
cost of limited scope audits to monitor its subrecipients in accordance with..§_.400(d)(3),provided.
the subrecipient does not have a single audit. For purposes of this part, limited scope audits only
include agreed-upon procedures engagements conducted in accordance with either the AICPA's
generally accepted auditing standards or attestation standards, that are paid for and arranged by a
pass-through entity and address only one or more of the following types of compliance requirements:
activities allowed or unallowed; allowable costs/cost principles; eligibility; matching, level of effort,
earmarking;and,reporting..
§ .235 Program-specific audits.
(a) Program-specific audit guide available. In many cases, a program-specific audit guide will be
•
available to provide specific guidance to the auditor with respect to internal control, compliance
requirements, suggested audit procedures, and audit reporting requirements. The auditor should.
contact the Office of Inspector General of the Federal agency to determine whether such a guide is
available. When a current program-specific audit guide is available,the auditor shall follow GAGAS
and the guide when performing a program-specific audit.
(b) Program-specific audit guide not available. (1)When a program-specific audit guide is not
available, the auditee and auditor shall have basically the same responsibilities for the.Federal.
program as they would have for an audit of a major program in a single audit.
(2)The auditee shall prepare the financial statement(s) for the Federal program that includes, at a
minimum, a schedule of expenditures of Federal awards for the program and notes that describe the
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significant accounting policies used in preparing the schedule, a summary schedule of prior audit
findings consistent with the requirements of§ .315(b), and a corrective action plan consistent with
the requirements of§_.315(c).
(3)The auditor shall:
(i)Perform an audit of the financial statement(s) for the Federal program in accordance with
GAGAS;
(ii)Obtain an understanding of internal control and perform tests of internal control over the Federal
program consistent with the requirements of§ .500(c)for a major program;
(iii)Perform procedures to determine whether the auditee has complied with laws,regulations, and
the provisions of contracts or grant agreements that could have a direct and material effect on the
Federal program consistent with the requirements of§_.500(d) for a major program; and
(iv)Follow up on prior audit findings,perform procedures to assess the reasonableness of the
summary schedule of prior audit findings prepared by the auditee,and report, as a current year audit
finding,when the auditor concludes that the summary schedule of prior audit findings materially
misrepresents the status of any prior audit finding in accordance with the requirements of§.500
(e).
(4)The auditor's report(s)may be in the form of either combined or separate reports and may be
organized differently from the manner presented in this section. The auditor's report(s)shall state that
the audit was conducted in accordance with this part and include the following:
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(i)An opinion(or disclaimer of opinion)as to whether the financial statement(s)of the Federal
program is presented fairly in all material respects in conformity with the stated accounting policies;
(ii)A report on internal control related to the Federal program,which shall describe the scope of
testing of internal control and the results of the tests;
(iii)A report on compliance which includes an opinion(or disclaimer of opinion)as to whether the
auditee complied with laws,regulations,and the provisions of contracts or grant agreements which
could have a direct and material effect on the Federal program; and
(iv)A schedule of findings and questioned costs for the Federal program that includes a summary of
the auditor's results relative to the Federal program in a format consistent with §_.505(d)(1) and
findings and questioned costs consistent with the requirements of§ .505(d)(3).
(c)Report submission for program-specific audits.
(1)The audit shall be completed and the reporting required by paragraph(c)(2) or(c)(3) of this
section submitted within the earlier of 30 days after receipt of the auditor's report(s), or nine months
after the end of the audit period,unless a longer period is agreed to in advance by the Federal agency
that provided the funding or a different period is specified in a program-specific audit guide.
(However, for fiscal years beginning on or before June 30, 1998,the audit shall be completed and the
required reporting shall be submitted within the earlier of 30 days after receipt of the auditor's report
(s), or 13 months after the end of the audit period,unless a different period is specified in a program-
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specific audit guide.)Unless restricted by law or regulation, the auditee shall make report copies
available for public inspection.
(2) When a program-specific audit guide is available, the auditee shall submit to the Federal
clearinghouse designated by OMB the data collection form prepared in accordance with§_.320(b),
as applicable to a program-specific audit,and the reporting required by the program-specific audit
guide to be retained as an archival copy. Also,the auditee shall submit to the Federal awarding
agency or pass-through entity the reporting required by the program-specific audit guide.
(3) When a program-specific audit guide is not available, the reporting package for a program-
specific audit shall consist of the financial statement(s)of the Federal program, a summary schedule
of prior audit findings, and a corrective action plan as described in paragraph(b)(2)of this section,
and the auditor's report(s)described in paragraph (b)(4)of this section. The data collection form
prepared in accordance with§_.320(b), as applicable to a program-specific audit, and one copy of
this reporting package shall be submitted to the Federal clearinghouse designated by OMB to be
• retained as an archival copy. Also,when the schedule of findings and questioned costs disclosed audit
findings or the summary schedule of prior audit findings reported the status of any audit findings, the
auditee shall submit one copy of the reporting package to the Federal clearinghouse on behalf of the
Federal awarding agency, or directly to the pass-through entity in the case of a subrecipient. Instead
of submitting the reporting package to the pass-through entity,when a subrecipient is not required to
submit a reporting package to the pass-through entity,the subrecipient shall provide written
notification to the pass-through entity,consistent with the requirements of§ .320(e)(2). A
subrecipient may submit a copy of the reporting package to the pass-through entity to comply with
this notification requirement.
(d) Other sections of this part may apply. Program-specific audits are subject to §_.100 through
§_.215(b), § .220 through§ .230, § .300 through § .305, § .315, § .320(f).
through§ .320(j),§ .400 through§ .405, §_.510 through§ .515, and other referenced
provisions of this part unless contrary to the provisions of this section, a program-specific audit
guide, or program laws and regulations.
Subpart C--Auditees
§ .300 Auditee responsibilities.
The auditee shall:
(a)Identify, in its accounts, all Federal awards received and expended and the Federal programs
under which they were received. Federal program and award identification shall include, as
applicable, the CFDA title and number, award number and year,name of the Federal agency,and
name of the pass-through entity.
(b)Maintain internal control over Federal programs that provides reasonable assurance that the
auditee is managing Federal awards in compliance with laws, regulations, and the provisions of
contracts or grant agreements that could have a material effect on each of its Federal programs.
(c) Comply with laws, regulations, and the provisions of contracts or grant agreements related to each
of its Federal programs.
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(d)Prepare appropriate financial statements, including the schedule of expenditures of Federal
awards in accordance with§ .310.
(e)Ensure that the audits required by this part are properly performed and submitted when due. When
extensions to the report submission due date required by§_.320(a) are granted by the cognizant or
oversight agency for audit,promptly notify the Federal clearinghouse designated by OMB and each
pass-through entity providing Federal awards of the extension.
(f)Follow up and take corrective action on audit findings, including preparation of a summary
schedule of prior audit findings and a corrective action plan in accordance with § .315(b)and
§_.315(c), respectively.
§_.305 Auditor selection..
(a)Auditor procurement.In procuring audit services, auditees shall follow the procurement
standards prescribed by the Grants Management Common Rule(hereinafter referred to as the "A-102
Common Rule")published March 11, 1988 and amended April 19, 1995 [insert appropriate CFR
citation], Circular A-110, "Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education,Hospitals and Other Non-Profit Organizations," or the FAR(48
CFR part 42), as applicable(OMB Circulars are available from the Office of Administration,
Publications Office, room 2200,New Executive Office Building, Washington, DC 20503). Whenever
possible, auditees shall make positive efforts to utilize small businesses,minority-owned firms, and
women's business enterprises, in procuring audit services as stated in the A-102 Common Rule, OMB
Circular A-110,or the FAR(48 CFR part 42), as applicable. In requesting proposals for audit
services,the objectives and scope of the audit should be made clear. Factors to be considered in
evaluating each proposal for audit services include the responsiveness to the request for proposal,
relevant experience, availability of staff with professional qualifications and technical abilities, the
results of external quality control reviews, and price.
(b)Restriction on auditor preparing indirect cost proposals. An auditor who prepares the indirect
cost proposal or cost allocation plan may not also be selected to perform the audit required by this
part when the indirect costs recovered by the auditee during the prior year exceeded $1 million. This
restriction applies to the base year used in the preparation of the indirect cost proposal or cost
allocation plan and any subsequent years in which the resulting indirect cost agreement or cost
allocation plan is used to recover costs. To minimize any disruption in existing contracts for audit
services, this paragraph applies to audits of fiscal years beginning after June 30, 1998.
(c)Use of Federal auditors. Federal auditors may perform all or part of the work required under this
part if they comply fully with the requirements of this part.
§ .310 Financial statements.
(a)Financial statements. The auditee shall prepare financial statements that reflect its financial
position, results of operations or changes in net assets, and,where appropriate, cash flows for the
fiscal year audited. The financial statements shall be for the same organizational unit and fiscal year
that is chosen to meet the requirements of this part. However, organization-wide financial statements
may also include departments, agencies, and other organizational units that have separate audits in
accordance with§ .500(a)and prepare separate financial statements.
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(b)Schedule of expenditures of Federal awards. The auditee shall also prepare a schedule of
expenditures of Federal awards for the period covered by the auditee's financial statements. While not
required,the auditee may choose to provide information requested by Federal awarding agencies and
pass-through entities to make the schedule easier to use. For example,when a Federal program has
multiple award years, the auditee may list the amount of Federal awards expended for each award
year separately. At a minimum, the schedule shall:
(1)List individual Federal programs by Federal agency. For Federal programs included in a cluster of
programs,list individual Federal programs within a cluster of programs. For R&D, total Federal
awards expended shall be shown either by individual award or by Federal agency and major
subdivision within the Federal agency.For example, the National Institutes of Health is a major
subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and identifying
number assigned by the pass-through entity shall be included.
(3)Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
(4)Include notes that describe the significant accounting policies used in preparing the schedule.
(5)To the extent practical,pass-through entities should identify in the schedule the total amount
provided to subrecipients from each Federal program.
(6)Include,in either the schedule or a note to the schedule,the value of the Federal awards expended
in the form of non-cash assistance, the amount of insurance in effect during the year, and loans or
loan guarantees outstanding at year end. While not required, it is preferable to present this
information in the schedule.
§ .315 Audit findings follow-up.
(a)General. The auditee is responsible for follow-up and corrective action on all audit findings. As
part of this responsibility,the auditee shall prepare a summary schedule of prior audit findings. The
auditee shall also prepare a corrective action plan for current year audit findings. The summary
schedule of prior audit findings and the corrective action plan shall include the reference numbers the
auditor assigns to audit findings under§ .51.0(c). Since the summary schedule may include audit •
findings from multiple years, it shall include the fiscal year in which the finding initially occurred.
(b) Summary schedule of prior audit findings. The summary schedule of prior audit findings shall
report the status of all audit findings included in the prior audit's schedule of findings and questioned
costs relative to Federal awards. The summary schedule shall also include audit findings reported in
the prior audit's summary schedule of prior audit findings except audit findings listed as corrected in
accordance with paragraph(b)(1)of this section, or no longer valid or not warranting further action in
accordance with paragraph(b)(4)of this section.
(1)When audit findings were fully corrected, the summary schedule need only list the audit findings
and state that corrective action was taken.
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(2)When audit findings were not corrected or were only partially corrected,the summary schedule
shall describe the planned corrective action as well as any partial corrective action taken.
(3)When corrective action taken is significantly different from corrective action previously reported
in a corrective action plan or in the Federal agency's or pass-through entity's management decision,
the summary schedule shall provide an explanation.
(4)When the auditee believes the audit findings are no longer valid or do not warrant further action,
the reasons for this position shall be described in the summary schedule. A valid reason for
considering an audit finding as not warranting further action is that all of the following have
occurred:
(i)Two years have passed since the audit report in which the finding occurred was submitted to the
Federal clearinghouse;
(ii)The Federal agency or pass-through entity is not currently following up with the auditee on the
audit finding; and
•
(iii)A management decision was not issued.
(c)Corrective action plan.At the completion of the audit,the auditee shall prepare a corrective
action plan to address each audit finding included in the current year auditor's reports.The corrective
action plan shall provide the name(s)of the contact person(s)responsible for corrective action, the
• corrective action planned, and the anticipated completion date. If the auditee does not agree with the
audit findings or believes corrective action is not required,then the corrective action plan shall
include an explanation and specific reasons.
§_.320 Report submission.
(a)General.The audit shall be completed and the data collection form described in paragraph(b)of
this section and reporting package described in paragraph(c)of this section shall be submitted within
the earlier of 30 days after receipt of the auditor's report(s),or nine months after the end of the audit
period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audit.
(However, for fiscal years beginning on or before June 30, 1998, the audit shall be completed and the
data collection form and reporting package shall be submitted within the earlier of 30 days after
receipt of the auditor's report(s),or 13 months after the end of the audit period.)Unless restricted by
law or regulation, the auditee shall make copies available for public inspection.
(b)Data Collection. (1)The auditee shall submit a data collection form which states whether the
audit was completed in accordance with this part and provides information about the auditee,its
Federal programs, and the results of the audit. The form shall be approved by OMB, available from
the Federal clearinghouse designated by OMB, and include data elements similar to those presented
in this paragraph. A senior level representative of the auditee(e.g., State controller, director of
finance, chief executive officer, or chief financial officer)shall sign a statement to be included as part
of the form certifying that: the auditee complied with the requirements of this part,the form was
prepared in accordance with this part(and the instructions accompanying the form), and the
information included in the form, in its entirety, are accurate and complete.
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(2)The data collection form shall include the following data elements:
(i)The type of report the auditor issued on the financial statements of the auditee(i.e.,unqualified
opinion,qualified opinion, adverse opinion, or disclaimer of opinion).
(ii) Where applicable, a statement that reportable conditions in internal control were disclosed by the
audit of the financial statements and whether any such conditions were material weaknesses.
(iii) A statement as to whether the audit disclosed any noncompliance which is material to the
financial statements of the auditee.
(iv) Where applicable, a statement that reportable conditions in internal control over major programs
were disclosed by the audit and whether any such conditions were material weaknesses.
(v)The type of report the auditor issued on compliance for major programs(i.e., unqualified opinion,
qualified opinion,adverse opinion, or disclaimer of opinion).
(vi)A list of the Federal awarding agencies which will receive a copy of the reporting package
pursuant to §_.320(d)(2)of OMB Circular A-133.
(vii)A yes or no statement as to whether the auditee qualified as a low-risk auditee under§_.530 of
OMB Circular A-133.
(viii) The dollar threshold used to distinguish between Type.A and Type.B programs as defined in
§_.520(6)of OMB Circular A-133.
(ix) The Catalog of Federal Domestic Assistance(CFDA)number for each Federal program, as
applicable.
(x)The name of each Federal program and identification of each major program. Individual programs
within a cluster of programs should be listed in the same level of detail as they are listed,in the
schedule of expenditures of Federal awards.
(xi) The amount of expenditures in the schedule of expenditures of Federal awards associated with
each Federal program.
(xii) For each Federal program, a yes or no statement as to whether there are audit findings in each of
the following types of compliance requirements and the total amount of any questioned costs:
(A) Activities allowed or unallowed.
(B)Allowable costs/cost principles.
(C) Cash management.
(D)Davis-Bacon Act.
(E) Eligibility.
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(F)Equipment and real property management.
(G)Matching, level of effort, earmarking.
(H)Period of availability of Federal funds.
(I)Procurement and suspension and debarment.
(J)Program income.
(K)Real property acquisition and relocation assistance.
(L)Reporting.
(M) Subrecipient monitoring.
(N) Special tests and provisions.
(xiii)Auditee Name,Employer Identification Number(s),Name and Title of Certifying Official,
Telephone Number, Signature,and Date.
(xiv)Auditor Name,Name and Title of Contact Person,Auditor Address, Auditor Telephone
Number, Signature, and Date.
(xv)Whether the auditee has either a cognizant or oversight agency for audit.
(xvi)The name of the cognizant or oversight agency for audit determined in accordance with
§_.400(a) and§_.400(b),respectively.
(3).Using the information included in the reporting package described in paragraph(c)of this section,
the auditor shall complete the applicable sections of the form. The auditor shall sign a statement to be
included as part of the data collection form that indicates, at a minimum,the source of the
information included in the form, the auditor's responsibility for the information,that the form is not
a substitute for the reporting package described in paragraph(c)of this section, and that the content
of the form is limited to the data elements prescribed by OMB.
(c)Reporting package. The reporting package shall include the:
(1)Financial statements and schedule of expenditures of Federal awards discussed in§_.310(a)
and§_.310(b),respectively;
(2) Summary schedule of prior audit findings discussed in §_.315(b);
(3)Auditor's report(s)discussed in § .505; and
(4) Corrective action plan discussed in § .315(c).
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• (d) Submission to clearinghouse. All auditees shall submit to the Federal clearinghouse designated
by OMB the data collection form described in paragraph(b)of this section and one copy of the
reporting package described in paragraph(c)of this section for:
(1)The Federal clearinghouse to retain as an archival copy; and
(2) Each Federal awarding agency when the schedule of findings and questioned costs disclosed audit
findings relating to Federal awards that the Federal awarding agency provided directly or the
summary schedule of prior audit findings reported the status of any audit findings relating to Federal
awards that the Federal awarding agency provided directly.
(e)Additional submission by subrecipients. (1)In addition to the requirements discussed in
paragraph(d)of this section, auditees that are also subrecipients shall submit to each pass-through
entity one copy of the reporting package described in paragraph(c)of this section for each pass-
through entity when the schedule of findings and questioned costs disclosed audit findings relating to
Federal awards that the pass-through entity provided or the summary schedule of prior audit findings
reported the status of any audit findings relating to Federal awards that the pass-through entity
provided.
(2) Instead of submitting the reporting package to a pass-through entity,when a subrecipient is not
required to submit a reporting package to a pass-through entity pursuant to paragraph (e)(1)of this
section, the subrecipient shall provide written notification to the pass-through entity that: an audit of
the subrecipient was conducted in accordance with this part(including the period covered by the audit
and the name, amount,and CFDA number of the Federal award(s)provided by the pass-through
entity); the schedule of findings and questioned costs disclosed no audit findings relating to the
Federal award(s)that the pass-through entity provided; and, the summary schedule of prior audit
findings did not report on the status of any audit findings relating to the Federal award(s)that the
pass-through entity provided. A subrecipient may submit a copy of the reporting package described in
paragraph(c)of this section to a pass-through entity to comply with this notification requirement.
(f)Requests for report copies. In response to requests by a Federal agency or pass-through entity,
auditees shall submit the appropriate copies of the reporting package described in paragraph(c)of
this section and, if requested, a copy of any management letters issued by the auditor.
(g) Report retention requirements. Auditees shall keep one copy of the data collection form
described in paragraph(b)of this section and one copy of the reporting package described in
paragraph(c)of this section on file for three years from the date of submission to the Federal
clearinghouse designated by OMB. Pass-through entities shall keep subrecipients'submissions on file
for three years from date of receipt.
(h)Clearinghouse responsibilities. The Federal clearinghouse designated by OMB shall distribute
the reporting packages received in accordance with paragraph(d)(2) of this section and §_.235(c)
(3)to applicable Federal awarding agencies,maintain a data base of completed audits,provide
appropriate information to Federal agencies, and follow up with known auditees which have not
submitted the required data collection forms and reporting packages.
(i)Clearinghouse address. The address of the Federal clearinghouse currently designated by OMB is
Federal Audit Clearinghouse,Bureau of the Census, 1201 E. 10th Street, Jeffersonville,IN 47132.
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(j)Electronic filing. Nothing in this part shall preclude electronic submissions to the Federal
clearinghouse in such manner as may be approved by OMB. With OMB approval, the Federal
clearinghouse may pilot test methods of electronic submissions.
Subpart D—Federal Agencies and Pass-Through Entities
§ .400 Responsibilities.
(a) Cognizant agency for audit responsibilities. Recipients expending more than$25 million a year
in Federal awards shall have a cognizant agency for audit. The designated cognizant agency for audit
shall be the Federal awarding agency that provides the predominant amount of direct funding to a
recipient unless OMB makes a specific cognizant'agency for audit assignment. To provide for
continuity of cognizance,the determination of the predominant amount of direct funding shall be
based upon direct Federal awards expended in the recipient's fiscal years ending in 1995, 2000, 2005,
and every fifth year thereafter. For example, audit cognizance for periods ending in 1997 through
2000 will be determined based on Federal awards expended in 1.995. (However, for States and local
governments that expend more than$25 million a year in Federal awards and have previously
assigned cognizant agencies for audit,the requirements of this paragraph are not effective until fiscal
years beginning after June 30, 2000.)Notwithstanding the manner in which audit cognizance is
determined,a Federal awarding agency with cognizance for an auditee may reassign cognizance to
another Federal awarding agency which provides substantial direct funding and agrees to be the
cognizant agency for audit.Within 30 days after any reassignment,both the old and the new
cognizant agency for audit shall notify the auditee, and, if known,the auditor of the reassignment.
The cognizant agency for audit shall:
(1)Provide technical audit advice and liaison to auditees and auditors.
(2) Consider auditee requests for extensions to the report submission due date required by§ .320
(a). The cognizant agency for audit may grant extensions for good cause.
(3) Obtain or conduct quality control reviews of selected audits made by non-Federal auditors, and
provide the results, when appropriate,to other interested organizations.
(4)Promptly inform other affected Federal agencies and appropriate Federal law enforcement
officials of any direct reporting by the auditee or its auditor of irregularities or illegal acts, as required
by GAGAS or laws and regulations.
(5) Advise the auditor and,where appropriate,the auditee of any deficiencies found in the audits
when the deficiencies require corrective action by the auditor. When advised of deficiencies,the
auditee shall work with the auditor to take corrective action. If corrective action is not taken,the
cognizant agency for audit shall notify the auditor,the auditee, and applicable Federal awarding
agencies and pass-through entities of the facts and make recommendations for follow-up action.
Major inadequacies or repetitive substandard performance by auditors shall be referred to appropriate
State licensing agencies and professional bodies for disciplinary action.
(6) Coordinate,to the extent practical, audits or reviews made by or for Federal agencies that are in
addition to the audits made pursuant to this part, so that the additional audits or reviews build upon
audits performed in accordance with this part.
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(7) Coordinate a management decision for audit findings that affect the Federal programs of more
than one agency.
(8) Coordinate the audit work and reporting responsibilities among auditors to achieve the most cost-
effective audit.
(9)For biennial audits permitted under§ .220, consider auditee requests to qualify as a low-risk
auditee under§_.530(0).
(b) Oversight agency for audit responsibilities. An auditee which does not have a designated
cognizant agency for audit will be under the general oversight of the Federal agency determined in
accordance with§ .105.The oversight agency for audit:
(1) Shall provide technical advice to auditees and auditors as requested.
(2)May assume all or some of the responsibilities normally performed by a cognizant agency for
audit.
(c)Federal awarding agency responsibilities. The Federal awarding agency shall perform the
following for the Federal awards it makes:
(1) Identify Federal awards made by informing each recipient of the CFDA title and number, award
name and number, award year, and if the award is for R&D. When some of this information is not
available, the Federal agency shall provide information necessary to clearly describe the Federal
award.
(2)Advise recipients of requirements imposed on them by Federal laws,regulations,and the
provisions of contracts or grant agreements.
(3)Ensure that audits are completed and reports are received in a timely manner.and in accordance
with the requirements of this part.
(4)Provide technical advice and counsel to auditees and auditors as requested.
(5)Issue a management decision on audit findings within six months after receipt of the audit report
and ensure that the recipient takes appropriate and timely corrective action.
(6)Assign a person responsible for providing annual updates of the compliance supplement to OMB.
(d)Pass-through entity responsibilities. A pass-through entity shall perform the following for the
Federal awards it makes:
(1)Identify Federal awards made by informing each subrecipient of CFDA title and number, award
name and number, award year, if the award is R&D, and name of Federal agency. When some of this
information is not available,the pass-through entity shall provide the best information available to
describe the Federal award.
(2)Advise subrecipients of requirements imposed on them by Federal laws, regulations, and the
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provisions of contracts or grant agreements as well as any supplemental requirements imposed by the
pass-through entity.
(3)Monitor the activities of subrecipients as necessary to ensure that Federal awards are used for
authorized purposes in compliance with laws,regulations, and the provisions of contracts or grant
agreements and that performance goals are achieved.
(4)Ensure that subrecipients expending$300,000 or more in Federal awards during the subrecipient's
fiscal year have met the audit requirements of this part for that fiscal year.
(5)Issue a management decision on audit findings within six months after receipt of the
subrecipient's audit report and ensure that the subrecipient takes appropriate and timely corrective
action.
(6)Consider whether subrecipient audits necessitate adjustment of the pass-through.entity's own
records.
(7)Require each subrecipient to permit the pass-through entity and auditors to have access to the
records and financial statements as necessary for the pass-through entity to comply with this part.
§ .405 Management decision.
(a)General. The management decision shall clearly state whether or not the audit finding is
sustained,the reasons for the decision, and the expected auditee action to repay disallowed costs,
make financial adjustments, or take other action. If the auditee has not completed corrective action, a
timetable for follow-up should be given. Prior to issuing the management decision, the Federal
agency or pass-through entity may request
additional information or documentation from the auditee, including a request for auditor assurance
related to the documentation,as a way of mitigating disallowed costs.The management decision
should describe any appeal process available to the auditee.
(b)Federal agency.As provided in§_.400(a)(7),the cognizant agency for audit shall be
responsible for coordinating a management decision for audit findings that affect the programs of
more than one Federal agency.As provided in§_.400(c)(5); a Federal awarding agency is
responsible for issuing a management decision for findings that relate to Federal awards it makes to
recipients. Alternate arrangements may be made on a case-by-case basis by agreement among the
Federal agencies concerned. -
(c) Pass-through entity. As provided in§_.400(d)(5),the pass-through entity shall be responsible
for making the management decision for audit findings that relate to Federal awards it makes to
subrecipients.
(d)Time requirements. The entity responsible for making the management decision shall do so
within six months of receipt of the audit report. Corrective action should be initiated within six
months after receipt of the audit report and proceed as rapidly as possible.
(e)Reference numbers. Management decisions shall include the reference numbers the auditor
assigned to each audit finding in accordance with§_.510(c). .
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OMB Circular No.A-133 Page 24 of 33
Subpart E—Auditors
§ .500 Scope of audit.
(a) General. The audit shall be conducted in accordance with GAGAS. The audit shall cover the
entire operations of the auditee; or, at the option of the auditee,such audit shall include a series of
audits that cover departments, agencies, and other organizational units which expended or otherwise
administered Federal awards during such fiscal year,provided that each such audit shall encompass
the financial statements and schedule of expenditures of Federal awards for each such department,
agency, and other organizational unit,which shall be considered to be a non-Federal entity. The
financial statements and schedule of expenditures of Federal awards shall be for the same fiscal year.
(b) Financial statements. The auditor shall determine whether the financial statements of the auditee
are presented fairly in all material respects in conformity with generally accepted accounting
principles. The auditor shall also determine whether the schedule of expenditures of Federal awards is
presented fairly in all material respects in relation to the auditee's financial statements taken as a
whole.
(c)Internal control. (1) In addition to the requirements of GAGAS, the auditor shall perform
procedures to obtain an understanding of internal control over Federal programs sufficient to plan the
audit to support a low assessed level of control risk for major programs.
(2)Except as provided in paragraph(c)(3)of this section,the auditor shall:
(i)Plan the testing of internal control over major programs to support a low assessed level of control
risk for the assertions relevant to the compliance requirements for each major program; and
•
(ii)Perform testing of internal control as planned in paragraph(c)(2)(i)of this section.
(3)When internal control over some or all of the compliance requirements for a major program are
likely to be ineffective in preventing or detecting noncompliance,the planning and performing of
testing described in paragraph(c)(2)of this section are not required for those compliance
requirements. However, the auditor shall report a reportable condition(including whether any such
condition is a material weakness)in accordance with§ .510, assess the related control risk at the
maximum, and consider whether additional compliance tests are required because of ineffective
internal control.
(d) Compliance. (1)In addition to the requirements of GAGAS,the auditor shall determine whether
the auditee has complied with laws,regulations, and the provisions of contracts or grant agreements
that may have a direct and material effect on each of its major programs.
(2)The principal compliance requirements applicable to most Federal programs and the compliance
requirements of the largest Federal programs are included in the compliance supplement.
(3)For the compliance requirements related to Federal programs contained in the compliance
supplement, an audit of these compliance requirements will meet the requirements of this part. Where
there have been changes to the compliance requirements and the changes are not reflected in the
compliance supplement, the auditor shall determine the current compliance requirements and modify
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' , OMB Circular No.A-133 Page 25 of 33
the audit procedures accordingly. For those Federal programs not covered in the compliance
supplement, the auditor should use the types of compliance requirements contained in the compliance
supplement as guidance for identifying the types of compliance requirements to test, and determine
the requirements governing the Federal program by reviewing the provisions of contracts and grant
agreements and the laws and regulations referred to in such contracts and grant agreements.
(4)The compliance testing shall include tests of transactions and such other auditing procedures
necessary to provide the auditor sufficient evidence to support an opinion on compliance.
(e)Audit follow-up. The auditor shall follow-up on prior audit findings,perform procedures to
assess the reasonableness of the summary schedule of prior audit findings prepared by the auditee in
accordance with§_.315(b), and report, as a current year audit finding,when the auditor concludes
that the summary schedule of prior audit findings materially misrepresents the status of any prior
audit finding. The auditor shall perform audit follow-up procedures regardless of whether a prior
audit finding relates to a major program in the current year.
(f)Data Collection Form.As required in§_.320(b)(3),the auditor shall complete and sign
specified sections of the data collection form.
§_.505 Audit reporting.
•
The auditor's report(s)may be in the form of either combined or separate reports and may be
organized differently from the manner presented in this section. The auditor's report(s)shall state that
the audit was conducted in accordance with this part and include the following:
(a)An opinion(or disclaimer of opinion)as to whether the financial statements are presented fairly in
all material respects in conformity with generally accepted accounting principles and an opinion(or
disclaimer of opinion) as to whether the schedule of expenditures of Federal awards is presented
fairly in all material respects in relation to the financial statements taken as a whole.
(b)A report on internal control related to the financial statements and major programs. This report
shall describe the scope of testing of internal control and the results of the tests, and,where
applicable, refer to the separate schedule of findings and questioned costs described in paragraph(d)
of this section.
(c)A report on compliance with laws,regulations, and the provisions of contracts or grant
agreements,noncompliance with which could have a material effect on the financial statements: This
report shall also include an opinion(or disclaimer of opinion) as to whether the auditee complied
with laws,regulations, and the provisions of contracts or grant agreements which could have a direct
and material effect on each major program, and,where applicable,refer to the separate schedule of
findings and questioned costs described in paragraph(d)of this section.
(d)A schedule of findings'and questioned costs which shall include the following three components:
(1)A summary of the auditor's results which shall include:
(i)The type of report the auditor issued on the financial statements of the auditee(i.e.,unqualified
opinion, qualified opinion, adverse opinion, or disclaimer of opinion);
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OMB Circular No. A-133 Page 26 of 33
(ii)Where applicable, a statement that reportable conditions in internal control were disclosed by the
audit of the financial statements and whether any such conditions were material weaknesses;
(iii)A statement as to whether the audit disclosed any noncompliance which is material to the
financial statements of the auditee;
(iv)Where applicable,a statement that reportable conditions in internal control over major programs
were disclosed by the audit and whether any such conditions were material.weaknesses;
(v)The type of report the auditor issued on compliance for major programs(i.e., unqualified=opinion,
qualified opinion, adverse opinion,or disclaimer of opinion);
(vi) A statement as to whether the audit disclosed any audit findings which the auditor is required to
report under§ .510(a);
(vii)An identification of major programs;
(viii)The dollar threshold used to distinguish between Type A and Type B programs, as described in
§_.520(b); and
•
(ix) A statement as to whether the auditee qualified as a low-risk auditee under§_.530.
(2)Findings relating to the financial statements which are required to be reported in:accordance with
GAGAS.
(3)Findings and questioned costs for Federal awards which shall:include audit findings as defined in
§_.510(a).
(i)Audit findings(e.g.,internal control findings, compliance findings,questioned costs,or fraud).
which relate to the same issue should be presented as a single audit finding. Where practical, audit
findings should be organized by Federal agency or pass-through entity.
(ii)Audit findings which relate to both the financial statements and Federal awards,as reported under
paragraphs(d)(2) and(d)(3)of this section,respectively, should be reported in both sections of the
schedule. However, the reporting in one section of the schedule may be in summary form with a
reference to a detailed reporting in the other section of the schedule.
§_.510 Audit findings.
(a)Audit findings reported. The auditor shall report the following as audit findings in a schedule of
findings and questioned costs:
(1)Reportable conditions in internal control over major programs, The auditor's determination of
whether a deficiency in internal control is a reportable condition for the purpose of reporting an audit
finding is in relation to a type of compliance requirement for a major program or an audit objective
identified in the compliance supplement. The auditor shall identify reportable conditions which are
individually or cumulatively material weaknesses.
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. OMB Circular No. A-133 Page 27 of 33
(2)Material noncompliance with the provisions of laws,regulations,contracts, or grant agreements
related to a major program. The auditor's determination of whether a noncompliance with the
provisions of laws,regulations, contracts, or grant agreements is material for the purpose of reporting
an audit finding is in relation to a type of compliance requirement for a major program or an audit
objective identified in the compliance supplement.
(3)Known questioned costs which are greater than$10,000 for a type of compliance requirement for
a major program. Known questioned costs are those specifically identified by the auditor. In
evaluating the effect of questioned costs on the opinion on compliance, the auditor considers the best
estimate of total costs questioned(likely questioned costs),not just the questioned costs specifically
identified(known questioned costs). The auditor shall also report known questioned costs when
likely questioned costs are greater than$10,000 for a type of compliance requirement for a major
program. In reporting questioned costs,the auditor shall include information to provide proper
perspective for judging the prevalence and consequences of the questioned costs.
(4)Known questioned costs which are greater than$10,000 for a Federal program which is not
audited as a major program. Except for audit follow-up,the auditor is not required under this part to
perform audit procedures for such a Federal program; therefore, the auditor will normally not find
questioned costs for a program which is not audited as a major program. However, if the auditor does
become aware of questioned costs for a Federal program which is not audited as a major program
(e.g.,as part of audit follow-up or other audit procedures) and the known questioned costs are greater
than$10,000,then the auditor shall report this as an audit finding.
(5)The circumstances concerning why the auditor's report on compliance for major programs is other
than an unqualified opinion, unless such circumstances are otherwise reported as audit findings in the
schedule of findings and questioned costs for Federal awards.
(6)Known fraud affecting a Federal award,unless such fraud is otherwise reported as an audit
finding in the schedule of findings and questioned costs for Federal awards. This paragraph does not
require the auditor to make an additional reporting when the auditor confirms that the fraud was
reported outside of the auditor's reports under the direct reporting requirements of GAGAS.
(7)Instances where the results of audit follow-up procedures disclosed that the summary schedule of
prior audit findings prepared by the auditee in accordance with§ .315 b materially misrepresents
the status of any prior audit finding.
(b)Audit finding detail. Audit findings shall be presented in sufficient detail for the auditee to
prepare a corrective action plan and take corrective action and for Federal agencies and pass-through
entities to arrive at a management decision. The following specific information shall be included, as
applicable,in audit findings:
(1)Federal program and specific Federal award identification including the CFDA title and number,
Federal award number and year, name of Federal agency, and name of the applicable pass-through
entity. When information, such as the CFDA title and number or Federal award number, is not
available, the auditor shall provide the best information available to describe the Federal award.
(2)The criteria or specific requirement upon which the audit finding is based, including statutory,
regulatory, or other citation.
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OMB Circular No.A-133 Page 28 of 33
•
(3)The condition found, including facts that support the deficiency identified in the audit finding.
(4)Identification of questioned costs and how they were computed.
(5)Information to provide proper perspective for judging the prevalence and consequences of the
audit findings, such as whether the audit findings represent an isolated instance or a systemic
problem. Where appropriate,instances identified shall be related to the universe and the number of
cases examined and be quantified in terms of dollar value.
(6)The possible asserted effect to provide sufficient information to the auditee and Federal agency,or
pass-through entity in the case of a subrecipient,to permit them to determine the cause and effect to
facilitate prompt and proper corrective action.
(7)Recommendations to prevent future,occurrences of the deficiency identified in the audit finding.
(8)Views of responsible officials of the auditee when there is disagreement with the audit findings,to
the extent practical.
(c)Reference numbers. Each audit finding in the schedule of findings and questioned costs shall
include a reference number to allow for easy referencing of the audit findings during follow-up.
§ .515 Audit working papers.
(a)Retention of working papers. The auditor shall retain working papers and reports for a minimum
of three years after the date of issuance of the auditor's report(s)to the auditee,unless the auditor is
notified in writing by the cognizant agency for audit, oversight agency for audit,or pass-through
entity to extend the retention period. When the auditor is aware that the.Federal awarding agency,
pass-through entity,or auditee is contesting an audit finding, the auditor shall contact the parties
contesting the audit finding for guidance prior to destruction of the working papers and reports.
(b)Access to working papers. Audit working papers shall be made available upon request to the
cognizant or oversight agency for audit or its designee, a Federal agency providing direct or indirect
funding,or GAO at the completion of the audit,as part of a quality review, to resolve audit findings,
or to carry out oversight responsibilities consistent with the purposes of this part. Access to working
papers includes the right of Federal agencies to obtain copies of working papers,as is reasonable and
necessary.
§ .520 Major program determination.
(a)General. The auditor shall use a risk-based approach to determine.which Federal programs are
major programs. This risk-based approach shall include consideration of: Current and prior audit
experience, oversight by Federal agencies and pass-through entities, and the inherent risk of the
Federal program. The process in paragraphs(b)through(i)of this section shall be followed.
(b)Step 1. (1) The auditor shall identify the larger Federal programs,whic
h p �' shall be labeled Type A
ro ams. Type programs are defined� yp A p gr as Federal programs with Federal awards expended during
the audit period exceeding the larger of:
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OMB Circular No.A-133 Page 29 of 33
(i)$300,000 or three percent(.03)of total Federal awards expended in the case of an auditee for
which total Federal awards expended equal or exceed$300,000 but are less than or equal to $100
million. s_
(ii)$3 million or three-tenths of one percent(.003)of total Federal awards expended in the case of an
auditee for which total Federal awards expended exceed$100 million but are less than or equal to
$10 billion.
(iii)$30 million or 15 hundredths of one percent(.0015) of total Federal awards expended in the case
of an auditee for which total Federal awards expended exceed$10 billion.
(2)Federal programs not labeled Type A under paragraph(b)(1)of this section shall be labeled Type
B programs.
(3)The inclusion of large loan and loan guarantees(loans) should not result in the exclusion of other
programs as Type A programs. When a Federal program providing loans significantly affects the
number or size of Type A programs,the auditor shall consider this Federal program as a Type A
program and exclude its values in determining other Type A programs.
(4)For biennial audits permitted under§ .220,the determination of Type A and Type B programs
shall be based upon the Federal awards expended during the two-year period.
(c)Step 2. (1)The auditor shall identify Type A programs which are low-risk. For a Type A program
to be considered low-risk, it shall have been audited as a major program in at least one of the two
most recent audit periods(in the most recent audit period in the case of a biennial audit),and,in the
most recent audit period, it shall have had no audit findings under§_.510(a). However, the auditor
may use judgment and consider that audit findings from questioned costs under§_.510(a)(3) and
§.__.510(a)(4),fraud under§_.510(a)(6), and audit follow-up for the summary schedule of prior
audit findings under§ .510(a)(7)do not preclude the Type A program from being low-risk. The
auditor shall consider: the criteria in§ .525(c), §_.525(d)(1), §_.525(d)(2), and§ .525(d)
(3); the results of audit follow-up; whether any changes in personnel or systems affecting a Type A
program have significantly increased risk;and apply professional judgment in determining whether a
Type A program is low-risk.
(2)Notwithstanding paragraph(c)(1)of this section, OMB may approve a Federal awarding agency's
request that a Type A program at certain recipients may not be considered low-risk. For example,it
may be necessary for a large Type A program to be audited as major each year at particular recipients
to allow the Federal agency to comply with the Government Management Reform Act of 1994 (31
U.S.C. 3515). The Federal agency shall notify the recipient and,.if known, the auditor at least 180
days prior to the end of the fiscal year to be audited of OMB's approval.
(d) Step 3. (1)The auditor shall identify Type B programs which are high-risk using professional
judgment and the criteria in§ .525. However, should the auditor.select Option 2 under Step 4
(paragraph(e)(2)(i)(B)of this section),the auditor is not required to identify more high-risk Type B
programs than the number of low-risk Type A programs. Except for known reportable conditions in
internal control or compliance problems as discussed in§_.525(b)(1), §_.525(b)(2),and
§_.525(c)(1),a single criteria in§ .525 would seldom cause a Type B program to be considered
high-risk.
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� 1 °,
OMB Circular No.A-133 .Page 30 of 33 '
(2)The auditor is not expected to perform risk assessments on relatively small Federal programs.
Therefore, the auditor is only required to perform risk assessments on Type B programs that exceed
the larger of:
(i) $100,000 or three-tenths of one percent(.003) of total Federal awards expended when the auditee
has less than or equal to $100 million in total Federal awards expended.
(ii) $300,000 or three-hundredths of one percent(.0003)of total Federal awards expended when the
auditee has more than $100 million in total Federal awards expended.
(e) Step 4. At a minimum,the auditor shall audit all of the following as major programs:
(1)All Type A programs,except the auditor may exclude any Type A programs identified as low-risk
under Step 2 (paragraph(c)(1)of this section).
(2)(i)High-risk Type B programs as identified under either of the following two options:
(A)Option 1. At least one half of the Type B programs identified as high-risk under Step 3
(paragraph(d) of this section), except this paragraph(e)(2)(i)(A)does not require the auditor to audit
more high-risk Type B programs than the number of low-risk Type A programs identified as low-risk
under Step 2.
(B) Option 2. One high-risk Type B program for each Type A program identified as low-risk under
Step 2.
(ii)When identifying which high-risk Type B programs to audit as major under either Option 1 or 2
in paragraph(e)(2)(i)(A)or(B),the auditor is encouraged to use an approach which provides an
opportunity for different high-risk Type B programs to be audited as major over a period of time.
(3) Such additional programs as may be necessary to comply with the percentage of coverage rule
discussed in paragraph(f,of this section. This paragraph(e)(3)may require the auditor to audit more
programs as major than the number of Type A programs.
(f)Percentage of coverage rule. The auditor shall audit as major programs Federal programs with
Federal awards expended that,in the aggregate, encompass at least 50 percent of total Federal awards
expended. If the auditee meets the criteria in§ .530 for a low-risk auditee,the auditor need only
audit as major programs Federal programs with Federal awards expended that, in the aggregate,
encompass at least 25 percent of total Federal awards expended.
(g)Documentation of risk. The auditor shall document in the working papers the risk analysis
process used in determining major programs.
(h)Auditor's judgment. When the major program determination was performed and documented in
accordance with this part, the auditor's judgment in applying the risk-based approach to determine
major programs shall be presumed correct. Challenges by Federal agencies and pass-through entities
shall only be for clearly improper use of the guidance in this part. However,Federal agencies and
pass-through entities may provide auditors guidance about the risk of a particular Federal program
and the auditor shall consider this guidance in determining major programs in audits not yet
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OMB Circular No. A-133 Page 31 of 33
completed.
(i)Deviation from use of risk criteria.For first-year audits,the auditor may elect to determine
major programs as all Type A programs plus any Type B programs as necessary to meet the
percentage of coverage rule discussed in paragraph(f) of this section. Under this option,the auditor
would not be required to perform the procedures discussed in paragraphs(c), (d),and(e) of this
section.
(1)A first-year audit is the first year the entity is audited under this part or the first year of a change
of auditors.
(2)To ensure that a frequent change of auditors would not preclude audit of high-risk Type B
programs,this election for first-year audits may not be used by an auditee more than once in every
three years. .
•
§_.525 Criteria for Federal program risk.
(a)General. The auditor's determination should be based on an overall evaluation of the risk of
noncompliance occurring which could be material to the Federal program. The auditor shall use
auditor judgment and consider criteria, such as described in paragraphs(b), (c), and(d)of this
section, to identify risk in Federal programs. Also,as part of the risk analysis, the auditor may wish to
discuss a particular Federal program with auditee management and the Federal agency or pass-
through entity.
(b)Current and prior audit experience. (1)Weaknesses in internal control over Federal programs •
would indicate higher risk. Consideration should be given to the control environment over Federal
programs and such factors as the expectation of management's adherence to applicable laws and
regulations and the provisions of contracts and grant agreements and the competence and experience
of personnel who administer the Federal programs.
•
(i)A Federal program administered under multiple internal control structures may have higher risk.
When assessing risk in a large single audit,the auditor shall consider whether weaknesses are isolated
in a single operating unit(e.g.,one college campus)or pervasive throughout the entity.
(ii)When significant parts of a Federal program are passed through to subrecipients, a weak system
for monitoring subrecipients would indicate higher risk.
(iii)The extent to which computer processing is used to administer Federal programs,as well as the
complexity of that processing, should be considered by the auditor in assessing risk.New and
recently modified computer systems may also indicate risk.
(2)Prior audit findings would indicate higher risk,particularly when the situations identified in the
audit findings could have a significant impact on a Federal program or have not been corrected.
(3)Federal programs not recently audited as major programs may be of higher risk than Federal
programs recently audited as major programs without audit findings.
(c)Oversight exercised by Federal agencies and pass-through entities. (1)Oversight exercised by
Federal agencies or pass-through entities could indicate risk. For example,recent monitoring or other
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OMB Circular No. A-133 Page 32 of 33
reviews performed by an oversight entity which disclosed no significant problems would indicate
lower risk. However,monitoring which disclosed significant problems would indicate higher risk.
(2)Federal agencies,with the concurrence of OMB,may identify Federal programs which are higher
risk. OMB plans to provide,this identification in the compliance supplement.
(d)Inherent risk of the Federal program. (1)The nature of a Federal program may in
dicate g p gr y risk.
Consideration should be given to the complexity of the program and the extent to which the Federal
program contracts for goods and services. For example,Federal programs that disburse funds through
third party contracts or have eligibility criteria may-be of higher risk.Federal programs primarily
involving staff payroll costs may have a high-risk for time and effort reporting,but otherwise be at
low-risk.
(2)The phase of a Federal program in its life cycle at the Federal agency may indicate risk.For
example, a new Federal program with new or interim regulations may have higher risk than an
established program with time-tested regulations. Also, significant changes.in Federal programs,
laws,regulations, or the provisions of contracts or grant agreements may increase risk.
(3)The phase of a Federal program in its life cycle at the auditee may indicate risk:For example,
during the first and last years that an auditee participates in a Federal program,the risk may be higher
due to start-up or closeout of program activities and staff.
(4)Type B programs with larger Federal awards expended would be of higher risk than programs
with substantially smaller Federal awards expended.
§ .530 Criteria for a.low-risk auditee.
An auditee which meets all of the following conditions for each of the preceding two years(or,in the
case of biennial audits,preceding two audit periods) shall qualify as a low-risk auditee and be eligible
for reduced audit coverage in accordance with§_.520:
(a) Single audits were performed on an annual basis in accordance with the provisions of this part.A
non-Federal entity that has biennial audits does not qualify as a low-risk auditee,unless agreed to in
advance by the cognizant or oversight agency for audit.
(b)The auditor's opinions on the financial statements and the schedule of expenditures of Federal
awards were unqualified. However,the cognizant or oversight agency for audit may judge that an
opinion qualification does not affect the management of Federal awards and provide a waiver.
(c)There were no deficiencies in internal control which were identified as material weaknesses under
the requirements of GAGAS. However,the cognizant or oversight agency for audit may judge that.
any identified material weaknesses do not affect the management of Federal awards and provide a
waiver.
(d)None of the Federal programs had audit findings from any of the following in either of the
preceding two years(or,in the case of biennial audits,preceding two audit periods)in which they
were classified as Type A programs:
(1)Internal control deficiencies which were identified as material weaknesses;
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(OMB Circular No. A-133 Page 33 of 33
(2)Noncompliance with the provisions of laws,regulations, contracts,or grant agreements which
have a material effect on the Type A program; or(3)Known or likely questioned costs that exceed
five percent of the total Federal awards expended for a Type A program during the year.
Appendix A to Part_-Data Collection Form(Form SF-SAC) it (56KB)
Appendix B to Part_-Circular A-133 Compliance Supplement
Note:Provisional OMB Circular A-133 Compliance Supplement is available from the Office of
Administration,Publications Office,room 2200,New Executive Office Building,Washington, DC
20503.
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• EXkiL,45 F—E
SECTION 3 CLAUSE
All Section 3 covered contracts shall include the following clause (referred to as the Section 3
. clause): •
A. The work to be performed under this contract is subject to the requirements of Section 3
of the lousing and Urban Development act of 1968, as amended, 12 U.S.C. 1701u
(Section 3). The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects covered by Section
3 shall, to the greatest extent feasible, be directed to low-and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR.part 135,
which implement Section 3. As evidenced by their execution of this contract; the parties
to this contract certify that they are under no contractual or other impediment that would
•
prevent them from complying with the part 135 regulations.
•C. The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any,
a notice advising the labor organization or workers' representative of the contractor's
commitments under this Section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and
employment positions can see the notice. The notice shall describe the Section 3
preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name and-
. location of the person(s) taking applications for each of the positions; and the anticipated
date the work shall begin. •
D. The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, an agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
contractor will not subcontract with any subcontractor where the contractor has notice or
knowledge that the subcontractor has been found in violation of the regulations-in 24
CFR part 135.
E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR part
135 require employment opportunities to be directed were not filled to circumvent the
contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default. and debarment or suspension frrom future HUD-
assisted contracts.
Effective August 1. 1994
•
•
G. With respect to work performed in connection with Section 3 covered Indian housing
assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act
• (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section
7(b) requires that to the greatest extent feasible (i) preference and opportunities for
training and employment shall be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian-owned
• Economic Enterprises. Parties to this contract that are subject to the•provisions of
Section 8 and Section 7(b) agree to comply with Section 3 to the maximum extent
feasible, but not in derogation of compliance with Section 7(b).
•
Providing Other Economic Opportunities.
( a) General In accordance with the findings of the Congress, as stated in Section 3,
that other economic opportunities offer an effective means of empowering low-
inconle persons, a recipient is encouraged to undertake efforts to provide to low-
income persons economic opportunities other than training, employment and
contract awards, in connection with Section•3 covered assistance.
( b ) Other training and employment-related opportunities. Other economic oppor-
tunities to train and employ
Section 3,� P Y residents include, but need not
of upward mobility",
"bridge" and trainee positions to fill vacancies; and hiring
Section 3 residents in part-time positions.
( c ) Other business-related economic opportunities: (1) A recipient or contractor.may
provide economic opportunities to establish, stabilize or expand Section 3 business
concerns, including micro-enterprises. Such opportunities include, but are not
limited to the formation of Section 3 joint ventures; financial support for affiliating
with franchise development, use of labor only contracts for building trades,
purchase of supplies an materials from housing authority resident-owned
businesses, purchase of materials and supplies from PHA resident-owned
businesses and use of procedures under 24 CFR part 963 regarding HA contracts to
HA resident-owned businesses. A recipient or contractor may employ these
methods directly or may provide incentives to non-Section 3 businesses to utilize
such methods to provide other economic opportunities to low-income persons. (2)
A Section 3 joint venture means an association of business concerns, one of which
qualifies as a Section 3 business concern, formed by written joint venture agreement
to engage in and cagy out a specific business venture for which purpose the
business concerns-combine their efforts, resources, and skills for joint profit, but not
necessarily on a continuing or permanent basis for conducting business generally,
and for which the Section 3 business concern:
) [s responsible for a clearly defined portion of the work to be performed and
holds management responsibilities in the joint venture; and
( a ) Performs at :east 25 percent of the work and is contractually entitled to
compensation proportionate to its work.
4—x , , " J� .
24 CFR 85.43 ENFORCEMEN
T
(a) Remedies for noncompliance. If a grantee or subgrantee materially fails
to comply with any term of an award, whether stated in a Federal statute
or regulation, an assurance, in a State plan or application, a notice of
award, or elsewhere, the awarding agency may take one or more of the
following actions, as appropriate in the circumstances:
(1) Temporarily withhold cash payments pending correction of the
deficiency by the grantee or subgrantee or more severe enforcement
action by the awarding agency,
(2) Disallow (that is, deny both use of funds and matching credit for)
all or part of the cost of the activity or action not in compliance,
(3) Wholly or partly suspend or terminate the current award for the
grantee 's or subgrantee's program,
(4) Withhold further awards for the program, or
(5) Take other remedies that may be legally available.
(b) Hearings , appeals. In taking an enforcement action, the awarding agency
will provide the grantee or subgrantee an opportunity for such hearing,
appeal, or other administrative proceeding to which the grantee or
subgrantee is entitled under any statute or regulation applicable to the
action involved.
(c) Effects of suspension and termination. Costs of grantee or subgrantee
resulting from obligations incurred by the grantee or subgrantee during a
suspension or after termination of an award are not allowable unless the
awarding agency expressly authorizes them in the notice of suspension or
termination or subsequently. Other grantee or subgrantee costs during
suspension or after termination which are necessary and not reasonably
avoidable are allowable if:
(1) The costs result from obligations which were properly incurred by
the grantee or subgrantee before the effective date of suspension
or termination, are not in anticipation of it, and, in the case of
a termination, are noncancellable, and,
(2) The costs would be allowable if the award were not suspended or
expired normally at the end of the funding period in which the
termination takes effect.
(d) Relationship to Debarment and Suspension. The enforcement remedies
identified in this section, including suspension and termination, do not
preclude grantee or subgrantee from being subject to "Debarment and
Suspension" under E.O. 12549 (see § 85.35).
24 CFR 85.44 TERMINATION FOR CONVENIENCE
Except as provided in § 85.43 awards may be terminated in whole or in part
only as follows:
(a) By the awarding agency with the consent of the grantee or subgrantee in
which case the two parties shall agree upon the termination conditions,
P
including the effective date and in the case of partial termination, the
portion to be terminated, or
(b) By the grantee or subgrantee upon written notification to the awarding
agency, setting forth the reasons for such termination, the effective
date, and in the case of partial termination, the portion to be
terminated. However, if, in the case of a partial termination, the
awarding agency determines that the remaining portion of the award will
not accomplish the purposes for which the award was made, the awarding
agency may terminate the award in its entirety under either § 85.43 or
paragraph (a) of this section.
•
9124u
OMB Circular A-122 http://www.whitehouse.gov/omb/circulars/a122/a122.htm1
EXHIBIT 7.
OFFICE OF MANAGEMENT AND BUDGET
Cost Principles for Non-Profit Organizations
AGENCY: Office of Management and Budget
ACTION:Final revision of OMB Circular A-122,"Cost Principles for Non-Profit Organizations"
SUMMARY: The Office of Management and Budget(OMB)revises OMB Circular A-122 by amending
the definition for equipment;requiring the breakout of indirect costs into two categories(facilities and
administration) for certain non-profit organizations;modifying the multiple allocation basis; and, clarifying
the treatment of certain cost items.
DATES:The revision is effective on June 1, 1998.
FOR FURTHER INFORMATION CONTACT:Federal agencies should contact Gilbert Tran, Office of
Federal Financial Management,Office of Management and Budget, (202)395-3993.Non-Federal
organizations should contact the organization's Federal cognizant agency.
SUPPLEMENTARY INFORMATION:
A. Background
On October 6, 1995;the Office of Management and Budget(OMB)issued a final revision to OMB
Circular A-122, "Cost Principles for Non-Profit Organizations,"in the Federal Register(60 FR 52516)
regarding interest allowability. The revision was made in a continuing effort to increase consistency across
OMB's cost principles circulars A-122,A-21, "Cost Principles for Educational Institutions," and A-87,
"Cost Principles for State,Local and Indian Tribal Governments."To further the goals of consistency,
OMB proposed on the same date(60 FR 52522)to revise the definition of equipment,to clarify the
treatment of certain types of costs,to modify the multiple allocation base method for computing indirect
cost rate(s), and to place an upper-limit on payments of administrative expenses for certain non-profit
organizations.
With this final revision, Circular A-122 consists of the Circular as issued in 1980(45 FR 46022; July 8,
1980), as amended in 1984(49 FR 18260;April 27, 1984),in 1987(52 FR 19788;May 27, 1987),in 1995
(60 FR 52516; October 6, 1995),in 1997(62 FR 45934;August 29, 1997), and in this notice. A
recompilation of the entire Circular A-122,with all its amendments,accompanies the notice and is
available in electronic form on the OMB Home Page at http://www.whitehouse.gov/OMB.
B. Current Revisions
Circular A-122 is revised in this notice to:
1. Amend the definition of equipment by increasing the capitalization threshold to the lesser amount used
for financial statement purposes or$5,000(see paragraph 15).
2. Require major non-profit organizations(those receiving more than$10 million in direct Federal funding)
to report indirect cost rates by two major component categories: facilities and administration(see paragraph
D,Attachment A).
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3. Modify the multiple allocation base method(MAB)to be consistent with OMB Circular A-21 (see
paragraph D.3).However,major non-profit organizations are not required to use the multiple allocation
base method. MAB remains one of the three available methodologies for computing indirect costs.
4. Clarify the treatment of the following cost items to provide consistency across OMB's cost principles
circulars (A-21 and A-8i)and the Federal Acquisition Regulations,where applicable:
• Alcoholic beverages
• Advertising and public relations costs
• Organization-furnished automobiles
• Defense and prosecution of criminal and.civil proceedings,claims, appeals and patent infringements
• Housing and living expenses
• Insurance
• Memberships
• Selling or marketing of goods and services
• Severance pay for foreign nationals
OMB is not implementing the proposed restrictions on trustees'travel,expenses at non-profit organizations.
In line with this decision, and to further consistency between cost circulars, OMB will be amending
Circular A-21 to allow trustees'travel expenses.
OMB defers considering an upper-limit on payment of administrative expenses until better data on indirect
costs at non-profit organizations are collected.
C. Comments and Responses
OMB received about 185 comments from non-profit organizations,Federal agencies,professional
organizations and accounting firms. A summary of comments and OMB's responses are included in this
notice. Several comments resulted in modifications to OMB's original proposal.
The comments and OMB's responses are summarized by section as follow.
Equipment Definition
Comment: Clarification is needed on the treatment of depreciation of those assets which had costs between
the old$500 threshold and the new$5,000.
Response: In order to clarify the accounting for the undepreciated portion of any equipment costs as a
result of a change in capitalization levels,paragraph 15 has been added to explain that the undepreciated
amount may be recovered by continuing to claim otherwise allowable use allowances or depreciation on
the equipment, or by amortizing the amount to be written off over a period of years as negotiated with the
Federal cognizant agency.
Comment: Clarification is needed on whether equipment under the$5,000 threshold, as established by the
non-profit organizations'policy,requires Federal approval prior to acquisition.
Response: Equipment under the$5,000 threshold, as established by the non-profit organization's policy,
can be directly charged to sponsored agreements(subparagraph 15.b)without prior Federal approval.
Comment: Current subparagraph 13.b requires prior approval for special purpose equipment,as direct
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costs,with a unit cost of$1,000 or more. This requirement is not consistent with the higher threshold of
$5,000 allowed in the proposed revision. This requirement should be revised to be consistent with the
proposed revision.
Response: OMB agrees. The Circular is revised to require prior Federal approval only for special purpose
equipment with a unit cost of$5,000 or more.
Unallowable Cost Items
These ten revised cost items are already unallowable under OMB Circulars A-21, "Cost Principles for
Educational Institutions," and A-87, "Cost Principles for State, Local and Indian Tribal Governments,"
and/or the Federal Acquisition Regulations. OMB addressed the issue of trustees'travel in response to the
comments received. For the other items, consistency across Federal cost regulations was a more significant
issue than most of the commenters'concerns. Comments related to specific cost items are presented below,
followed by OMB's responses.
Advertising and Public Relations Costs
Comment: Current paragraph 37,Public information service costs, should be combined with the
"Advertising"paragraph to be consistent with other OMB cost principles in Circulars A-21 and A-87.
Response: The commenter is correct. The treatment of public information service costs is now addressed in
revised paragraph 1, Advertising and public relations costs. Current paragraph 37 is deleted.
Comment: Clarify the types of activities that are allowable as public relations costs. Public relations costs
to carry out certain functions,such as legitimate program outreach,that are required under sponsored
programs and contracts should be allowable.
Response: The Circular is revised to clarify that certain public relations costs for the purpose of
communicating specific activities related to the sponsored programs to the public or the press are allowable
costs. When they are necessary for program outreach effort as required by sponsored programs,public
relations costs are allowable. Costs of advertising and public relations incurred solely to promote the
organization are unallowable.
Comment: Clarify whether advertising media costs such as radio and television are allowable.
Response: As long as the public relations costs are specifically required by the sponsored programs or are
related.to the promotion of sponsored programs,any reasonable advertising media, including magazines,
newspapers,radio,television,direct mail, exhibits, and the like,can be used and its costs are allowable.
See paragraph l.a.
Comment: Community relation costs should be allowable as part of program outreach effort for Federal
sponsored programs.
Response: Community relations are defined in subparagraph 1.b as "those activities dedicated to maintain
the image of the organization or promoting understanding and favorable relations with the community or
public at large or any segment of the public." Costs related to community relations are allowable when the
costs are required or necessary to the performance of the sponsored programs.
Organization-furnished automobiles for personal use
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•
•
OMB Circular A-I22 http://www.whitehouse.gov/omb/circulars/a122/a122.11un1
Comment: For security and economic reasons,non-profit organizations often furnish automobiles and
housing for its personnel working on Federal projects(e.g., overseas projects sponsored by the U.S.
Agency for International Development or the U.S. State Department). These costs should be allowable as
direct costs.
Response: The Circular is revised to allow these costs when they are necessary to perform the Federal
projects,particularly the overseas sponsored projects with prior approval by the Federal awarding agency.
These costs are allowable only as direct costs to the Federal projects, and not as fringe benefit or indirect
costs.
Comment: The Circular should specify which types of automobiles are allowable or unallowable(e.g., cars,
vans,trucks and buses).
Response: The types of automobiles are irrelevant for the purpose of determining the allowability of
automobile costs. Rather, the determinant factors should be whether the automobile costs are reasonable
and necessary for the performance of the Federal projects and authorized by the Federal awarding agency.
Defense and prosecution of criminal and civil proceedings, claims, appeals and patent infringements
Comment: Current paragraph 35.d,Professional service costs, should be combined with new paragraph 10.
Response: OMB agrees. Current paragraph 35.d is deleted. Professional service costs related to defense of
antitrust suits,prosecution of claims against the Federal Government and patent infringement litigation are
discussed in new paragraph 10. Professional service costs incurred for organization and reorganization are
discussed in paragraph 31,Organization costs.
Comment: Clarification is needed as to when legal costs related to claims, appeals or proceeding become
unallowable. Commenters noted that Federal agencies are inconsistent in the determination of the
allowability of legal costs as one agency would allow legal costs up to the point where the case goes out of
the Federal agency appeal process and to the courts,whereas other agencies would only allow legal costs
through the first phase of appeals within the Federal agency.
Response: The policy makes unallowable legal and related costs for either defending against claims made
by the Federal Government or prosecuting claims against the Government. As such,once a final
management decision letter is issued by the agency(for example, a disallowance letter), all legal and
related costs are unallowable from that point forward.Unallowable costs would include claims and
defenses pursued through agencies' formal appeal procedures such as administrative law judges and agency
appeal boards. Note that legal and related costs may be allowable if the non-profit organization's position is
sustained by the administrative appeal process or an agreement is reached between the organization and the
Federal Government(see subparagraghs 10.b, 10.c, 10.d and 10.e). This revision is consistent with the
language contained in OMB Circular A-21, "Cost Principles for Educational Institutions."
Comment: Some commenters objected to the proposed 80 percent limitation on reimbursement when the
institution is found innocent.
Response: The proposed revision was retained because it provides consistency with procurement contracts.
This Iimitation is based on the statutory language of Public Law 100-700, Major Fraud Act of 1988,
November 19, 1988 (41 U.S.C., 256(k)(5)), which only allows recovery of 80 percent of the legal costs.
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Comment: Legal expenses to defend against lawsuits brought by a foreign govemment for violation of that
country's law should be allowable.
Response: The Circular is revised in subparagraph 10.d to authorize Federal agencies to allow legal
expenses to defend against lawsuits brought by a foreign government for violation of its law when such
• costs were necessary or were direct results of the performance of Federal sponsored programs. The same
authorizations apply for legal costs for defense against lawsuits brought by state or local governments.
Comment: Legal fees to defend against lawsuits filed by former employees for termination or by
subrecipients should be allowable.
Response: Legal fees incurred in defense of lawsuits not brought by a Federal, State, local or foreign
government, except when the suits are brought by former employees under Section 2 of the Major Fraud
Act of 1988 (Pub. L. 100-700),are allowable.
Housing and living expenses
Comment: For security and economic reasons,non-profit organizations often furnish automobiles and
housing for its personnel working on overseas Federal projects(e.g.,overseas projects sponsored by the
U.S.Agency for International Development). These costs should be allowable as direct costs.
Response: As previously noted(in the discussion of automobiles),the Circular is revised to allow these
costs when they are necessary to perform the.Federal projects and when they are approved by the Federal
awarding agency.These costs are allowable only as direct costs to the Federal projects, and not as fringe
benefit or indirect costs.
Insurance
Comment: General and casualty liability insurance costs for organization's directors and administrators
should be allowable.
Response: General and casualty liability insurance costs for organization's directors and administrators are
allowable, subject to limitations, as described in subparagraph 22.a.(2). New subparagraph 22.a. 2 .f
O ,
Insurance against defects,prohibits the reimbursement of costs against Federally sponsored awards for
product(or services) liability insurance costs.
Comment: Medical liability insurance costs for participants in Federal training programs should be
allowable.
•
Response: Medical liability insurance costs associated with participants in Federal training programs are
allowable to Federal programs as direct costs.
Comment: Malpractice insurance costs for physicians should be direct charged to Federal programs while
malpractice insurance costs for nurses or laboratory assistants,which are immaterial in most cases, should
be charged as indirect costs.
Response: Subparagraph B.2 of Attachment A provides that when a direct cost is of minor amounts,it may
be treated as an indirect cost for reasons of practicality and efficiency,provided that the accounting
treatment for such cost is consistently applied to all final cost objectives. Therefore,when malpractice
insurance costs for nurses or lab technicians are immaterialin relation to its effect on the overall indirect
•
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cost rates of the organization, they may be treated as indirect costs.
Memberships
Comment: Membership costs in civic and community organizations should be allowable.
Response: Membership costs are allowable for business and professional organizations. The Circular is
further revised to allow membership costs in civic and community organizations when associations with
these organizations are essential to the performance of the Federal programs(as an outreach function).
These membership costs must be approved by the Federal cognizant agency.
Comment: Costs of membership in organizations that lobby should be unallowable.
Response: Paragraph 25 of the Circular disallows lobbying costs. Membership dues to lobbying
organizations are therefore unallowable. The unallowable portion of membership dues is determined by the
percentage of lobbying activities versus other allowable activities of the lobbying organization.
Selling or Marketing of Goods and Services
Comment: Clarification is needed for what types of activities are considered to be the selling or marketing
of goods and services.
Response: Selling or marketing of goods and services generally include an organization's efforts to market
the organization's products or services such as through advertising, organizational image enhancement,
market planning and direct selling. Direct selling efforts are those acts or actions used to induce particular
customers to purchase particular products or services of the organization. The allowability provisions for
advertising costs are described in paragraph 1.
Comment: The guidelines for selling or marketing of goods and services should be consistent with those in
FAR 31.205.38(c)(1).
Response: FAR 31.205.38(c)(1)allows direct selling costs at commercial contractors if they are reasonable
in amount. By contrast to the commercial contract context, direct selling costs are generally not considered
to be necessary costs for the performance of Federal sponsored programs by non-profit organizations.In
those cases where they are essential for certain Federal sponsored programs,these costs can be charged as
direct costs to the Federal sponsored programs if they are approved by the Federal awarding agency.
Comment: Given that the Bayh-Dole Act encouraged technology transfer, selling or marketing costs of
goods or services should be allowable costs. At the minimum,these costs should be allowable as direct
costs to the Federal projects.
Response: The Circular is revised to allow selling or marketing costs as direct costs to some Federal
sponsored programs when approved by the Federal awarding agency.
Severance Pay
Comment: Early retirement benefits should be allowable costs.
Response: Early retirement benefit costs are allowable costs, subject to limitations, and are discussed in
subparagraph 6.f, Fringe Benefits, along with other forms of fringe benefits. Paragraph 49, Severance Pay,
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deals only with severance policy,i.e., dismissal, and the reimbursement of its costs.
Comment: Guidelines for costs of severance pay to foreign nationals in excess of customary or prevailing
practices should be consistent with section 2151 of the Federal Acquisition Streamlining Act of 1994
(FASA).
Response: OMB agrees. The Circular is revised to be consistent with FASA guidelines for severance pay to
foreign nationals in excess of customary or prevailing practices. As a result,the Federal awarding agency
may allow these costs when they are necessary for the performance of the Federal sponsored programs.
Trustees' Travel
Comment: Several commenters opposed the proposal to disallow trustees'travel costs citing the difficulty
of retaining or obtaining members to serve voluntarily on the Board of Trustees(or Directors) of a
non-profit organization, if Board members have to pay for their own travel expenses to attend Board
meetings. The commenters added that since serving on a non-profit organization's Board is often not as
prestigious and desirable as serving on a University's Board(where trustees'travel costs are unallowable
under Circular A-21),non-reimbursement of the travel costs would inhibit the recruitment of Board
members.
Response: OMB concurs that disallowing the reimbursement of trustees'travel costs could inhibit the
recruitment of qualified Board members(particularly at smaller non-profit organizations),thereby
hampering the operations of a non-profit organization. OMB also recognizes that trustees'travel costs are
reasonable and necessary business costs. As a result,trustees'travel costs remain allowable.
Comment: Trustees'travel costs should be allowable if they are reasonable. Some suggested tests for
reasonableness of trustees'travel costs are: limit number of allowed trips per year, restriction of trips to
organization's principal place of business or reasonable surroundings, distinction between scheduled Board
meetings and emergency Board meetings, and disallowance of first-class airfare travels.
Response: All costs charged to Federal projects must satisfy a reasonableness test Although some of the
suggested reasonableness tests appear to be good,OMB does not believe it is necessary at this time to
impose specific restrictions on trustees'travel expenses. The reasonableness of a particular travel expense
remains at the judgement of Federal negotiators.
Comment: At Head Start organizations,some Trustee members are first sent for training in the operations
of a Head Start program. These travel costs related to training should be allowable.
Response: Travel costs related to training and education are allowable, subject to limitations, and are
addressed in paragraph 53 of the Circular,Training and education costs.
Comment: At Head Start organizations,there often are several advisory boards in addition to the Board of
Trustees(or Directors). These advisory boards are involved in day-to-day operations of the organizations
and often incur travel costs. Are these costs subject to the same restrictions as trustees'travel?
Response: Travel costs for members of advisory groups are allowable, subject to the limitations in
paragraph 55,Travel costs.
Multiple Allocation Basis (MAB)
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Comment: The multiple allocation method for calculating indirect costs rates is much more complicated
and burdensome than the simplified method and it will cost non-profit organizations much more to prepare
the indirect cost proposal. Several commenters recommended the flexibility of using one of the three
different allocation methods as they are currently described in the Circular. The multiple allocation basis
(MAB) should remain an optional allocation methodology rather than a required methodology for certain
organizations.
Response: The use of MAB for major non-profit organizations promotes consistency in the calculation and
the reporting of indirect costs. It would facilitate the accumulation of indirect cost data by cost components
(i.e., facilities and administration)and provide comparable rates between major research non-profit
organizations and universities. However, OMB recognizes that a conversion to MAB may require some
substantial changes in the organization's accounting system and that MAB is not practical for
single-function organizations. Therefore,the Circular continues to allow non-profit organizations to use
any of the current three allocation methodologies.
Comment: Several commenters suggested raising the threshold for the requirement to $25 million in direct
Federal funding. Several commenters also suggested an exemption from this requirement for
single-function organizations regardless of Federal funding levels.
Response: The Circular is revised to allow the use of the current three allocation methodologies for all
non-profit organizations.For organizations that receive more than$10 million in direct Federal funding, a
breakout of indirect costs into two components, facilities and administration,is required regardless of the
selected allocation methodology.
Comment: The allocation methodology for general administration under MAB on the basis of modified
total direct costs conflicts with the required methodology under Cost Accounting Standard(CAS)410
applicable to contracts using the salaries and wages basis. One commenter suggested that a-fully
CAS-covered non-profit organization be exempted from the MAB requirement.
Response: MAB is not a requirement for non-profit organizations and remains one of the three available
methodologies in the Circular for computing indirect costs. In addition, CAS-covered non-profit
organizations should continue to follow CAS with respect to the measurement, assignment and allocation
of costs.
Comment: The revision should clarify that the modified total direct cost base should only include the first
$25,000 of a subcontract regardless of the period during which the project is started(consistent with OMB
Circular A-21).
Response: The modified total direct cost base,described in subparagraph D.3.f of the Circular, includes the
first$25,000 of each subgrant or subcontract regardless of the period covered by the subgrant or
subcontract. Subgrant or subcontract costs above$25,000 shall be excluded from the modified total direct
cost base. For example, for a$300,000 subgrant that lasts three years, only the first$25,000 incurred on the
award should be included in the modified total direct cost base.
Administrative Cap of 26 percent
Comment: Most commenters strongly opposed the 26 percent administrative cap stating that such
limitation on cost reimbursement is arbitrary, capricious, and unnecessary. Some argued that a cap would
be financially disastrous to non-profit organizations because they receive most of their funding from
Federal sources(unlike universities). A detailed analysis is urged to determine the average administrative
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costs applicable to non-profit organizations,if an administrative cap is to be implemented at non-profit
organizations.
Response:Based on the comments against the implementation of an administrative cap at non-profit
organizations,OMB defers the consideration of establishing any administrative cap until better data on
indirect costs at non-profit organizations can be collected. If OMB believes that an administrative cap
should be implemented, it would be proposed in a subsequent notice.
Other
Comment:Attachment C of the Circular should be updated since a few listed organizations no longer exist.
Response: OMB agrees. Attachment C is updated to delete those organizations that no longer exist or are
no longer exempted from OMB Circular A-122. " "
Franklin D. Raines
Director
Attachments A,B and C of Circular A-122 are revised as follows:
A. Attachment A
1. Add subparagraph 3 to paragraph C ("Indirect Costs").
3. Indirect costs shall be classified within two broad categories: "Facilities" and"Administration."
"Facilities"is defined as depreciation and use allowances on buildings, equipment and capital
improvement, interest on debt associated with certain buildings,equipment and capital improvements, and
operations and maintenance expenses. "Administration"is defined as general administration and general
expenses such as the director's office, accounting,personnel, library expenses and all other types of
expenditures not listed specifically under one of the subcategories'of"Facilities" (including cross
allocations from other pools,where applicable). See indirect cost rate reporting requirements in
subparagraphs D.2.e and D.3.g.
2. Add subparagraph 2.e to paragraph D.
e.For an organization that receives more than$10 million in Federal funding of direct costs in a fiscal year,
a breakout of the indirect cost component into two broad categories,Facilities and Administration as
defined in subparagraph C.3,is required.The rate in each case shall be stated as the percentage which the
amount of the particular indirect cost category(i.e.,Facilities or Administration)is of the distribution base
identified with that category.
3. Replace subparagraph D.3 with the following:
3. Multiple allocation base method.
a. General. Where an organization's indirect costs benefit its major functions in varying degrees,indirect
costs shall be accumulated into separate cost groupings, as described in subparagraph b. Each grouping
shall then be allocated individually to benefitting functions by means of a which best measures the
relative benefits. The default allocation bases by cost pool are described in subparagraph c.
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b. Identification of indirect costs. Cost groupings shall be established so as to permit the allocation of each
grouping on the basis of benefits provided to the major functions. Each grouping shall constitute a pool of
expenses that are of like character in terms of functions they benefit and in terms of the allocation base
which best measures the relative benefits provided to each function. The groupings are classified within the.
two broad categories: "Facilities" and "Administration,"as described in subparagraph C.3. The indirect
cost pools are defined as follows: .
(1)Depreciation and use allowances. The expenses under this heading are the portion of the costs of the
organization's buildings, capital improvements to land and buildings, and equipment which are computed
in accordance with paragraph 11 of Attachment B ("Depreciation and use allowances").
(2)Interest. Interest on debt associated with certain buildings, equipment and capital improvements are
computed in accordance with paragraph 23 of Attachment B ("Interest, fund raising, and investment
management.costs").
(3)Operation and maintenance expenses. The expenses under this heading are those that have been
incurred for the administration, operation,maintenance,preservation, and protection of the organization's
physical plant. They include expenses normally incurred for such items as:janitorial and utility services;
repairs and ordinary or normal alterations of buildings, furniture and equipment; care of grounds;
maintenance and operation of buildings and other plant facilities; security; earthquake and disaster
preparedness; environmental safety; hazardous waste disposal;property, liability and other insurance
relating to property; space and capital leasing; facility planning and management; and,central receiving.
The operation and maintenance expenses category shall also include its allocable share of fringe benefit
costs,depreciation and use allowances,and interest costs.
(4)General administration and general expenses. The expenses under this heading are those that have been
incurred for the overall general executive and administrative offices of the organization and other expenses
of a general nature which do not relate solely to any major function of the organization. This category shall
also include its allocable share of fringe benefit costs, operation and maintenance expense, depreciation
and use allowances, and interest costs. Examples of this category include central offices, such as the
director's office, the office of finance,business services,budget and planning,personnel, safety and risk
management, general counsel,management information systems, and library costs.
In developing this cost pool;special care should be exercised to ensure that costs incurred for the same
purpose in like circumstances are treated consistently as either direct or indirect costs.For example,
salaries of technical staff,project supplies,project publication, telephone toll charges,computer costs,
travel costs, and specialized services costs shall be treated as direct costs wherever identifiable to a
particular program. The salaries and wages of administrative and pooled clerical staff should normally be
treated as indirect costs. Direct charging of these costs may be appropriate where a major project or activity
explicitly requires and budgets for administrative or clerical services and other individuals involved can be
identified with the program or activity. Items such as office supplies,postage, local telephone costs,
periodicals and memberships should normally be treated as indirect costs.
c. Allocation bases. Actual conditions shall be taken into account in selecting the base to be used in
allocating the expenses in each grouping to benefitting functions. The essential consideration in selecting a
method or a base is that it is the one best suited for assigning the pool of costs to cost objectives in
accordance with benefits derived; a traceable cause and effect relationship; or logic and reason, where
neither the cause nor the effect of the relationship is determinable. When an allocation can be made by
assignment of a cost grouping directly to the function benefited, the allocation shall be made in that
manner. When the expenses in a cost grouping are more general in nature, the allocation shall be made
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through the use of a selected base which produces results that are equitable to both the Federal Government
and the organization. The distribution shall be made in accordance with the bases described herein unless it
can be demonstrated that the use of a different base would result in a more equitable allocation of the costs,
or that a more readily available base would not increase the costs charged to sponsored awards. The results
of special cost studies (such as an engineering utility study) shall not be used to determine and allocate the
indirect costs to sponsored awards.
(1)Depreciation and use allowances. Depreciation and use allowances expenses shall be allocated in the
following manner:
(a)Depreciation or use allowances on buildings used exclusively in the conduct of a single function, and on
capital improvements and equipment used in such buildings, shall be assigned to that function.
(b)Depreciation or use allowances on buildings used for more than one function, and on capital
improvements and equipment used in such buildings, shall be allocated to the individual functions
performed in each building on the basis of usable square feet of space,excluding common areas,such as
hallways, stairwells, and restrooms.
(c)Depreciation or use allowances on buildings,capital improvements and equipment related space(e.g.,
individual rooms,and laboratories)used jointly by more than one function(as determined by the users of
the space) shall be treated as follows. The cost of each jointly used unit of space shall be allocated to the
benefitting functions on the basis of:
(i)the employees and other users on a full-time equivalent(FTE)basis or salaries and wages of those
individual functions benefitting from the use of that space; or
(ii)organization-wide employee FTEs or salaries and wages applicable to the benefitting functions of the
organization.
(d)Depreciation or use allowances on certain capital improvements to land, such as paved parking areas,
fences, sidewalks,and the like,not included in the cost of buildings, shall be allocated to user categories on
a FTE basis and distributed to major functions in proportion to the salaries and wages of all employees
applicable to the functions.
(2)Interest. Interest costs shall be allocated in the same manner as the depreciation or use allowances on
the buildings,equipment and capital equipments to which the interest relates.
(3)Operation and maintenance expenses. Operation and maintenance expenses shall be allocated in the
•
same manner as the depreciation and use allowances.
(4)General administration and general expenses. General administration and general expenses shall be
allocated to benefitting functions based on modified total direct costs(MTDC), as described in
subparagraph D.3.f. The expenses included in this category could be grouped first according to major
functions of the organization to which they render services or provide benefits.The aggregate expenses of
each group shall then be allocated to benefitting functions based on MTDC.
d. Order of distribution.
(1)Indirect cost categories consisting of depreciation and use allowances, interest,operation and
maintenance,and general administration and general expenses shall be allocated in that order to the
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remaining indirect cost categories as well as to the major functions of the organization. Other cost
categories could be allocated in the order determined to be most appropriate by the organization.When
cross allocation of costs is made as provided in subparagraph(2), this order of allocation does not apply.
(2)Normally, an indirect cost category will be considered closed once it has been allocated to other cost
objectives, and costs shall not be subsequently allocated to it. However, a cross allocation of costs between
two or more indirect costs categories could be used if such allocation will result in a more equitable
allocation of costs. If a cross allocation is used, ari appropriate modification to the composition of the
indirect cost categories is required.
e. Application of indirect cost rate or rates. Except where a special indirect cost rate(s)is required in
accordance with subparagraph D.5,the separate groupings of indirect costs allocated to each major
function shall be aggregated and treated as a common pool for that function. The costs in the common pool
shall then be distributed to individual awards included in that function by use of a single indirect cost rate.
f. Distribution basis. Indirect costs shall be distributed to applicable sponsored_awards and other benefitting
activities within each major function on the basis of MTDC. MTDC consists of all salaries and wages,
fringe benefits, materials and supplies, services, travel, and subgrants and subcontracts up to the first
$25,000 of each subgrant or subcontract(regardless of the period covered by the subgrant or subcontract).
Equipment, capital expenditures,charges for patient care,rental costs and the portion in excess of$25,000
shall be excluded from MTDC. Participant support costs shall generally be excluded from MTDC. Other
items may only be excluded when the Federal cost cognizant agency determines that an exclusion is
necessary to avoid a serious inequity in the distribution of indirect costs.
g. Individual Rate Components. An indirect cost rate shall be determined for each separate indirect cost
pool developed. The rate in each case shall be stated as the percentage which the amount of the particular
indirect cost pool is of the distribution base identified with that pool. Each indirect cost rate negotiation or
determination agreement shall include development of the rate for each indirect cost pool as well as the
overall indirect cost rate. The indirect cost pools shall be classified within two broad categories: "Facilities"
and"Administration," as described in subparagraph C.3.
B. Attachment B
Revise the following cost items in Attachment B to Circular A-122 ("Selected Items of Cost").
1. Revise the Table of Contents for Attachment B to read: •
1. Advertising and public relations costs
2. Alcoholic beverages
3. Bad debts
4. Bid and proposal costs(reserved)
5. Bonding costs
6. Communication costs
7. Compensation for personal services
8. Contingency provisions
9. Contributions
10. Defense and prosecution of criminal and civil proceedings, claims, appeals and patent infringement
11. Depreciation and use allowances
12. Donations
13. Employee morale, health, and welfare costs and credits
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14. Entertainment costs
15. Equipment and other capital expenditures •
16.Fines and penalties
17. Fringe benefits
18. Goods or services for personal use
19. Housing and personal living expenses
20. Idle facilities and idle capacity
21. Independent research and development (reserved)
22. Insurance and indemnification
23. Interest, fund raising, and investment management costs
24. Labor relations costs
25. Lobbying costs
26. Losses on other awards
27.Maintenance and repair costs
28.Materials and supplies
29. Meetings and conferences -.
30.Memberships, subscriptions, and professional activity costs
31. Organization costs
32. Overtime, extra-pay shift, and multi-shift premiums
33.Page charges in professional journals
34.Participant support costs
35. Patent costs
36. Pension plans
37.Plant security costs
38.Pre-award costs
39. Professional service costs
40.Profits and losses on disposition of depreciable property or other capital assets
41. Publication and printing costs •
42. Rearrangement and alteration costs
43. Reconversion costs
44.Recruiting costs
45.Relocation costs
46.Rental costs
47.Royalties and other costs for use of patents and copyrights
48. Selling and marketing
49. Severance pay
50. Specialized service facilities
51.Taxes
52.Termination costs •
53. Training and education costs
54.Transportation costs
55.Travel costs
56.Trustees
2. Revise and retitle paragraph 1 to read:
1. Advertising and public relations costs.
a. The term advertising costs means the costs of advertising media and corollary administrative costs.
Advertising media include magazines,newspapers, radio and television programs,direct mail,exhibits,
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and the like.
b. The term public relations includes community relations and means those activities dedicated to
maintaining the image of the organization or maintaining or promoting understanding and favorable
relations with the community or public at large or any segment of the public.
c. The only allowable advertising costs are those which are solely for:
(1) The recruitment of personnel required for the performance by the organization of obligations arising
under a sponsored award,when considered in conjunction with all other recruitment costs, as set forth in
paragraph 44 ("Recruiting costs");
(2) The procurement of goods and services for the performance of a sponsored award;
(3) The disposal of scrap or surplus materials acquired in the performance of a sponsored award except
when organizations are reimbursed for disposal costs at a predetermined amount in accordance with OMB
Circular A-110,Sec. .34, "Equipment"; or
(4) Other specific purposes necessary to meet the requirements of the sponsored award.
d. The only allowable public relations costs are:
(1) Costs specifically required by sponsored awards;
(2) Costs of communicating with the public and press pertaining to specific activities or accomplishments
which result from performance of sponsored awards(these costs are considered necessary as part of the
outreach effort for the sponsored awards); or
(3) Costs of conducting general liaison with news media and government public relations officers,to the
extent that such activities are limited to communication and liaison necessary to keep the public informed •
on matters of public concern, such as notices of contract/grant awards, financial matters, etc.
e. Costs identified in subparagraphs c and d if incurred for more than one sponsored award or for both
sponsored work and other work of the organization,are allowable to the extent that the principles in
paragraphs B ("Direct Costs") and C ("Indirect Costs")of Attachment A are observed.
£ Unallowable advertising and public relations costs include the following:
(1) All advertising and public relations costs other than as specified in subparagraphs c,d, and e;
(2) Costs of meetings or other events related to fund raising or other organizational activities including:
(i) Costs of displays, demonstrations, and exhibits;
(ii) Costs of meeting rooms, hospitality suites, and other special facilities used in conjunction with shows
and other special events; and
(iii) Salaries and wages of employees or cost of services engaged in setting up and displaying exhibits,
making demonstrations, and providing briefings;
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(3)Costs of promotional items and memorabilia, including models, gifts, and souvenirs;
(4)Costs of advertising and public relations designed solely to promote the organization.
3. Renumber current paragraphs 2 through 8 as paragraphs 3 through 9,respectively.
4. Add the following new paragraph 2:
2. Alcoholic beverages. Costs of alcoholic beverages are unallowable.
5. In paragraph 7 ("Compensation for personal services"), as renumbered above in item 3,rename the
current subparagraph g("Pension costs"), as subparagraph h.Add a new subparagraph g:
g. Organization-furnished automobiles. That portion of the cost of organization-furnished automobiles
that relates to personal use by employees (including transportation to and from work)is unallowable as
fringe benefit or indirect costs regardless of whether the cost is reported as taxable income to the _
employees. These.costs are allowable as direct costs to sponsored award when necessary for the
performance of the sponsored award and approved by awarding agencies.
6.Renumber current paragraphs 9 through 15 as paragraphs 11 through 17,respectively.
7. Add new paragraph 10:
10. Defense and prosecution of criminal and civil proceedings,claims,appeals and patent
infringement.
a. Definitions.
(1)Conviction, as used herein,,means a judgment or a conviction of a criminal offense by any court of
competent jurisdiction,whether entered upon as a verdict or a plea, including a conviction due to a plea of
nolo contendere.
(2)Costs include,but are not limited to, administrative and clerical expenses; the cost of legal services,
whether performed by in-house or private counsel; and the costs of the services of accountants,consultants,
or others retained by the organization to assist it; costs of employees, officers and trustees, and any similar
costs incurred before, during, and after commencement of a judicial or administrative proceeding that bears
a direct relationship to the proceedings.
•
(3)Fraud, as used herein, means(i) acts of fraud corruption or attempts to defraud the Federal Government
or to corrupt its agents, (ii) acts that constitute a cause for debarment or suspension(as specified in agency
regulations), and(iii) acts which violate the False Claims Act, 31 U.S.C., sections 3729-3731,or the
Anti-Kickback Act,41 U.S.C., sections 51 and 54.
(4)Penalty does not include restitution,reimbursement, or compensatory damages.
(5)Proceeding includes an investigation. .
b. (1) Except as otherwise described herein,costs incurred in connection with any criminal,civil or
administrative proceeding (including filing of a false certification)commenced by the Federal Government,
or a State, local or foreign government, are not allowable if the.proceeding: (1)relates to a violation of,or
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failure to comply with, a Federal, State, local or foreign statute or regulation by the organization(including
its agents and employees), and(2)results in any of the following dispositions:
(a) In a criminal proceeding, a conviction.
(b)In a civil or administrative proceeding involving an allegation of fraud or similar misconduct, a
determination of organizational liability.
(c)In the case of any civil or administrative proceeding,the imposition of a monetary penalty.
(d)A final decision by an appropriate Federal official to debar or suspend the organization,to rescind or
void an award,or to terminate an award for default by reason of a violation or failure to comply with a law
or regulation.
(e) A disposition by consent or compromise, if the action could have resulted in any of the dispositions
described in(a), (b),(c) or(d).
(2) If more than one proceeding involves the same alleged misconduct,the costs of all such proceedings
shall be unallowable if any one of them results in one of the dispositions shown in subparagraph b.(1).
c. If a proceeding referred to in subparagraph b is commenced by the Federal Government and is resolved
by consent or compromise pursuant to an agreement entered into by the organization and the Federal
Government,then the costs incurred by the organization in connection with such proceedings that are
otherwise not allowable under subparagraph b may be allowed to the extent specifically provided in such
agreement. .
d. If a proceeding referred to in subparagraph b is commenced by a State, local or foreign government,the
authorized Federal official may allow the costs incurred by the organization for such proceedings,if such
authorized official determines that the costs were incurred as a result of(1)a specific term or condition of a
federally-sponsored award,or(2) specific written direction of an authorized official of the sponsoring
agency.
•
e. Costs incurred in connection with proceedings described in subparagraph b,but which are not made
unallowable by that subparagraph, may be allowed by the Federal Government,but only to the extent that:
(1) The costs are reasonable in relation to the activities required to deal with the proceeding and the
underlying cause of action;
(2)Payment of the costs incurred, as allowable and allocable costs, is not prohibited by any other
provision(s)of the sponsored award;
(3)The costs are not otherwise recovered from the Federal Government or a third party, either directly as a
result of the proceeding or otherwise; and,
(4) The percentage of costs allowed does not exceed the percentage determined by an authorized.Federal
official to be appropriate, considering the complexity of the litigation, generally accepted principles
governing the award of legal fees in civil actions involving the United States as a party, and such other
• factors as may be appropriate. Such percentage shall not exceed 80 percent. However, if an agreement
reached under subparagraph c has explicitly considered this 80 percent limitation and permitted a higher
percentage, then the full amount of costs resulting from that agreement shall'be allowable.
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f. Costs incurred by the organization in connection with the defense of suits brought by its employees or
ex-employees under section 2 of the Major Fraud Act of 1988 (Pub. L. 100-700), including the cost of all
relief necessary to make such employee whole,where the organization was found liable or settled, are
unallowable.
g. Costs of legal, accounting, and consultant services, and related costs, incurred in connection with
defense against Federal Government claims or appeals,antitrust suits, or the prosecution of claims or
appeals against the Federal Government, are unallowable.
h. Costs of legal, accounting, and consultant services, and related costs, incurred in connection with patent
infringement litigation, are unallowable unless otherwise provided for in the sponsored awards.
i. Costs which may be unallowable under this paragraph, including directly associated costs, shall be
segregated and accounted for by the organization separately. During the pendency of any proceeding
covered by subparagraphs b and f, the Federal Government shall generally withhold payment of such costs.
However,if in the best interests of the Federal Government, the Federal Government may provide for
conditional payment upon provision of adequate security, or other adequate assurance, and agreements by
the organization to repay all unallowable costs,plus interest, if the costs are subsequently determined to be
unallowable.
8. In paragraph 15 ("Equipment and other capital expenditures"), as renumbered in item 6 above,replace
subparagraphs 15.a.(1) and 15.b.(2)to read:
15.a.(1) "Equipment"means an article of nonexpendable, tangible personal property having a useful life of
more than one year and an acquisition cost which equals or exceeds the lesser of(a)the capitalization level
established by the organization for the financial statement purposes,or(b)$5000. The unamortized portion
of any equipment written off as a result of a change in capitalization levels may be recovered by continuing
to claim the otherwise allowable use allowances or depreciation on the equipment,or by amortizing the
amount to be written off over a period of years as negotiated with the Federal cognizant agency.
15.b.(2)Capital expenditures for special purpose equipment are allowable as direct costs,provided that
items with a unit cost of$5000 or more have the prior approval of awarding agency.
9. Renumber current paragraphs 16 through 36 as paragraphs 20 through 40,respectively.
10.Add new paragraph 18:
18. Goods or services for personal use. Costs of goods or services for personal use of the organization's
employees are unallowable regardless of whether the cost is reported as taxable income to the employees.
11.Add new paragraph 19:
19. Housing and personal living expenses.
a. Costs of housing(e.g.,depreciation,maintenance,utilities, furnishings,rent, etc.),housing allowances
and personal living expenses for/of the organization's officers are unallowable as fringe benefit or indirect
costs regardless of whether the cost is reported as taxable income to the employees. These costs are
allowable as direct costs to sponsored awards when necessary for the performance of the sponsored award
and approved by awarding agencies.
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•
b. The term "officers" includes current and past officers and employees.
12. Add to paragraph 22.a.(2)("Insurance and indemnification"),as renumbered in item 9, subparagraphs
(f) and(g):
(f)Insurance against defects. Costs of insurance with respect to any costs incurred to correct defects in the
organization's materials or workmanship are unallowable.
(g) Medical liability(malpractice) insurance. Medical liability insurance is an allowable cost of Federal
research programs only to the extent that the Federal research programs involve human subjects or training
of participants in research techniques. Medical liability insurance costs shall be treated as a direct cost and
shall be assigned to individual projects based on the manner in which the insurer allocates the risk to the
population covered by the insurance.
13. Revise paragraph 30, as renumbered in item 9,to read:
30. Memberships,subscriptions and professional activity costs.
a. Costs of the organization's membership in business, technical, and professional organizations are
allowable.
b. Costs of the organization's subscriptions to business,professional, and technical periodicals are
allowable.
c. Costs of meetings and conferences, when the primary purpose is the dissemination of technical
information, are allowable. This includes costs of meals, transportation, rental of facilities, and other items
incidental to such meetings or conferences.
d. Costs of membership in any civic or community organization are allowable with prior approval by
Federal cognizant agency.
•
e. Costs of membership in any country club or social or dining club or organization are unallowable.
14. Delete subparagraph 39.d, as renumbered in item 9.
15. Delete current paragraph 37("Public service costs").
16. Renumber current paragraphs 38 through 44 as paragraphs 41 through 47,respectively.
17. Revise paragraph 44, as renumbered in item 16,to read:
44. Recruiting costs.
a. Subject to subparagraphs b, c, and d, and provided that the size of the staff recruited and maintained is in
keeping with workload requirements, costs of"help wanted" advertising, operating costs of an employment
office necessary to secure and maintain an adequate staff, costs of operating an aptitude and educational
testing program, travel costs of employees while engaged in recruiting personnel,travel costs of applicants
for interviews for prospective employment, and relocation costs incurred incident to recruitment of new
employees, are allowable to the extent that such costs are incurred pursuant to a well-managed recruitment
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program. Where the organization uses employment agencies, costs that are not in excess of standard
commercial rates for such services are allowable.
b. In publications, costs of help wanted advertising that includes color, includes advertising material for
other than recruitment purposes,or is excessive in size(taking into consideration recruitment purposes for
which intended and normal organizational practices in this respect), are unallowable.
c. Costs of help wanted advertising, special emoluments, fringe benefits, and salary allowances incurred to
attract professional personnel from other organizations that do not meet the test of reasonableness or do not
conform with the established practices of the organization, are unallowable.
d. Where relocation costs incurred incident to recruitment of a new employee have been allowed either as
an allocable direct or indirect cost, and the newly hired employee resigns for reasons within his control
within twelve months after being hired,the organization will be required to refund or credit such relocation
costs to the Federal Government.
18. Renumber current paragraphs 45 through 51 as paragraphs 49 through 55,respectively.
19. Add new paragraph 48:
48. Selling and marketing. Costs of selling and marketing any products or services of the organization
(unless allowed under paragraph 1 as allowable public relations costs) are unallowable. These costs,
however, are allowable as direct costs,with prior approval by awarding agencies,when they are necessary
for the performance of Federal programs.
20. Add new subparagraphs c, d and e to paragraph 49 ("Severance pay"), as renumbered in item 18, as.
follow:
c. Costs incurred in certain severance pay packages(commonly known as "a golden parachute"payment)
which are in an amount in excess of the normal severance pay paid by the organization to an employee
upon termination of employment and are paid to the.employee contingent upon a change in management
control over, or ownership of,the organization's assets are unallowable.
d. Severance payments to foreign nationals employed by the organization outside the United States,to the
extent that the amount exceeds the customary or prevailing practices for the organization in the United
States are unallowable, unless they are necessary for the performance of Federal programs and approved by
awarding agencies.
e. Severance payments to foreign nationals employed by the organization outside the United States due to
the termination of the foreign national as a result of the closing of,or curtailment of activities by,the
organization in that country, are unallowable,unless they are necessary for the performance of Federal
programs and approved by awarding agencies.
•
21. Add new paragraph 56:
56. Trustees. Travel and subsistence costs of trustees(or directors) are allowable. The costs are subject to
restrictions regarding lodging, subsistence and air travel costs provided in paragraph 55.
C.Attachment C
•
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1. Delete the following organizations from Attachment C. These organizations either no longer exist or are
no longer exempted from complying with Circular A-122.
• Associated Universities,Incorporated, Washington,D.C.
•
• Associated Universities for Research and Astronomy, Tucson,Arizona
•
• Center for Energy and Environmental Research(CEER), (University of Puerto Rico),
Commonwealth of Puerto Rico
• Comparative Animal Research Laboratory(CARL), (University of Tennessee),Oak Ridge,
Tennessee
• Institute of Gas Technology,Chicago, Illinois
•
• Montana Energy Research and Development Institute, Inc.; (MERDI),Butte,Montana
• Project Management Corporation, Oak Ridge, Tennessee
• Sandia Corporation, Albuquerque,New Mexico
• Universities Corporation for Atmospheric Research,Boulder, Colorado
2. Change Argonne Universities Association, Chicago,Illinois to Argonne National Laboratory, Chicago,
Illinois.
3. Change the location of the Institute for Defense Analysis in Virginia from Arlington to Alexandria.
4. Replace Midwest Research Institute,Headquartered in Kansas City,Missouri to National Renewable
Energy Laboratory, Golden, Colorado.
D. A recompilation of the entire Circular A-122, with all its amendments, follows:
CIRCULAR NO.A-122
Revised
TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS •
SUBJECT: Cost Principles for Non-Profit Organizations
1. Purpose. This Circular establishes principles for determining costs of grants, contracts and other
agreements with non-profit organizations. It does not apply to colleges and universities which are covered
by Office of Management and Budget(OMB)Circular A-21, "Cost Principles for Educational Institutions";
State, local,and federally-recognized Indian tribal governments which are covered by OMB Circular.A-87,
"Cost Principles for State,Local, and Indian Tribal Governments";or hospitals. The principles are designed
to provide that the Federal Government bear its fair share of costs except where restricted or prohibited by
law. The principles do not attempt to prescribe the extent of cost sharing or matching on grants,contracts,
or other agreements. However, such cost sharing or matching shall not be accomplished through arbitrary
limitations on individual cost elements by Federal agencies. Provision for profit or other increment above
rt,
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cost is outside the scope of this Circular. .
2. Supersession. This Circular supersedes cost principles issued by individual agencies for non-profit
organizations.
3. Applicability.
a. These principles shall be used by all Federal agencies in determining the costs of work performed by
non-profit organizations under grants,cooperative agreements, cost reimbursement contracts, and other
contracts in which costs are used in pricing, administration,or settlement. All of these instruments are
hereafter referred to as awards. The principles do not apply to awards under which an organization is not
required to account to the Federal Government for actual costs incurred.
b. All cost reimbursement subawards(subgrants, subcontracts, etc.) are subject to those Federal cost
principles applicable to the particular organization concerned. Thus, if a subaward is to a non-profit
organization, this Circular shall apply; if a subaward is to a commercial organization,the cost principles
applicable to commercial concerns shall apply; if a subaward is to a college or university,Circular A-21
shall apply; if a subaward is to a State, local,or federally-recognized Indian tribal government,Circular
A-87 shall apply.
4. Definitions.
a. Non-profit organization means any corporation,trust, association, cooperative,or other organization
which:
(1)is operated primarily for scientific, 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
"non-profit organization" excludes(i)colleges and universities; (ii)hospitals;(iii) State, local,and
federally-recognized Indian tribal governments; and(iv) those non-profit organizations which are excluded
from coverage of this Circular in accordance with paragraph 5.
b. Prior approval means securing the awarding agency's permission in advance to incur cost for those
items that are designated as requiring prior approval by the Circular. Generally this permission will be in
writing.Where an item of cost requiring prior approval is specified in the budget of an award, approval of
the budget constitutes approval of that cost.
5. Exclusion of some non-profit organizations-. Some non-profit organizations,because of their size and
nature of operations, can be considered to be similar to commercial concerns for purpose of applicability of
cost principles. Such non-profit organizations shall operate under Federal cost principles applicable to
commercial concerns. A listing of these organizations is contained in Attachment C. Other organizations
may be added from time to time.
6.Responsibilities. Agencies responsible for administering programs that involve awards to non-profit
organizations shall implement the provisions of this Circular.Upon request,implementing instruction shall
be furnished to OMB. Agencies shall designate a liaison official to serve as the agency representative on
matters relating to the implementation of this Circular. The name and title of such representative shall be
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furnished to OMB within 30 days of the date of this Circular.
7. Attachments. The principles and related policy guides are set forth in the following Attachments:
Attachment A-General Principles .
Attachment B - Selected Items of Cost
Attachment C -Non-Profit Organizations Not Subject To This Circular
8. Requests for exceptions. OMB may grant exceptions to the requirements of this Circular when •
permissible under existing law. However, in the interest of achieving maximum uniformity, exceptions will
be permitted only in highly unusual circumstances.
9. Effective Date. The provisions of this Circular are effective immediately. Implementation shall be
phased in by incorporating the provisions into new awards made after the start of the organization's next
fiscal year. For existing awards,the new principles may be applied if an organization and the cognizant
Federal agency agree. Earlier implementation, or a delay in implementation of individual provisions, is also
permitted by mutual agreement between an organization and the cognizant Federal agency.
10, Inquiries. Further information concerning this Circular may be obtained by contacting the Office.of
Federal Financial Management, OMB, Washington,DC 20503,telephone(202) 395-3993.
Attachments •
ATTACHMENT A
Circular No. A-122
GENERAL PRINCIPLES
Table of Contents
A. Basic Considerations
1. Composition of total costs
2. Factors affecting allowability of costs
3. Reasonable costs
4. Allocable costs „ .
5. Applicable credits
6. Advance understandings
7. Conditional exemptions
B. Direct Costs
C. Indirect Costs
D. Allocation of Indirect Costs:and Determination of Indirect Cost Rates
1. General
2. Simplified allocation method
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3. Multiple allocation base method -
4. Direct allocation method
5. Special indirect cost rates
E.Negotiation and Approval of Indirect Cost Rates
1. Definitions
2.Negotiation and approval of rates
ATTACHMENT A
Circular No. A-122
GENERAL PRINCIPLES
A. Basic Considerations
1. Composition of total costs. The total cost of an award is the sum of the allowable direct and allocable
indirect costs less any applicable credits.
'2. Factors affecting allowability of costs. To be allowable under an award, costs must meet the following
general criteria:
a. Be reasonable for the performance of the award and be allocable thereto under these principles.
b. Conform to any limitations or exclusions set forth in these principles or in the award as to types or
amount of cost items.
c. Be consistent with policies and procedures that apply uniformly to both federally-financed and other •
activities of the organization.
d. Be accorded consistent treatment.
e. Be determined in accordance with generally accepted accounting principles(GAAP).
f.Not be included as a cost or used to meet cost sharing or matching requirements of any other
federally-financed program in either the current or a prior period.
g.Be adequately documented.
3.Reasonable costs. A cost is reasonable if, in its nature or amount, it does not exceed that which would be
incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur
the costs. The question of the reasonableness of specific costs must be scrutinized with particular care in
connection with organizations or separate divisions thereof which receive the preponderance of their
support from awards made by Federal agencies. In determining the reasonableness of a given cost,
consideration shall be given to:
a. Whether the cost is of a type generally recognized as ordinary and necessary for the operation of the
organization or the performance of the award.
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b. The restraints or requirements imposed by such factors as generally accepted sound business practices,
arms length bargaining,Federal and State laws and regulations, and terms and conditions of the award.
c. Whether the individuals concerned acted with prudence in the circumstances,.considering their
responsibilities to the organization, its members, employees, and clients, the public at large, and the
Federal.Government.
d. Significant deviations from the established practices of the organization which may unjustifiably
increase the award costs.
4.Allocable costs.
a. A cost is allocable to a particular cost objective, such as a grant,contract,project,service, or other
activity, in accordance with the relative benefits received. A cost is allocable to a Federal award if it is
treated consistently with other costs incurred for the same purpose in like circumstances and if it:
(1)Is incurred specifically for the award.
(2)Benefits both the award and other work and can be distributed in reasonable proportion to the benefits
received,or
(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 other cost objective under these principles may not be shifted
to other Federal awards to overcome funding deficiencies, or to avoid restrictions imposed by law or by the
terms of the award.
5.Applicable credits.
a. The term applicable credits refers to those receipts, or reduction of expenditures which operate to offset
or reduce expense items that are allocable to awards as direct or indirect costs. Typical examples of such
transactions are:purchase discounts,rebates or allowances,recoveries or indemnities on losses,insurance
refunds, and adjustments of overpayments or erroneous charges. To the extent that such credits accruing or
received by the organization relate to allowable cost, they shall be credited to the Federal Government
either as a cost reduction or cash refund, as appropriate.
b. In some instances,the amounts received from the Federal Government to finance organizational
activities or service operations should be treated as applicable credits. Specifically, the concept of netting
such credit items against related expenditures should be applied by the organization in determining the
rates or amounts to be charged to Federal awards for 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. •
c. For rules covering program.income(i.e., gross income earned from federally-supported activities)see
Sec._.24 of Office of Management and Budget (OMB)Circular A-110,"Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals, and Other
Non-Profit Organizations."
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6.Advance understandings.Under any given award,the reasonableness and allocability of certain items of
costs may be difficult to determine. This is particularly true in connection with organizations that receive a
preponderance of their support from Federal agencies. In order to avoid subsequent.disallowance or dispute
based on unreasonableness or nonallocability, it is often desirable to seek a written agreement with the
cognizant or awarding agency in advance of the incurrence of special or unusual costs. The absence of an
advance agreement on any element of cost will not,in itself, affect the reasonableness or allocability of that
element.
7. Conditional exemptions.
a. OMB authorizes conditional exemption from OMB administrative requirements and cost principles
circulars for certain Federal programs with statutorily-authorized consolidated planning and consolidated
administrative funding,that are identified by a Federal agency and approved by the head of the Executive
department or establishment. A Federal agency shall consult with OMB during its consideration of whether
to grant such an exemption.
b. To promote efficiency in State and local program administration,when Federal non-entitlement
programs with common purposes have specific statutorily-authorized consolidated planning and
consolidated administrative funding and where most of the State agency's resources come from non-Federal
sources,Federal agencies may exempt these covered State-administered,non-entitlement grant programs
from certain OMB grants management requirements. The exemptions would be from all but the allocability
of costs provisions of OMB Circulars A-87 (Attachment A, subsection C.3), "Cost Principles for State,
Local, and Indian Tribal Governments," A-21 (Section C, subpart 4), "Cost Principles for Educational
Institutions," and A-122(Attachment A, subsection A.4),"Cost Principles for Non-Profit Organizations,"
and from all of the administrative requirements provisions of OMB Circular A-110, "Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals,
and Other Non-Profit Organizations," and the agencies'grants management common rule.
c. When a Federal agency provides this flexibility,as a prerequisite to a State's exercising this option, a
State must adopt its own written fiscal and administrative requirements for expending and accounting for
all funds,which are consistent with the provisions of OMB Circular A-87, and extend such policies to all
subrecipients. These fiscal and administrative requirements must be sufficiently specific to ensure that:
funds are used in compliance with all applicable Federal statutory and regulatory provisions,costs are
reasonable and necessary for operating these programs,and funds are not be used for general expenses
required to carry out other responsibilities of a State or its subrecipients.
B. Direct Costs
1. Direct costs are those that can be identified specifically with a particular final cost objective,i.e.,a
particular award,project,service, or other direct activity of an organization. However, a cost may not be
assigned to an award as a direct cost if any other cost incurred for the same purpose, in like circumstance,
has been allocated to an award as an indirect cost..Costs identified specifically with awards are direct costs
of the awards and are to be assigned directly thereto. Costs identified specifically with other final cost
objectives of the organization are direct costs of those cost objectives and are not to be assigned to other
awards directly or indirectly.
2. Any direct cost of a minor amount maybe treated as an indirect cost for reasons of practicality where the
accounting treatment for such cost is consistently applied to all final cost objectives.
3. The cost of certain activities are not allowable as charges to Federal awards(see, for example,
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fundraising costs in paragraph 23 of Attachment B). However, even though these costs are unallowable
for purposes of computing charges to Federal awards, they nonetheless must be treated as direct costs for
purposes of determining indirect cost rates and be allocated their share of the organization's indirect costs if
they represent,activities which(1)include the salaries of personnel, (2)occupy space, and(3)benefit from
the organization's indirect costs.
4. The costs of activities performed primarily as a service to members, clients,or the general public when
significant and necessary to the organization's mission must be treated as direct costs whether or not
allowable and be allocated an equitable share of indirect costs. Some examples of these types of activities
include:
a. Maintenance of membership rolls, subscriptions,publications, and related functions.
b. Providing services and information to members, legislative or administrative bodies, or the public.
c. Promotion, lobbying, and other forms of public relations.
d. Meetings and conferences except those held to conduct the general administration of the organization. •
e. Maintenance,protection, and investment of special funds not used in operation of the organization.
£ Administration of group benefits on behalf of members or clients, including life and hospital insurance,
annuity or retirement plans, financial aid, etc.
C. Indirect Costs
1. Indirect costs are those that have been incurred for common or joint objectives and cannot be readily
identified with a particular final cost objective. Direct cost of minor amounts maybe treated as indirect
costs under the conditions described in subparagraph.$.2. After direct costs have been determined and
assigned directly to awards or other work as appropriate, indirect costs are those remaining to be allocated
to benefiting cost objectives. A cost may not be allocated to an award as an indirect cost if any other cost..
incurred for the same purpose, in like circumstances,has been assigned to an award as a direct cost.
2. Because of the diverse characteristics and accounting practices of non-profit organizations,it is not
possible-to specify the types of cost which maybe classified YP as indirect cost in all situations.However,
typical examples of indirect cost for many non-profit organizations may include depreciation or use
allowances on buildings and equipment, the costs of operating and maintaining facilities, and general
administration and general expenses, such as the salaries and expenses of executive officers,personnel
administration, and accounting..
3. Indirect costs shall be classified within two broad.categories: "Facilities" and"Administration."
"Facilities"is defined as depreciation and use allowances on buildings, equipment and capital
improvement, interest on debt associated with certain buildings, equipment and capital improvements, and
operations and maintenance expenses. "Administration" is defined as general administration and general
expenses such as the director's office, accounting, personnel, library expenses and all other types of
expenditures not listed specifically under one of the subcategories of"Facilities" (including cross
allocations from other pools, where applicable). See indirect cost rate reporting requirements in
subparagraphs D.2.e and D.3.g.
D. Allocation of Indirect Costs and Determination of Indirect Cost Rates
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1. General.
a. Where a non-profit organization has only one major function,or where all its major functions benefit
from its indirect costs to approximately the same degree,the allocation of indirect costs and the
computation of an indirect cost rate may be accomplished through simplified allocation procedures, as
described in subparagraph 2.
b. Where an organization has several major functions which benefit from its indirect costs in varying
degrees, allocation of indirect costs may require the accumulation of such costs into separate cost
groupings which then are allocated individually to benefiting functions by means of a base which best
measures the relative degree of benefit. The indirect costs allocated to each function are then distributed to •
individual awards and other activities included in that function by means of an indirect cost rate(s).
c. The determination of what constitutes an organization's major functions will depend on its purpose in
being;the types of services it renders to the public,its clients,and its members; and the amount of effort it
devotes to such activities as fundraising,public information and membership activities. F,
d. Specific methods for allocating indirect costs and computing indirect cost rates along with the conditions
under which each method should be used are described in subparagraphs 2 through 5.
e. The base period for the allocation of indirect costs is the period in which such costs are incurred and
accumulated for allocation to work performed in that period. The base period normally should coincide
with the organization's fiscal year but, in any event, shall be so selected as to avoid inequities in the
allocation of the costs.
2. Simplified allocation method.
a. Where an organization's major functions benefit from its indirect costs to approximately the same
degree,the allocation of indirect costs may be accomplished by(i)separating the organization's total costs
for the base period as either direct or indirect, and(ii)dividing the total allowable indirect costs(net of
applicable credits)by an equitable distribution base. The result of this process is an indirect cost rate which
is used to distribute indirect costs to individual awards. The rate should be expressed as the percentage
which the total amount of allowable indirect costs bears to the base selected. This method should also be
used where an organization has only one major function encompassing a number of individual projects or
activities, and may be used where the level of Federal awards to an organization is relatively small.
b. Both the direct costs and the indirect costs shall exclude capital expenditures and unallowable costs.
However,unallowable costs which represent activities must be included in the direct costs under the
conditions described in subparagraph B.3.
c. The distribution base may be total direct costs(excluding capital expenditures and other distorting items,
such as major subcontracts or subgrants),direct salaries and wages, or other base which results in an
equitable distribution. The distribution base shall generally exclude participant support costs as defined in
paragraph 34 of Attachment B.
d. Except where a special rate(s)is required in accordance with subparagraph 5, the indirect cost rate
developed under the above principles is applicable to all awards at the organization. If a special rate(s) is
required, appropriate modifications shall be made in order to develop the special rate(s).
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e. For an organization that receives more than$10 million in Federal funding of direct costs in a fiscal year,
a breakout of the indirect cost component into two broad categories,Facilities and Administration as
defined in subparagraph C.3, is required. The rate in each case shall be stated as the percentage which the
amount of the particular indirect cost category(i.e.,Facilities or Administration) is of the distribution base
identified with that category.
3. Multiple allocation base method
a. General. Where an organization's indirect costs benefit its major functions in varying degrees, indirect
costs shall be accumulated into separate cost groupings,as described in subparagraph b. Each grouping
shall then be allocated individually to benefitting functions by means of a base which best measures the
relative benefits. The default allocation bases by cost pool are described in subparagraph c.
b. Identification of indirect costs. Cost groupings shall be established so as to permit the allocation of each
grouping on the basis of benefits provided to the major functions. Each grouping shall constitute a pool of
expenses that are of like character in terms of functions they benefit and in terms of the allocation base
which best measures the relative benefits provided to each function. The groupings are classified within the
two broad categories: "Facilities" and "Administration," as described in subparagraph C.3. The indirect
cost pools are defined as follows:
(1)Depreciation and use allowances. The expenses under this heading are the portion of the costs of the
organization's buildings, capital improvements to land and buildings, and equipment which are computed
in accordance with paragraph 11 of Attachment B("Depreciation and use allowances").
(2)Interest. Interest on debt associated with certain buildings, equipment and capital improvements are
computed in accordance with paragraph 23 of Attachment B ("Interest, fundraising, and investment
management costs").
(3) Operation and maintenance expenses. The expenses under this heading are those that have been
incurred for the administration,operation, maintenance,preservation, and protection of the organization's
physical plant. They include expenses normally incurred for such items as:janitorial and utility services;
repairs and ordinary or normal alterations of buildings, furniture and equipment;care of grounds;
maintenance and operation of buildings and other plant facilities; security; earthquake and disaster
preparedness; environmental safety;hazardous waste disposal;property, liability and other insurance
relating to property; space and capital leasing; facility planning and management; and, central receiving.
The operation and maintenance expenses category shall.also include its allocable share of fringe benefit
costs,depreciation and use allowances, and interest costs.
(4) General administration and general expenses. The expenses under this heading are those that have been
incurred for the overall general executive and administrative offices of the organization and other expenses
of a general nature which do not relate solely to any major function of the organization. This category shall
also include its allocable share of fringe benefit costs, operation and maintenance expense, depreciation
and use allowances, and interest costs. Examples of this category include central offices, such as the
director's office, the office of finance, business services,budget and planning,personnel, safety and risk
management, general counsel,management information systems, and library costs.
In developing this cost pool, special care should be exercised to ensure that costs incurred for the same
purpose in like circumstances are treated consistently as either direct or indirect costs. For example,
salaries of technical staff, project supplies,project publication, telephone toll charges,computer costs,
travel costs, and specialized services costs shall be treated as direct costs wherever identifiable to a
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particular program.The salaries and wages of administrative and pooled clerical staff should normally be
treated as indirect costs. Direct charging of these costs may be appropriate where a major project or activity
explicitly requires and budgets for administrative or clerical services and other individuals involved can be
identified with the program or activity. Items such as office supplies,postage,local telephone costs,
periodicals and memberships should normally be treated as indirect costs.
c. Allocation bases. Actual conditions shall be taken into account in selecting the base to be used in
allocating the expenses in each grouping to benefitting functions. The essential consideration in selecting a
method or a base is that it is the one best suited for assigning the pool of costs to cost objectives in
accordance with benefits derived; a traceable cause and effect relationship;or logic and reason,where
neither the cause nor the effect of the relationship is determinable. When an allocation can be made by
assignment of a cost grouping directly to the function benefited, the allocation shall be made in that
manner. When the expenses in a cost grouping are more general in nature,the allocation shall be made
through the use of a selected base which produces'results that are equitable to both the Federal Government
and the organization. The distribution shall be made in accordance with the bases described herein unless it
can be demonstrated that the use of a different base would result in a more equitable allocation of the costs,
or that a more readily available base would not increase the costs charged to sponsored awards. The results
of special cost studies(such as an engineering utility study)shall not be used to determine and allocate the
indirect costs to sponsored awards.
(1)Depreciation and use allowances. Depreciation and use allowances expenses shall be allocated in the
following manner:
(a)Depreciation or use allowances on buildings used exclusively in the conduct of a single function, and on
capital improvements and equipment used in such buildings,shall be assigned to that function.
•
(b)Depreciation or use allowances on buildings used for more than one function, and on capital
improvements and equipment used in such buildings, shall be allocated to the individual functions
performed in each building on the basis of usable square feet of space, excluding common areas, such as
hallways,stairwells,and restrooms.
(c)Depreciation or use allowances on buildings,capital improvements and equipment related space(e.g.,
individual rooms, and laboratories)used jointly by more than one function(as determined by the users of
the space)shall be treated as follows. The cost of each jointly used unit of space shall be allocated to the
benefitting functions on the basis of:
(i)the employees and other users on a full-time equivalent(FTE)basis or salaries and wages of those
individual functions benefitting from the use of that space; or
(ii)organization-wide employee FTEs or salaries and wages applicable to the benefitting functions of the
organization.
(d)Depreciation or use allowances on certain capital improvements to land, such as paved parking areas,
fences,sidewalks, and the like, not included in the cost of buildings, shall be allocated to user categories on
a FTE basis and distributed to major functions in proportion to the salaries and wages of all employees
applicable to the functions.
(2)Interest. Interest costs shall be allocated in the same manner as the depreciation or use allowances on
the buildings, equipment and capital equipments to which the interest relates.
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(3)Operation and maintenance expenses. Operation and maintenance expenses shall be allocated in the
same manner as the depreciation and use allowances.
(4)General administration and general expenses. General administration and general expenses shall be
allocated to benefitting functions based on modified total direct costs(MTDC), as described in
subparagraph D.3.f. The expenses included in this category could be grouped first according to major
functions of the organization to which they render services or provide benefits. The aggregate expenses of
each group shall then be allocated to benefitting functions based on MTDC.
d. Order of distribution.
(1)Indirect cost categories consisting of depreciation and use allowances, interest, operation and
maintenance, and general administration and general expenses shall be allocated in that order to the
remaining indirect cost categories as well as to the major functions of the organization. Other cost
categories could be allocated in the order determined to be most appropriate by the organization. When
cross allocation of costs is made as provided in subparagraph (2), this order of allocation does not apply.
(2)Normally, an indirect cost category will be considered closed once it has been allocated to other cost
objectives, and costs shall not be subsequently allocated to it. However, a cross allocation of costs between
two or more indirect costs categories could be used if such allocation
g tlon will result in a.more equitable.
allocation of costs. If a cross allocation is used, an appropriate modification to the composition of the
indirect cost categories is required.
e. Application of indirect cost rate or rates. Except where a special indirect cost rate(s)is required in
accordance with subparagraph D.5,the separate groupings of indirect costs allocated to each major
function shall be aggregated and treated as a common pool for that function. The costs in the common pool
shall then be distributed to individual awards included in that function by use of a single indirect cost rate.
f. Distribution basis.Indirect costs shall be distributed to applicable sponsored awards and other benefitting
activities within each major function on the basis of MTDC. MTDC consists of all salaries and wages,
fringe benefits,materials and supplies, services, travel, and subgrants and subcontracts up to the first
$25,000 of each subgrant or subcontract(regardless of the period covered by the subgrant.or subcontract).
Equipment,capital expenditures, charges for patient care,rental costs and the portion in excess of$25,000.
shall be excluded from MTDC. Participant support costs shall generally be excluded from MTDC. Other
items may only be excluded when the Federal cost cognizant agency determines that an exclusion is
necessary to avoid a serious inequity in the distribution of indirect costs.
g. Individual Rate Components. An indirect cost rate shall be determined for each separate indirect cost
pool developed. The rate in each case shall be stated as the percentage which the amount of the particular
indirect cost pool is of the distribution base identified with that pool. Each indirect cost rate negotiation or
determination agreement shall include development of the rate for each indirect cost pool as well as the
overall indirect cost rate. The indirect cost pools shall be classified within two broad categories: "Facilities"
and "Administration," as described in subparagraph C.3.
4. Direct allocation method.
•
a. Some non-profit organizations treat all costs as direct costs except general administration and general
expenses. These organizations generally separate their costs into three basic categories: (i)General
administration and general expenses,(ii) fundraising, and(iii)other direct functions.(including projects
performed under Federal awards). Joint costs, such as depreciation,rental costs, operation and maintenance
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of facilities,telephone expenses, and the like are prorated individually as direct costs to each category and
to each award or other activity using a base most appropriate to the particular cost being prorated.
b. This method is acceptable,provided each joint cost is prorated using a base which accurately measures
the benefits provided to each award or other activity. The bases must be established in accordance with
reasonable criteria, and be supported by current data..This method is compatible with the Standards of
Accounting and Financial Reporting for Voluntary Health and Welfare Organizations issued jointly by the
National Health Council, Inc.,the National Assembly of Voluntary Health and Social Welfare
Organizations,and the United Way of America.
c. Under this method, indirect costs consist exclusively of general administration and general expenses. In
all other respects,the organization's indirect cost rates shall be computed in the same manner as that
described in subparagraph 2.
5. Special indirect cost rates. In some instances, a single indirect cost rate for all activities of an
organization or for each major function of the organization may not be appropriate, since it would not take
into account those different factors which may substantially affect the indirect costs applicable to a -
particular segment of work. For this purpose,a particular segment of work may be that performed under a
single award or it may consist of work under a group of awards performed in a common environment.
These factors may include the physical location of the work, the level of administrative support required,
the nature of the facilities or other resources employed,the scientific disciplines or technical skills
involved,the organizational arrangements used,or any combination thereof. When a particular segment of
work is performed in an environment which appears to generate a significantly different level of indirect.
costs,provisions should be made for a separate indirect cost pool applicable to such work. The separate
indirect cost pool should be developed during the course of the regular allocation process, and the separate
indirect cost rate resulting therefrom should be used,provided it is determined that(i)the rate differs
significantly from that which would have been obtained under subparagraphs 2,3,and 4,and(ii)the
volume of work to which the rate would apply is material.
E. Negotiation and Approval of Indirect Cost Rates
1. Definitions. As used in this section,the following terms have the meanings set forth below:
a. Cognizant agency means the Federal agency responsible for negotiating and approving indirect cost
rates for a non-profit organization on behalf of all Federal agencies.
b.Predetermined rate means an indirect cost rate, applicable to a specified current or future period,
usually the organization's fiscal year. The rate is based on an estimate of the costs to be incurred during the
period. A predetermined rate is not subject to adjustment.
c. Fixed rate means an indirect cost rate which has the same characteristics as a predetermined rate, except
that the difference between the estimated costs and the actual costs of the period covered by the rate is
carried forward as an adjustment to the rate computation of a subsequent period.
d.Final rate means an indirect cost rate applicable to a specified past period which is based on the actual
costs of the period. A final rate is not subject to adjustment.
e. Provisional rate or billing rate means a temporary indirect cost rate applicable to a specified period
which is used for funding, interim reimbursement, and reporting indirect costs on awards pending the
establishment of a final rate for the period.
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f. Indirect cost proposal means the documentation prepared by an organization to substantiate its claim
for the reimbursement of indirect costs. This proposal provides the basis for the review and negotiation
leading to the establishment of an organization's indirect cost rate.
g. Cost objective means a function,organizational subdivision,contract, grant,or other work unit for
which cost data are desired and for which provision is made to accumulate and measure the cost of
processes,projects,jobs and capitalized projects.
2. Negotiation and approval of rates.
a. Unless different arrangements are agreed to by the agencies concerned, the Federal agency with the.
largest dollar value of awards with an organization will be designated as the cognizant agency for the
negotiation and approval of the indirect cost rates and,where necessary, other rates such as fringe benefit
and computer charge-out rates. Once an agency is assigned cognizance for a particular non-profit
organization,the assignment will hot be changed unless there is a major long-term shift in the dollar
volume of the Federal awards to the organization. All concerned Federal agencies shall be given the
opportunity to participate in the negotiation 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 affecting its awards necessitate special indirect cost rates in accordance with subparagraph D.5,it
will,prior to the time the rates are negotiated,notify the cognizant agency.
b. A non-profit organization which has not previously established an indirect cost rate with a Federal
agency shall submit its initial indirect cost proposal immediately after the organization is advised that an
award will be made and, in no event, later than three months after the effective date of the award.
c. Organizations that have previously established indirect cost rates must submit a new indirect cost
proposal to the cognizant agency within six months after the close of each fiscal year.
d. A predetermined rate may be negotiated for use on awards where there is reasonable assurance,based on
past experience and reliable projection of the organization's costs,that the rate is not likely to exceed a rate
based on the organization's actual costs.
e. Fixed rates may be negotiated where predetermined rates are not considered appropriate.A fixed rate,
however, shall not be negotiated if(i) all or a substantial portion of the organization's awards are expected
to expire before the carry-forward adjustment can be made; (ii)the mix of Federal and non-Federal work at
the organization is too erratic to permit an equitable carry-forward adjustment; or(iii) the organization's
operations fluctuate significantly from year to year.
f. Provisional and final rates shall be negotiated where neither predetermined nor fixed rates are
appropriate,
g. The results of each negotiation shall be formalized in a written agreement between the cognizant agency
and the non-profit organization. The cognizant agency shall distribute copies of the agreement to all
concerned Federal agencies:
h. If a dispute arises in a negotiation of an indirect cost rate between the cognizant agency and the
non-profit organization, the dispute shall be resolved in accordance with the appeals procedures of the
cognizant agency.
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i. To the extent that problems are encountered among the Federal agencies in connection with the
negotiation and approval process, OMB will lend assistance as required to resolve such problems in a
timely manner.
ATTACHMENT B
Circular No. A-122
SELECTED ITEMS OF COST
Table of Contents
1. Advertising and public relations costs
2. Alcoholic beverages
3. Bad debts
4. Bid and proposal costs(reserved)
5. Bonding costs
6. Communication costs
7. Compensation for personal services
8. Contingency provisions
9. Contributions
10. Defense and prosecution of criminal and civil proceedings, claims, appeals and patent infringement
11.Depreciation and use allowances
12.Donations
13. Employee morale, health, and welfare costs and credits
14. Entertainment costs
15. Equipment and other capital expenditures
16. Fines and penalties
17.Fringe benefits
18. Goods or services for personal use
19. Housing and personal living expenses
20. Idle facilities and idle capacity
21. Independent research and development(reserved)
22.Insurance and indemnification
23. Interest, fund raising,and investment management costs
24. Labor relations costs
25. Lobbying
26.Losses on other awards
27.Maintenance and repair costs •
28.Materials and supplies
29. Meetings and conferences
30. Memberships, subscriptions, and professional activity costs
31. Organization costs
32. Overtime, extra-pay shift, and multi-shift premiums
33. Page charges in professional journals
34. Participant support costs
35. Patent costs
36.Pension plans
37. Plant security costs
38. Pre-award costs
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39. Professional service costs
40. Profits and losses on disposition of depreciable property or other capital assets
41. Publication and printing costs
42.Rearrangement and alteration costs
43.Reconversion costs
44.Recruiting costs
45. Relocation costs
46.Rental costs
47. Royalties and other costs for use of patents and copyrights
48. Selling and marketing
49. Severance pay
50. Specialized service facilities
51. Taxes
52. Termination costs
53. Training and education costs
54. Transportation costs
55. Travel costs
56. Trustees
ATTACHMENT B
Circular No. A-122
SELECTED ITEMS OF COST
Paragraphs 1 through 56 provide principles to be applied in establishing the allowability of certain items
of 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 that it is unallowable; rather, determination as to allowability in each
case should be based on the treatment or principles provided for similar or related items of cost.
1 Advertising and public relations costs.
a. The term advertising costs means the costs of advertising media and corollary administrative costs.
Advertising media include magazines, newspapers,radio and television programs, direct mail, exhibits,
and the like.
b. The term public relations includes community relations and means those activities dedicated to
maintaining the image of the organization or maintaining or promoting understanding and favorable
relations with the community or public at large or any segment of the public.
c. The only allowable advertising costs are those which are solely for:
(1)The recruitment of personnel required for the performance by the organization of obligations arising
under a sponsored award, when considered in conjunction with all other recruitment costs,as set forth in
paragraph 44("Recruiting costs");
(2) The procurement of goods and services for the performance of a sponsored award;
(3) The disposal of scrap or surplus materials acquired in the performance of a sponsored award except
when organizations are reimbursed for disposal costs at a predetermined amount in accordance with OMB
Circular A-110, Sec. .34, "Equipment"; or
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•
•
(4)Other specific purposes necessary to meet the requirements of the sponsored award.
d. The only allowable public relations costs are:
(1)Costs specifically required by sponsored awards;.
(2)Costs of communicating with the public and press pertaining to specific activities or accomplishments
which result from performance of sponsored awards(these costs are considered necessary as part of the
outreach effort for the sponsored awards); or
(3)Costs of conducting general liaison with news media and government public relations officers, to the
extent that such activities are limited to communication and liaison necessary to keep the public informed
on matters of public concern, such as notices of contract/grant awards, financial matters, etc.
e. Costs identified in subparagraphs c and d if incurred for more than one sponsored award or for both
sponsored work and other work of the organization,are allowable to the extent that the principles in
paragraphs B ("Direct Costs")and C ("Indirect Costs") of Attachment A are observed.
f. Unallowable advertising and public relations costs include the following:
(1)All advertising and public relations costs other than as specified in subparagraphs c,d,and e;
(2)Costs of meetings or other events related to fund raising or other organizational activities including:
(i)Costs of displays,demonstrations, and exhibits;
(ii)Costs of meeting rooms, hospitality suites, and other special facilities used in conjunction with shows
and other special events; and
(iii)Salaries and wages of employees or cost of services engaged in setting up and displaying exhibits,
making demonstrations, and providing briefings;
(3)Costs of promotional items and memorabilia,including models,gifts, and souvenirs;
(4)Costs of advertising and public.relations designed solely to promote the organization.
2. Alcoholic beverages. Costs of alcoholic beverages are unallowable.
3. Bad debts. Bad debts, including.losses(whether actual or estimated) arising from uncollectible accounts
and other claims, related collection costs, and related legal costs, are unallowable.
4. Bid and proposal costs. (reserved)
5. Bonding costs.
a. Bonding costs arise when the Federal Government requires assurance against financial loss to itself or
others by reason of the act or default of the organization. They arise also in instances where the
organization requires similar assurance. Included are such bonds as bid,performance,payment,advance
payment,infringement, and fidelity bonds.
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•
b. Costs of bonding required pursuant to the terms of the award are allowable.
c. Costs of bonding required by the organization in the general conduct of its operations are allowable to
the extent that such bonding is in accordance with sound business practice and the rates and premiums are
reasonable under the circumstances.
6. Communication costs. Costs incurred for telephone services, local and long distance telephone calls,
telegrams,radiograms,postage and the like are allowable.
7. Compensation for personal services.
•
a. Definition. Compensation for personal services includes all compensation paid currently or accrued by
the organization for services of employees rendered during the period of the award(except as otherwise
provided in subparagraph h). It includes,but is not limited to, salaries,wages, director's and executive
committee member's fees, incentive awards, fringe benefits,pension plan costs,allowances for off-site pay,
incentive pay, location allowances, hardship pay, and cost of living differentials.
b. Allowability. Except as otherwise specifically 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 and conforms to the
established policy of the organization consistently applied to both Federal and non-Federal activities; and
(2)Charges to awards whether treated as direct or indirect costs are determined and supported as required
in this paragraph.
c. Reasonableness.
(1) When the organization is predominantly engaged in activities other than those sponsored by the.Federal
Government, compensation for employees on federally-sponsored work will be considered reasonable to
the extent that it is consistent with that paid for similar work in the organization's other activities.
(2) When the organization is predominantly engaged in federally-sponsored activities and in cases where
the kind of employees required for the Federal activities are not found in the organization's other activities,
compensation for employees on federally-sponsored work will be considered reasonable to the extent that it
is comparable to that paid for similar work in the labor markets in which the organization competes for the
kind of employees involved.
d. Special considerations in determining allowability. Certain conditions require special consideration
and possible limitations in determining costs under Federal awards where amounts or types of
compensation appear unreasonable. Among such conditions are the following:
(1) Compensation to members of non-profit organizations, trustees, directors, associates, officers,or the
immediate families thereof. Determination should be made that such compensation is reasonable for the
actual personal services rendered rather than a distribution of earnings in excess of costs.
(2)Any change in an organization's compensation policy resulting in a substantial increase in the
organization's level of compensation,particularly when it was concurrent with an increase in the ratio of
Federal awards to other activities of the organization or any change in the treatment of allowability of
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specific types of compensation due to changes in Federal policy.
e. Unallowable costs. Costs which are unallowable under other paragraphs of this Attachment shall not be
allowable under this paragraph solely on the basis that they constitute personal compensation.
f. Fringe benefits.
(1)Fringe benefits in the form of regular compensation paid to employees during periods of authorized
absences from the job, such as vacation leave, sick leave,military leave, and the like, are allowable,
provided such costs are absorbed by all organization activities in proportion to the relative amount of time
or effort actually devoted to each.
(2)Fringe benefits in the form of employer contributions or expenses for social security, employee
insurance,workmen's compensation insurance,pension plan costs(see subparagraph h), and the like, are
allowable,provided such benefits are granted in accordance with established written organization policies.
Such benefits whether treated as indirect costs or as direct costs, shall be distributed to particular awards
and other activities in a manner consistent with the pattern of benefits accruing to the individuals ofgroup
of employees whose salaries and wages are chargeable to such awards and other activities.
(3) (a)Provisions for a reserve under a self-insurance program for unemployment compensation or
workers'compensation are allowable to the extent that the provisions represent reasonable estimates of the
liabilities for such compensation, and the types of coverage,extent of coverage,and rates and premiums
would have been allowable had insurance been purchased to cover the risks. However,provisions for
self-insured liabilities which do not become payable for more than one year after the provision is made
shall not exceed the present value of the liability.
(b)Where an organization follows a consistent policy of expensing actual payments to,or on behalf of,
employees or former employees for unemployment compensation or workers'compensation, such
payments are allowable in the year of payment with the prior approval of the awarding agency,provided
they are allocated to all activities of the organization.
(4) Costs of insurance on the lives of trustees,officers, or other employees holding positions of similar
responsibility are allowable only to the extent that the insurance represents additional compensation.The
costs of such insurance when the organization is named as beneficiary are unallowable.
g. Organization-furnished automobiles. That portion of the cost of organization-furnished automobiles
that relates to personal use by employees(including transportation to and from work)is unallowable as
fringe benefit:or indirect costs regardless of whether the cost is reported as taxable income to the
employees. These costs are allowable as direct costs to sponsored award when necessary for the
performance of the sponsored award and approved by awarding agencies.
h. Pension plan 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 policies meet the test of reasonableness;
(b) The methods of cost allocation are not discriminatory;
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(c)The cost assigned to each fiscal year is determined in accordance with generally accepted accounting
principles(GAAP), as prescribed in Accounting Principles Board Opinion No. 8 issued by the American
Institute of Certified Public Accountants; and
(d)The costs assigned to a given fiscal year are funded for all plan participants within six months after the
end of that year. However, increases to normal and past service pension costs caused by a delay in funding
the actuarial liability beyond 30 days after each quarter of the year to which such costs are assignable are
unallowable.
(2)Pension plan termination insurance premiums paid pursuant to the Employee Retirement Income
Security Act(ERISA)of 1974(Pub. L. 93-406)are allowable. Late payment charges on such premiums are
unallowable.
(3) Excise taxes on accumulated funding deficiencies and other penalties imposed under ERISA are _
unallowable.
is Incentive compensation. Incentive compensation to employees based on cost reduction, or efficient
performance, suggestion awards, safety awards, etc., are allowable to the extent that the overall
compensation is determined to be reasonable and such costs are paid or accrued pursuant to an agreement
entered into in good faith between the organization and the employees before the services were rendered,or
pursuant to an established plan followed by the organization so consistently as to imply, in effect, an
agreement to make such payment.
j.Overtime, extra-pay shift, and multi-shift premiums. See paragraph 32.
k. Severance pay. See paragraph 49.
1. Training and education costs. See paragraph 53.
m. Support of salaries and wages.
(1) Charges to awards for salaries and wages,whether treated as direct costs or indirect costs,will be based
on documented payrolls approved by a responsible official(s)of the organization. The distribution of
salaries and wages to awards must be supported by personnel activity reports, as prescribed in
subparagraph(2), except when a substitute system has been approved in writing by the cognizant agency.
(See subparagraph E.2.of Attachment A.)
. (2)Reports reflecting the distribution of activity ofieach employee must be maintained for all staff
members(professionals and nonprofessionals)whose compensation is charged, in whole•or in part,directly
to awards. In addition, in order to support the allocation of indirect costs, such reports must also be
maintained for other employees whose work involves two or more functions or activities if a distribution of
their compensation between such functions or activities is needed in the determination of the organization's
indirect cost rate(s) (e.g., an employee engaged part-time in indirect cost activities and part-time in a direct
function). Reports maintained by non-profit organizations to satisfy these requirements must meet the
following standards:
(a) The reports must reflect an after-the-fact determination of the actual activity of each employee.Budget
estimates(i.e., estimates determined before the services are performed)do not qualify as support for
charges to awards.
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(b)Each report must account for the total activity for which employees are compensated and which is
required in fulfillment of their obligations to the organization.
(c)The reports must be signed by the individual employee,or by.a responsible supervisory official having
first hand knowledge of the activities performed by the employee,that the distribution of activity represents
a reasonable estimate of the actual work performed by the employee during the periods covered by the
reports.
(d)The reports must be prepared at least monthly and must coincide with one or more pay periods.
(3)Charges for the salaries and wages of nonprofessional employees, in addition to the supporting
documentation described in subparagraphs(1) and(2),must also be supported by records indicating the
total number of hours worked each day maintained in conformance with Department of Labor regulations
implementing the Fair Labor Standards Act(FLSA)(29 CFR Part 516). For this purpose,the term
"nonprofessional employee" shall have the same meaning.as "nonexempt employee,"under FLSA.
(4)Salaries and wages of employees used in meeting cost sharing or matching requirements on awards
must be supported in the same manner as salaries and wages claimed for reimbursement from awarding
agencies.
8. Contingency provisions. Contributions to a contingency reserve or any similar provision made for
events the occurrence of which cannot be foretold with certainty as to time, intensity,or with an assurance
of their happening, are unallowable. The term "contingency reserve" excludes self-insurance reserves (see
subparagraphs 7.f(3) and 22.a(2)(d);pension funds(see subparagraph 7.h); and reserves for normal
severance pay(see subparagraph 49.b(1)).
9. Contributions. Contributions and donations by the organization to others are unallowable.
10.Defense and prosecution of criminal and civil proceedings,claims,appeals and patent
infringement.
a. Definitions.
(1)Conviction, as used herein,means a judgment or a conviction of a criminal offense by any court of
competent jurisdiction,whether entered upon as a verdict or a plea,including a conviction due to a plea of
nolo contendere.
(2)Costs include,but are not limited to, administrative and clerical expenses; the cost of legal services,
whether performed by in-house or private counsel; and the costs of the services of accountants,consultants,
or others retained by the organization to assist it; costs of employees,officers and trustees,and any similar
costs incurred before, during,and after commencement of a judicial or administrative proceeding that bears
a direct relationship to the proceedings.
(3)Fraud, as used herein, means(i) acts of fraud corruption or attempts to defraud the Federal.Government
or to corrupt its agents, (ii)acts that constitute a cause for debarment or suspension(as specified in agency
regulations), and(iii) acts which violate the False Claims Act, 31 U.S.C.,sections 3729-3731,or the
Anti-Kickback Act,41 U.S.C., sections 51 and 54.
(4)Penalty does not include restitution,reimbursement,or compensatory damages.
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(5)Proceeding includes an investigation.
b. (1)Except as otherwise described herein, costs incurred in connection with any criminal, civil or
administrative proceeding(including filing of a false certification)commenced by the Federal Government,
or a State, local or foreign government, are not allowable if the proceeding: (1)relates to a violation of, or
failure to comply with, a Federal, State, local or foreign statute or regulation by the organization(including
its agents and employees), and(2)results in any of the following dispositions:
(a)In a criminal proceeding, a conviction.
(b)In a civil or administrative proceeding involving an allegation of fraud or similar misconduct, a
determination of organizational liability.
(c)In the case of any civil or administrative proceeding,the imposition of a monetary penalty. -
(d)A final decision by an appropriate Federal official to debar or suspend the organization,to rescind or
void an award,or to terminate an award for default by reason of a violation or failure to comply with a law
or regulation.
(e)A disposition by consent or compromise,if the action could have resulted in any of the dispositions
described in(a), (b), (c)or(d).
(2)If more than one proceeding involves the same alleged misconduct,the costs of all such proceedings
shall be unallowable if any one of them results in one of the dispositions shown in subparagraph b.(1).
c. If a proceeding referred to in subparagraph b is commenced by the Federal Government and is resolved
by consent or compromise pursuant to an agreement entered into by the organization and the Federal
Government, then the costs incurred by the organization in connection with such proceedings that are
otherwise not allowable under subparagraph b may be allowed to the extent specifically provided in such
agreement.
d. If a proceeding referred to in subparagraph b is commenced by a State, local or foreign government,
the authorized Federal official may allow the costs incurred by the organization for such proceedings,if
such authorized official determines that the costs were incurred as a result of(1)a specific term or
condition of a federally-sponsored award, or(2)specific written direction of an authorized official of the
sponsoring agency.
e. Costs incurred in connection with proceedingsldescribed in subparagraph b,but which are not made
unallowable by that subparagraph, may be allowed by the Federal Government,but only to the extent that:
(1) The costs are reasonable in relation to the activities required to deal with the proceeding and the
underlying cause of action;
•
(2) Payment of the costs incurred, as allowable and allocable costs, is not prohibited by any other
provision(s) of the sponsored award;
(3) The costs are not otherwise recovered from the Federal Government or a third party, either directly as a
result of the proceeding or otherwise; and,
(4) The percentage of costs allowed does not exceed the percentage determined by an authorized Federal
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official to be appropriate, considering the complexity of the litigation, generally accepted principles
governing the award of legal fees in civil actions involving the United States as a party, and such other
factors as may be appropriate. Such percentage shall not exceed 80 percent.However,if an agreement
reached under subparagraph c has explicitly considered this 80 percent limitation and permitted a higher
percentage,then the full amount of costs resulting from that agreement shall be allowable.
f. Costs incurred by the organization in connection with the defense of suits brought by its employees or
ex-employees under section 2 of the Major Fraud Act of 1988 (Pub. L. 100-700), including the cost of all
relief necessary to make such employee whole,where the organization was found liable or settled, are
unallowable.
g. Costs of legal, accounting,and consultant services, and related costs, incurred in connection with
defense against Federal Government claims or appeals, antitrust suits,or the prosecution of claims or
appeals against the Federal Government, are unallowable.
h. Costs of legal, accounting, and consultant services, and related costs,incurred in connection with patent
infringement litigation, are unallowable unless otherwise provided for in the sponsored awards. •
-
i. Costs which may be unallowable under this paragraph,including directly associated costs, shall be
segregated and accounted for by the organization separately.During the pendency of any proceeding
covered by subparagraphs b and f,the Federal Government shall generally withhold payment of such
costs.However, if in the best interests of the Federal Government,the Federal Government may provide
for conditional payment upon provision of adequate security,or other adequate assurance, and agreements
by the organization to repay all unallowable costs,plus interest, if the costs are subsequently determined to
be unallowable.
11. Depreciation and use allowances.
a. Compensation for the use of buildings,other capital improvements, and equipment on hand may be
made through use allowances or depreciation. However,except as provided in subparagraph f,a
combination of the two methods may not be used in connection with a single class of fixed assets(e.g.,
buildings,office equipment,computer equipment, etc.).
b. The computation of use allowances or depreciation shall be based on the acquisition cost of the assets
involved.The acquisition cost of an asset donated to the organization by a third party shall be its fair
market value at the time of the donation.
c. The computation of use allowances or depreciation will exclude:
(1)The cost of land;
(2)Any portion of the cost of buildings and equipment borne by or donated by the Federal Government
irrespective of where title was originally vested or where it presently resides; and
•
(3) Any portion of the cost of buildings and equipment contributed by or for the organization in satisfaction
of a statutory matching requirement.
d. Where the use allowance method is followed,the use allowance for buildings and improvement
(including land improvements, such as paved parking areas, fences, and sidewalks)will be computed at an
annual rate not exceeding two percent of acquisition cost. The use allowance for equipment will be
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computed at an annual rate not exceeding six and two-thirds percent of acquisition cost. When the use
allowance method is used for buildings,the entire building must be treated as a single asset;the building's.
components(e.g., plumbing system,heating and air conditioning, etc.)cannot be segregated from the
building's shell. The two percent limitation,however,need not be applied to equipment which is merely
attached or fastened to the building but not permanently fixed to it and which is used as furnishings or
decorations or for specialized purposes(e.g., dentist chairs and dental treatment units, counters,laboratory
benches bolted to the floor, dishwashers, carpeting,etc.). Such equipment will be considered as not being
permanently fixed to the building if it can be removed without the need for costly or extensive alterations
or repairs to the building or the equipment. Equipment that meets these criteria will be subject to the six
and two-thirds percent equipment use allowance limitation.
e. Where depreciation method is followed, the period of useful service(useful life) established in each case
for usable capital assets must take.into consideration such factors as type of construction, nature of the
equipment used, technological developments in the particular program area, and the renewal and
replacement policies followed for the individual items or classes of assets involved. The method of
depreciation used to assign the cost of an asset(or group of assets)to accounting periods shall reflect the
pattern of consumption of the asset during its useful life. In the absence of clear evidence indicating that
the expected consumption of the asset will be significantly greater or lesser in the early portions of its
useful life than in the later portions, the straight-line method shall be presumed to be the appropriate
method. Depreciation methods once used shall not be changed unless approved in advance by the cognizant
Federal agency. When the depreciation method is introduced for application to assets previously subject to
a use allowance, the combination of use allowances and depreciation applicable to such assets must not
exceed the total acquisition cost of the assets. When the depreciation method is used for buildings,a
building's shell may be segregated from each building component(e.g.,plumbing system,heating, and air
conditioning system, etc.)and each item depreciated over its estimated useful life; or the entire building
(i.e., the shell and all components)may be treated as a single asset and depreciated over a single useful life.
f. When the depreciation method is used for a particular class of assets,no depreciation may be allowed on
any such assets that, under subparagraph e, would be viewed as fully depreciated. However, a reasonable
use allowance may be negotiated for such assets if warranted after taking into consideration the amount of
depreciation previously charged to the Federal Government, the estimated useful life remaining at time of
negotiation, the effect of any increased maintenance charges or decreased efficiency due to age, and any
other factors pertinent to the utilization of the asset for the purpose contemplated.
g. Charges for use allowances or depreciation must be supported by adequate property records and physical
inventories must be taken at least once every two years(a statistical sampling basis is acceptable)to ensure
that assets exist and are usable and needed. When the depreciation method is followed,adequate
depreciation records indicating the amount of depreciation taken each period must also be maintained.
12. Donations.
a. Services received.
(1)Donated or volunteer services may be furnished to an organization by professional and technical
personnel, consultants, and other skilled and unskilled labor. The value of these services is not
reimbursable either as a direct or indirect cost.
(2)The value of donated services utilized in the performance of a direct cost activity shall be considered in
the determination of the organization's indirect cost rate(s)and, accordingly, shall be allocated a
proportionate share of applicable indirect costs when the following circumstances exist:
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(a)The aggregate value of the services is material;
(b)The services are supported by a significant amount of the indirect costs incurred by the organization;
(c)The direct cost activity is not pursued primarily for the benefit of the Federal Government,
(3)In those instances where there is no basis for determining the fair market value of the services rendered,
the recipient and the cognizant agency shall negotiate an appropriate allocation of indirect cost to the
services.
(4)Where donated services directly benefit a project supported by an award, the indirect costs allocated to
the services will be considered as a part of the total costs of the project. Such indirect costs may be
reimbursed under the award or used to meet cost sharing or matching requirements.
(5)The value of the donated services may be used to meet cost sharing or matching requirements under
conditions described in Sec._.23 of Circular A-110. Where donated services are treated as indirect costs,
indirect cost rates will separate the value of the donations so that reimbursement will not be made.
(6)Fair market value of donated services shall be computed as follows:
(a)Rates for volunteer services. Rates for volunteers 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 other activities of the organization,the rates used shall be consistent with those paid for similar
work in the labor market in which the organization competes for such skills.
(b)Services donated by other organizations. When an employer donates the services of an employee,
these services shall be valued at the employee's regular rate of pay(exclusive of fringe benefits and indirect
costs),provided the services are in the 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).
b. Goods and space.
(1)Donated goods; i.e., expendable personal property/supplies, and donated use of space may be furnished
to an organization. The value of the goods and space is not reimbursable either as a direct or indirect cost.
(2)The value of the donations may be used to meet cost sharing or matching share requirements under the
conditions described in Sec. .23 of Circular.A-110. The value of the donations shall be determined in
accordance with Sec._.23 of Circular A-110. Where donations are treated as indirect costs,indirect cost
rates will separate the value of the donations so that reimbursement will not be made.
13. 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 improvement
of working conditions, employer-employee relations, employee morale, and employee performance are
allowable. Such costs will be equitably apportioned to all activities of the organization. Income generated
from any of these activities will be credited to the cost thereof unless such income has been irrevocably set
over to employee welfare organizations.
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14. Entertainment costs. Costs of amusement,diversion, social activities, ceremonials, and costs relating
thereto, such as meals,lodging,rentals, transportation,and gratuities are unallowable(but see paragraphs
13 and 30).
15.Equipment and other capital expenditures.
a. As used in this paragraph, the following terms have the meanings set forth below:
(1) "Equipment"means an article of nonexpendable, tangible personal property having a useful life of more
than one year and an acquisition cost which equals or exceeds the lesser of(a)the capitalization level
established by the organization for the financial statement purposes,or(b)$5000. The unamortized portion
of any equipment written off as a result of a change in capitalization levels may be recovered by continuing
to claim the otherwise allowable use allowances or depreciation on the equipment, or by amortizing the
amount to be written off over a period of years as negotiated with the Federal cognizant agency. _
(2)Acquisition cost means the net invoice unit price of an item of equipment, including the cost of any
modifications, attachments, accessories,or auxiliary apparatus necessary to make it usable for the purpose
for which it is acquired.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 written accounting practices.
(3) Special purpose equipment means equipment which is usable only for research,medical, scientific, or
technical activities. Examples of special purpose equipment include microscopes,x-ray machines, surgical
instruments, and spectrometers.
(4) General purpose equipment means equipment which is usable for other'than research,medical,
scientific,or technical activities,whether or not special modifications are needed to make them suitable for
a particular purpose. Examples of general purpose equipment include office equipment and furnishings, air
conditioning equipment,reproduction and printing equipment,motor vehicles, and automatic data
processing equipment.
b. (1)Capital expenditures for general purpose equipment are unallowable as a direct cost except with the
prior approval of the
pp awarding agency.
(2) Capital expenditures for special purpose equipment are allowable as direct costs,provided that items
with a unit cost of$5000 or more have the prior approval of awarding agency.
•
c. Capital expenditures for land or buildings are unallowable as a direct cost except with the prior approval
of the awarding agency.
d. Capital expenditures for improvements to land,buildings, or equipment which 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. However, see paragraph 11
for allowability of use allowances or depreciation on buildings, capital improvements, and equipment.
Also, see paragraph 46 for allowability of rental costs for land,buildings, and equipment.
16. Fines and penalties. Costs of fines and penalties resulting from violations of,or failure of the
organization to comply with Federal, State, and local laws and regulations are unallowable except when
incurred as a result of compliance with specific provisions of an award or instructions in writing from the
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awarding agency.
17. Fringe benefits. See subparagraph 7.f.
18. Goods or services for personal use. Costs of goods or services for personal use of the organization's
employees are unallowable regardless of whether the cost is reported as taxable income to the employees.
19. Housing and personal living expenses.
a. Costs of housing(e.g.,depreciation, maintenance,utilities, furnishings,rent, etc.),housing allowances
and personal living expenses for/of the organization's officers are unallowable as fringe benefit or indirect
costs regardless of whether the cost is reported as taxable income to the employees. These costs are
allowable as direct costs to sponsored award when necessary for the performance of the sponsored award
and approved by awarding agencies.
b. The term"officers" includes current and past officers and employees.
20. Idle facilities and idle capacity. •
a. As used in this paragraph,the following terms have the meanings set forth below:
(1) Facilities means land and buildings or any portion thereof, equipment individually or collectively, or
any other tangible capital asset,wherever located, and whether owned or leased by the-organization.
(2)Idle facilities means completely unused facilities that are excess to the organization's current needs.
(3)Idle capacity means the unused capacity of partially used facilities. It is the difference between that
which a facility could achieve under 100 percent operating time on a one-shift basis less operating
interruptions resulting from time lost for repairs, setups,unsatisfactory materials, and other normal delays,
and the extent to which the facility was actually used to meet demands during the accounting period.A
multi-shift basis may be used if it can be shown that this amount of usage could normally be expected for
the type of facility involved.
(4) Costs of idle facilities or idle capacity means costs such as maintenance,repair,housing,rent, and
other related costs, e.g.,property taxes, insurance, and depreciation or use allowances.
b. The costs of idle facilities are unallowable except to the extent that:
(1)They are necessary to meet fluctuations in workload; or
(2)Although not necessary to meet fluctuations in workload,they were necessary when acquired and are
now idle because of changes in program requirements, efforts to achieve more economical operations,
reorganization, termination,or other causes which could not have been reasonably foreseen. Under the
exception stated in this subparagraph, costs of idle facilities are allowable for a reasonable period of time,
ordinarily not to exceed one year,depending upon the initiative taken to use, lease,or dispose of such
facilities(but see subparagraphs 48.b and d).
c. The costs of idle capacity are normal costs of doing business and are a factor in the normal fluctuations
of usage or indirect cost rates from period to period. Such costs are allowable,provided the capacity is
reasonably anticipated to be necessary or was originally reasonable and is not subject to reduction or
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elimination by subletting, renting, or sale, in accordance with sound business, economics, or security
practices. Widespread idle capacity throughout an entire facilityor amonga
group of assets having
substantially the same function may be idle facilities.
21. Independent research and development. [Reserved]
22.Insurance and indemnification.
a.Insurance includes insurance which the organization is required to carry,or which is approved,under the
terms of the award and any other insurance which the organization maintains in connection with the
general conduct of its operations. This paragraph does not apply to insurance which represents fringe
benefits for employees(see subparagraphs 7.f and 7.h(2)).
(1)Costs of insurance required or approved, and maintained,pursuant to the award are allowable.
(2) Costs of other insurance maintained by the organization in connection with the general conduct of its
operations are allowable subject to the following limitations:
(a)Types and extent of coverage shall be in accordance with sound business practice and the rates and
premiums shall be reasonable under the circumstances.
(b) Costs allowed for business interruption or other similar insurance shall be limited to exclude coverage
of management fees.
(c) Costs of insurance or of any provisions for a reserve covering the risk of loss or damage to Federal
property are allowable only to the extent that the organization is liable for such loss or damage.
(d)Provisions for a reserve under a self-insurance program are allowable to the extent that types of
coverage,extent of coverage,rates, and premiums would have been allowed had insurance been purchased
to cover the risks. However,provision for known or reasonably estimated self-insured liabilities,which do
not become payable for more than one year after the provision is made, shall not exceed the present value
of the liability.
(e) Costs of insurance on the lives of trustees, officers,or other employees holding positions of similar
responsibilities .p bilities are allowable only.to the extent that the insurance represents.additional
subparagraph .eP. compensation(see
7.f(4)). The cost of such insurance when the organization is identified as the benefic
iary is
unallowable.
(f) Insurance against defects. Costs of insurance with respect to any costs incurred to correct defects in the
organization's materials or workmanship are unallowable.
(g)Medical liability(malpractice)insurance. Medical liability insurance~is an allowable cost of Federal
research programs only to the extent that the Federal research programs involve human subjects or training
of participants in research techniques. Medical liability insurance costs shall be treated as a direct cost and
shall be assigned to individual projects based on the manner in which the insurer allocates the risk to the
population covered by the insurance.
(3) Actual losses which could have been covered by permissible insurance(through the purchase of
insurance or a self-insurance program)are unallowable unless expressly p Y provided for in the award,except:
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(a) Costs incurred because of losses not covered under nominal deductible insurance coverage provided in
keeping with sound business practice are allowable. .
(b)Minor losses not covered by insurance, such as spoilage,breakage, and disappearance of supplies,
which occur in the ordinary course of operations, are allowable.
b. Indemnification includes securing the organization against liabilities to third persons and any other loss
or damage,not compensated by insurance or otherwise. The Federal Government is obligated to indemnify
the organization only to the extent expressly provided in the award.
23. Interest,fundraising, and investment management costs.
a. Interest.
(1) Costs incurred for interest on borrowed capital or temporary use of endowment funds,however
represented, are unallowable. However, interest on debt incurred after the effective date of this revision to
acquire or replace capital assets(including renovations,alterations, equipment, land, and capital assets
acquired through capital leases),acquired after the effective date of this revision and used in support of
sponsored agreements is allowable,provided that:
(a)For facilities acquisitions (excluding renovations and alterations)costing over$10 million where the
Federal Government's reimbursement is expected to equal or exceed 40 percent of an asset's cost,the
non-profit organization prepares,prior to the acquisition or replacement of the capital asset(s), a
justification that demonstrates the need for the facility in,the conduct of federally-sponsored activities.
Upon request,the needs justification must be provided to the Federal agency with cost cognizance
authority as a prerequisite to the continued allowability of interest on debt and depreciation related to the
facility. The needs justification for the acquisition of a facility should include, at a minimum,the
following:
A statement of purpose and justification forr facility acquisition or replacement
A statement as to why current facilities are not adequate
A statement of planned future use of the facility
A description of the financing agreement to be arranged for the facility
A summary of the building contract with estimated cost information and statement of source and use of
funds
A schedule of planned occupancy dates
(b)For facilities costing over$500,000,the non-profit organization prepares,prior to the acquisition or
replacement of the facility, a lease/purchase analysis in accordance with the provisions of Sec._.30
through_.37 of Circular A-110,which shows that a financed purchase or capital lease is less costly to the
organization than other leasing alternatives, on a net present value basis. Discount rates used should be
equal to the non-profit organization's anticipated interest rates and should be no higher than the fair market
rate available to the non-profit organization from an unrelated("arm's length")third-party. The
lease/purchase analysis shall include a comparison of the net present value of the projected total cost
comparisons of both alternatives over the period the asset is expected to be used by the non-profit
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organization. The cost comparisons associated with purchasing the facility shall include the estimated
purchase price,anticipated operating and maintenance costs(including property taxes, if applicable)not
included in the debt financing, less any estimated asset salvage value at the end of the period defined
above. The cost comparison for a capital lease shall include the estimated total lease payments, any
estimated bargain purchase option, operating and maintenance costs, and taxes not included in the capital
leasing.arrangement, less any estimated credits due under the lease at the end of the period defined above.
Projected operating lease costs shall be based on the anticipated cost of leasing comparable facilities at fair
market rates under rental agreements that would be renewed or reestablished over the period defined above,
and any expected maintenance costs and allowable property taxes to be borne by the non-profit
organization directly or as part of the lease arrangement.
(c)The actual interest cost claimed is predicated upon interest rates that are no higher than the fair market
rate available to the non-profit organization from an unrelated("arm's length")third party.
(d) Investment earnings,including interest income, on bond or loan principal,pending payment of the
construction or acquisition costs, are used to offset allowable interest cost. Arbitrage earnings reportable to
the Internal Revenue Service are not required to be offset against allowable interest costs.
•
(e)Reimbursements are limited to the least costly alternative based on the total cost analysis required under
subparagraph (b). For example, if an operating lease is determined to be less costly than purchasing
through debt financing, then reimbursement is limited to the amount determined if leasing had been used.
In all cases where a lease/purchase analysis is performed,Federal reimbursement shall be based upon the
least expensive alternative.
(f)Non-profit organizations are also subject to the following conditions:
(i)Interest on debt incurred to finance or refinance assets acquired before or reacquired after the effective
date of this Circular is not allowable.
(ii)For debt arrangements over$1 million,unless the non-profit organization makes an initial equity
contribution to the asset purchase of 25 percent or more,non-profit organizations shall reduce claims for
interest expense by an amount equal to imputed interest earnings on excess cash flow, which is to be
calculated as follows. Annually,non-profit organizations shall prepare a cumulative(from the inception of
the project)report of monthly cash flows that includes inflows and outflows, regardless of the funding
source. Inflows consist of depreciation expense, amortization of capitalized construction.interest, and
annual interest expense. For cash flow calculations,the annual inflow figures shall be divided by the
number of months in the year(usually 12)that the building is in service for monthly amounts. Outflows
consist of initial equity contributions,debt principal payments(less the pro rata share attributable to the
unallowable costs of land) and interest payments. Where cumulative inflows exceed cumulative outflows,
interest shall be calculated on the excess inflows for that period and be treated as a reduction to allowable
interest expense. The rate of interest to be used to compute earnings on excess cash flows shall be the three
month Treasury Bill closing rate as of the last business day of that month.
(iii) Substantial relocation of federally-sponsored activities from a facility financed by indebtedness, the
cost of which was funded in whole or part through Federal reimbursements,to another facility prior to the
expiration of a period of 20 years requires notice to the Federal cognizant agency. The extent of the
relocation, the amount of the Federal participation in the financing, and the depreciation and interest
charged to date may require negotiation and/or downward adjustments of replacement space charged to
Federal programs in the future.
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(iv)The allowable costs to acquire facilities and equipment are limited to a fair market value available to
the non-profit organization from an unrelated("arm's length")third party.
(2)For non-profit organizations subject to "full coverage"'under the Cost Accounting Standards(CAS) as
defined at 48 CFR 9903.201, the interest allowability provisions of subparagraph a do not apply. Instead,
these organizations'sponsored agreements are subject.to CAS 414 (48 CFR 9903.414),cost of money as an
element of the cost of facilities capital, and CAS 417(48 CFR 9903.417), cost of money as an element of
the cost of capital assets under construction.
(3)The following definitions are to be used for purposes of paragraph 23:
(a)Re-acquired assets means assets held by the non-profit organization prior to the effective date of this
revision that have again come to be held by the organization,whether through repurchase or refinancing. It
does not include assets acquired to replace older assets.
(b)Initial equity contribution means the amount or value of contributions made by non-Federal entities
for the acquisition of the asset or prior to occupancy of facilities.
(c)Asset costs means the capitalizable costs of an asset, including construction costs, acquisition costs, and
other such costs capitalized in accordance with GAAP.
b. Costs of organized fundraising, including financial campaigns, endowment drives, solicitation of gifts
and bequests, and similar expenses incurred solely to raise capital or obtain contributions are unallowable.
c. Costs of investment counsel and staff and similar expenses incurred solely to enhance income from
investments are unallowable.
d. Fundraising and investment activities shall be allocated an appropriate share of indirect costs under the
conditions described in subparagraph B.3 of Attachment A.
24. Labor relations costs. Costs incurred in maintaining satisfactory relations between the organization
and its employees,including costs of labor management committees,employee publications, and other
related activities are allowable. •
25. Lobbying.
a. Notwithstanding other provisions of this Circular, costs associated with the following activities are
unallowable:
(1)Attempts to influence the outcomes of any Federal, State,or local election,referendum,initiative,or
similar procedure, through in kind or cash contributions, endorsements,publicity, or similar activity;
(2)Establishing, administering,contributing to,or paying the expenses of a political party,campaign,
political action committee, or other organization established for the purpose of influencing the outcomes of
elections;
•
(3)Any attempt to influence: (i)The introduction of Federal or State legislation; or(ii)the enactment or
modification of any pending Federal or State legislation through communication with any member or
employee of the Congress or State legislature(including efforts to influence State or local officials to
engage in similar lobbying activity), or with any Government official or employee in connection with a
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decision to sign or veto enrolled legislation;
(4)Any attempt to influence: (i) The introduction of Federal or State legislation; or(ii)the enactment or
modification of any pending Federal or State legislation by preparing, distributing or using publicity or
propaganda, or by urging members of the general public or any segment thereof to contribute to or
participate in any mass demonstration, march, rally, fundraising drive, lobbying campaign or letter writing
or telephone campaign; or
(5)Legislative liaison activities, including attendance at legislative sessions or committee hearings,
gathering information regarding legislation,and analyzing the effect of legislation, when such activities are
carried on in support of or in knowing preparation for an effort to engage in unallowable lobbying.
b. The following activities are excepted from the coverage of subparagraph a:
(1)Providing a technical and factual presentation of information on a topic directly related to the
performance of a grant, contract or other agreement through hearing testimony, statements or letters to the.
Congress or a State legislature, or subdivision, member, or cognizant staff member thereof,in response to a
documented request(including a Congressional Record notice requesting testimony or statements for the
record at a regularly scheduled hearing)made by the recipient member, legislative body or subdivision, or a
cognizant staff member thereof;provided such information is readily obtainable and can be readily put in
deliverable form; and further provided that costs under this section for travel, lodging or meals are
unallowable unless incurred to offer testimony at a regularly scheduled Congressional hearing pursuant to a
written request for such presentation made by the Chairman or Ranking Minority Member of the
Committee or Subcommittee conducting such hearing.
(2)Any lobbying made unallowable by subparagraph a(3)to influence State legislation in order to
directly reduce the cost, or to avoid material impairment of the organization's authority to perform the
grant,contract, or other agreement.
(3)Any activity specifically authorized by statute to be undertaken with funds from the grant,contract, or.
other agreement.
c. (I)When an organization seeks reimbursement for indirect costs,total lobbying costs shall be separately
identified in the indirect cost rate proposal, and thereafter treated as other unallowable activity costs in
accordance with the procedures of subparagraph B.3 of Attachment A.
(2) Organizations shall submit, as part of the annual indirect cost rate proposal, a certification that the
requirements and standards of this paragraph have been complied with.
(3) Organizations shall maintain adequate records to demonstrate that the determination of costs as being
allowable or unallowable pursuant to paragraph 25 complies with the requirements of this Circular.
(4) Time logs, calendars, or similar records shall not be required to be created for purposes of complying
with this paragraph during any particular calendar month when: (1)the employee engages in lobbying(as
defined in subparagraphs(a) and (b)) 25 percent or less of the employee's compensated hours of
employment during that calendar month, and(2)within the preceding five-year period,the organization has
not materially misstated allowable or unallowable costs of any nature,including legislative lobbying costs.
When conditions(1) and (2) are met, organizations are not required to establish records to support the
allowabliliy of claimed costs in addition to records already required or maintained. Also,when conditions
(1) and (2)are met, the absence of time logs, calendars, or similar records will not serve as a basis for
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disallowing costs by contesting estimates of lobbying time spent by employees during a calendar month.
(5)Agencies shall establish procedures for resolving in advance, in consultation with OMB, any significant
questions or disagreements concerning the interpretation or application of paragraph 25.Any such
advance resolution shall be binding in any subsequent settlements, audits or investigations with respect to
that grant or contract for purposes of interpretation of this Circular; provided,however,that this shall not
be construed to prevent a contractor or grantee from contesting the lawfulness of such a determination.
26. Losses on other awards. Any excess of costs over income on any award is unallowable as a cost of
any other award. This includes,but is not limited to,the organization's contributed portion by reason of
cost sharing agreements or any under-recoveries through negotiation of lump sums for, or ceilings on,
indirect costs.
27. Maintenance and repair costs. Costs incurred'for necessary maintenance,repair, or upkeep of
buildings and equipment(including Federal property unless otherwise provided for)which neither add to
the permanent value of the property nor appreciably prolong its intended life,but keep it in an efficient
operating condition,are allowable. Costs incurred for improvements which add to the permanent value of
the buildings and equipment or appreciably prolong their intended life shall be treated as capital
expenditures(see paragraph 15).
28. Materials and supplies. The costs of materials and supplies necessary to carry out an award are
allowable. Such costs should be charged at their actual prices after deducting all cash discounts,trade
discounts,rebates, and allowances received by the organization. Withdrawals from general stores or
stockrooms should be charged at cost under any recognized method of pricing consistently applied.
Incoming transportation charges may be a proper part of material cost. Materials and supplies charged as a
direct cost should include only the materials and supplies actually used for the performance of the contract
or grant,and due credit should be given for any excess materials or supplies retained, or returned to
vendors.
29. Meetings and conferences.
a. Costs associated with the conduct of meetings and conferences include the cost of renting facilities,
meals, speakers' fees,and the like. But see paragraph 14,Entertainment costs,and paragraph 34,
Participant support costs.
b. To the extent that these costs are identifiable with a particular cost objective,they should be charged to
that objective(see paragraph B of Attachment A). These costs are allowable,provided that they meet the
general tests of allowability, shown in paragraph A of Attachment A to this Circular.
c. Costs of meetings and conferences held to conduct the general administration of the organization are
allowable.
30. Memberships,subscriptions,and professional activity costs.
a. Costs of the organization's membership in business,technical, and professional organizations are
allowable.
b. Costs of the organization's subscriptions to business,professional, and technical periodicals are
allowable.
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C. Costs of meetings and conferences,when the primary purpose is the dissemination of technical
information, are allowable. This includes costs of meals, transportation, rental of facilities,and`other items
incidental to such meetings or conferences.
d. Costs of membership in any civic or community organization are allowable with prior approval by
Federal cognizant agency.
e. Costs of membership in any country club or social or dining club or organization are unallowable.
31. Organization costs. Expenditures, such as incorporation fees, brokers'fees, fees to promoters,
organizers or management consultants, attorneys, accounta
nts,, or investment counselors, whether or not
employees of the organization, in connection with establishment or reorganization of an organization, are
unallowable except with prior approval of the awarding agency.
32. Overtime,extra-pay shift, and multi-shift premiums. Premiums for overtime, extra-pay shifts, and
multi-shift work are allowable only with the prior approval of the awarding agency except:
a. When necessary to cope with emergencies, such as those resulting from accidents,natural disasters,
breakdowns of equipment,or occasional operational bottlenecks of a sporadic nature.
b. When employees are performing indirect functions, such as administration,maintenance, or accounting.
c. In the performance of tests, laboratory procedures, or other similar operations which are continuous in
nature and cannot reasonably be interrupted or otherwise completed.
d. When lower overall cost to the Federal Government will result.
•
33. Page charges in professional journals. Page charges for professional journal publications are
allowable as a necessary part of research costs,where:
a. The research papers report work supported by the Federal Government; and
b. The charges are levied impartially on all research papers published by the journal, whether or not by
federally-sponsored authors.
34. Participant support costs. Participant support costs are direct costs for items such as stipends or
subsistence allowances, travel allowances, and registration fees paid to or on behalf of participants or
trainees (but not employees)in connection with meetings, conferences, symposia,or training projects.
These costs are allowable with the prior approval of the awarding agency.
35. Patent costs. •
a. Costs of(i)preparing disclosures, reports, and other documents required by the award and of searching
the art to the extent necessary to make such disclosures, (ii)preparing documents and any other patent costs
in connection with the filing and prosecution of a United States patent application where title or
royalty-free license is required by the Federal Government to be conveyed to the Federal Government, and
(iii)general counseling services relating to patent and copyright matters, such as advice on patent and
copyright laws, regulations, clauses, and employee agreements are allowable(but see paragraph 39).
b. Cost of preparing disclosures, reports, and other documents and of searching the art to the extent
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necessary to make disclosures,if not required by the award, are unallowable. Costs in connection with(i)
filing and prosecuting any foreign patent application,or(ii)any United States patent application,where the
award does not require conveying title or a royalty-free license to the Federal Government, are unallowable
(also see paragraph 47).
36.Pension plans. See subparagraph 7.h.
37. Plant security costs.Necessary expenses incurred to comply with Federal security requirements or for
facilities protection, including wages,uniforms, and equipment of personnel are allowable.
38. Pre-award costs. Pre-award costs are those incurred prior to the effective date of the award directly
pursuant to the negotiation and in anticipation of the award where such costs are necessary to comply with
the proposed delivery schedule or period of performance. Such costs are allowable only to the extent that
they would have been allowable if incurred after the date of the award and only with the written approval
of the awarding agency.
39.Professional service costs.
a. Costs of professional and consultant services rendered by persons who are members of a particular
profession or possess a special skill, and who are not officers or employees of the organization, are
allowable, subject to subparagraphs b and c when reasonable in relation to the services rendered and
when not contingent upon recovery of the costs from the Federal Government.
b.In determining the allowability of costs in a particular case,no single factor or any special combination
of factors is necessarily determinative. However,the following factors are relevant:
(1)The nature and scope of the service rendered in relation to the service required.
(2)The necessity of contracting for the service,considering the organization's capability in the particular
area.
(3)The past pattern of such costs,particularly in the years prior to Federal awards.
(4)The impact of Federal awards on the organization's business(i.e.,what new problems have arisen).
(5)Whether the proportion of Federal work to the organization's total business is such as to influence the
organization in favor of incurring the cost,particularly where the services rendered are not of a continuing
nature and have little relationship to work under Federal grants and contracts,.
(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 customary fees charged,
especially on non-Federal awards.
(8)Adequacy of the contractual agreement for the service(e.g.,description of the service, estimate of time
required,rate of compensation, and termination provisions).
c. In addition to the factors in subparagraph b,retainer fees to be allowable must be supported by
evidence of bona fide services available or rendered.
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40. Profits and losses on disposition of depreciable property or other capital assets.
a. (1) Gains and losses on sale,retirement,or other disposition of depreciable property shall be included in
the year in which they occur as credits or charges to cost grouping(s)in which the depreciation applicable
to such property was included. The amount of the gain or loss to be included as a credit or charge to the
appropriate cost grouping(s)shall be the difference between the amount realized on the property and the
undepreciated basis of the property.
(2)Gains and losses on the disposition of depreciable property shall not be recognized as a separate credit
or charge under the following conditions:
(a)The gain or loss is processed through a depreciation reserve account and is reflected in the depreciation
allowable under paragraph 11.
(b)The property is given in exchange as part of the purchase price of a similar item and the gain or loss is
taken into account in determining the depreciation cost basis of the new item.
(c)A loss results from the failure to maintain permissible insurance, except as otherwise provided in
subparagraph 22.a(3). •
(d) Compensation for the use of the property was provided through use allowances in lieu of depreciation
in accordance with paragraph 11.
(e) Gains and losses arising from mass or extraordinary sales,retirements,or other dispositions shall be
considered on a case-by-case basis.
b. Gains or losses of any nature arising from the sale or exchange of property other than the property
covered in subparagraph a shall be excluded in computing award costs.
41. Publication and printing costs.
a. Publication costs include the costs of printing(including the processes of composition, plate-making,
press work,binding, and the end products produced by such processes), distribution,promotion,mailing,
and general handling.
b. If these costs are not identifiable with a particular cost objective,they should be allocated as indirect
costs to all benefiting activities of the organization.
c. Publication and printing costs are unallowable as direct costs except with the prior approval of the
awarding agency. .
d. The cost of page charges in journals is addressed paragraph 33.
42. Rearrangement and alteration costs. Costs incurred for ordinary or normal rearrangement and
alteration of facilities are allowable. Special arrangement and alteration costs incurred specifically for the
project are allowable with the prior approval of the awarding agency.
43. Reconversion costs. Costs incurred in the restoration or rehabilitation of the organization's facilities to
approximately the same condition existing immediately prior to commencement of Federal awards, fair
wear and tear excepted, are allowable.
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44. Recruiting costs.
a. Subject to subparagraphs b,c,and d, and provided that the size of the-staff recruited and maintained is
in keeping with workload requirements,costs of"help wanted" advertising, operating costs of an
employment office necessary to secure and maintain an adequate staff,costs of operating an aptitude and
educational testing program, travel costs of employees while engaged in recruiting personnel, travel costs
of applicants for interviews for prospective employment, and relocation costs incurred incident to
recruitment of new employees,are allowable to the extent that such costs are incurred pursuant to a
well-managed recruitment program. Where the organization uses employment agencies,costs that are not
in excess of standard commercial rates for such services are allowable.
b. In publications,costs of help wanted advertising that includes color, includes advertising material for
other than recruitment purposes, or is excessive in size(taking into consideration recruitment purposes for
which intended and normal organizational practices in this respect),are unallowable.
c. Costs of help wanted advertising, special emoluments, fringe benefits, and salary allowances incurred to
attract professional personnel from other organizations that do not meet the test of reasonableness or do not
conform with the established practices of the organization, are unallowable.
d. Where relocation costs incurred incident to recruitment of a new employee have been allowed either as
an allocable direct or indirect cost, and the newly hired employee resigns for reasons within his control
within twelve months after being hired, the organization will be required to refund or credit such relocation
costs to the Federal Government.
45.Relocation costs.
a. Relocation costs are costs incident to the permanent change of duty assignment(for an indefinite period
or for a stated period of not less than 12 months)of an existing employee or upon recruitment of a new
employee. Relocation costs are allowable, subject to the limitation described in subparagraphs b, c, and
d,provided that:
(1)The move is for the benefit of the employer.
(2)Reimbursement to the employee is in accordance with an established written policy consistently
followed by the employer.
•
(3)The reimbursement does not exceed the employee's actual(or reasonably estimated)expenses.
b. Allowable relocation costs for current employees are limited to the following:
(1)The costs of transportation of the employee, members of his immediate family and his household, and
personal effects to the new location.
(2)The costs of finding a new home, such as advance trips by employees and spouses to locate living
quarters and temporary lodging during the transition period, up to maximum period of 30 days, including
advance trip time.
(3)Closing costs, such as brokerage, legal, and appraisal fees, incident to the disposition of the employee's
former home.These costs, together with those described in(4), are limited to 8 per cent of the sales price
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of the employee's former home.
(4)The continuing costs of ownership of the vacant former home after the settlement or lease date of the
employee's new permanent home,such as maintenance of buildings and grounds(exclusive'of fixing up
expenses),utilities, taxes, and property insurance.
(5)Other necessary and reasonable expenses normally incident to relocation, such as the costs of canceling
an unexpired lease, disconnecting and reinstalling household appliances, and purchasing insurance against
loss of or damages to personal property. The cost of canceling an unexpired lease is limited to three times
the monthly rental.
c. Allowable relocation costs for new employees are limited to those described in(1)and(2) of
subparagraph b. When relocation costs incurred incident to the recruitment of new employees have been
allowed either as a direct or indirect cost and the employee resigns for reasons within his control within 12
months after hire, the organization shall refund or credit the Federal 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 55 and not relocation costs for the purpose of this paragraph if 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 related to relocation are unallowable:
(1)Fees and other costs associated with acquiring a new home.
(2)A loss an the sale of a former home.
(3)Continuing mortgage principal and interest payments on a home being sold.
(4)Income taxes.paid by an employee related to reimbursed relocation costs.
46. Rental costs.
a. Subject to the limitations described in subparagraphs b through d;rental costs are allowable to the
extent that the rates are reasonable in light of such factors as: rental costs of comparable property,if any;
market conditions in the area; alternatives available; and the type, life expectancy, condition, and value of
the property leased. .
b. Rental costs under sale and leaseback arrangements are allowable only up to the amount that would be
allowed had the organization continued to own the..property.
c. Rental costs under less-than-arms-length leases are allowable only up to the amount that would be.
allowed had title to the proPerty vested in the organization. For this purpose,a less-than-arms-length lease
is one under which one party to the lease agreement is able to control or substantially influence the.actions
of the other. Such leases include, but are not limited to those between(i).divisions of an organization; (ii)
organizations under common control through common officers, directors, or members; and(iii)an
organization and a director, trustee, officer, or key employee of the organization or his immediate family
either directly or through corporations, trusts, or similar arrangements in which they hold a controlling
interest.
d. Rental costs under leases which are required to be treated as capital leases under GAAP, are allowable
only up to the amount that would be allowed had the organization purchased the property on the date the
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lease agreement was executed, i.e.,to the amount that minimally would pay for depreciation or use
allowances, maintenance,taxes, and insurance. Interest costs related to capitalized leases are allowable to
the extent they meet criteria in subparagraph 23.a. Unallowable costs include amounts paid for profit,
management fees, and taxes that would not have been incurred had the organization purchased the facility.
47. Royalties and other costs for use of patents and copyrights.
a. Royalties on a patent or copyright or amortization of the cost of acquiring by purchase a copyright,
patent, or rights thereto,necessary for the proper performance of the award are allowable unless:
(1)The Federal Government has a 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 patent or copyright is considered to be unenforceable.
(4)The patent or copyright is expired.
b. Special care should be exercised in determining reasonableness where the royalties may have arrived at
as a result of less-than-arms-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 Federal award 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 royalty
allowed should not exceed the cost which would have been allowed had the organization retained title
thereto.
48. Selling and marketing. Costs of selling and marketing any products or services of the organization
(unless allowed under paragraph 1 as allowable public relations costs)are unallowable. These costs,
however,are allowable as direct costs,with prior approval by awarding agencies,when they are necessary
for the performance.of Federal programs.
•
49.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 to the extent that in each case, it is required by(i)law, (ii) employer-employee agreement,
(iii) established policy that constitutes, in effect, an implied agreement on the organization's part,or(iv)
circumstances of the particular employment.
•
b. Costs of severance payments are divided into two categories as follows:
(1)Actual normal turnover severance payments shall be allocated to all activities; or,where the
organization provides for a reserve for normal severances,such method will be acceptable if the charge to
•
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current operations is reasonable in light of payments actually made for normal severances over a
representative past period, and if amounts charged are allocated to all activities of the organization.
(2)Abnormal or mass severance pay is of such a conjectural nature that measurement of costs by means of
an accrual will not achieve equity to both parties. Thus,accruals for this purpose are not allowable.
However,the Federal Government recognizes its obligation to participate, to the extent of its fair share,in
any specific payment. Thus, allowability will be considered on a case-by-case basis in the event or
occurrence.
c. Costs incurred in certain severance pay packages(commonly known as "a golden parachute"payment)
which are in an amount in excess of the normal severance pay paid by the organization to an employee
upon termination of employment and are paid to the employee contingent upon a change in management
control over, or ownership of, the organization's assets are unallowable.
d. Severance payments to foreign nationals employed by the organization outside the United States,to the
extent that the amount exceeds.the customary or prevailing practices for the organization in the United
States are unallowable,unless they are necessary for the performance of Federal programs and approved by
awarding agencies.
e. Severance payments to foreign nationals employed by the organization outside the United.States due to
the termination of the foreign national as a result of the closing of, or curtailment of activities by,the
organization in that country, are unallowable, unless they are necessary for the performance of Federal
programs and approved by awarding agencies.
50. Specialized service facilities.
a. The costs of services provided by highly complex or specialized facilities operated by the organization,
such as electronic computers and wind tunnels, are allowable,provided the charges for the services meet
the conditions of either subparagraph b or c and, in addition,take into account any items of income or
Federal financing that qualify as applicable credits under subparagraph A.5 of Attachment A.
b. The costs of such services, when material, must be charged directly to applicable awards based on actual
usage of the services on the basis of a schedule of rates or established methodology that(i) does not
discriminate against federally-supported activities of the organization, including usage by the organization
for internal purposes,and(ii) is designed to recover onlythe aggregate costs of the services. The costs of
each service shall consist normally of both its direct costs and its allocable share of all indirect costs.
Advance agreements pursuant to subparagraph A.6 of Attachment 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.
51. Taxes.
a. In general, taxes which the organization is required to pay and which are paid or accrued in accordance
with GAAP,and payments 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 directly or which are available to the organization based on an exemption afforded the
Federal Government and in the latter case when the awarding agency makes available the necessary
exemption certificates,(ii) special assessments on land which represent capital improvements, and(iii)
Federal income taxes.
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1. 1
b. Any refund of taxes, and any payment to the organization of interest thereon,which were allowed as
award costs,will be credited either as a cost reduction or cash refund, as appropriate,to the Federal
Government.
52. Termination costs. Termination of awards generally give rise to the incurrence of costs, or the need for
special treatment of costs,which would not have arisen had the award not been terminated. Cost principles
covering these items are set forth below. They are to be used in conjunction with the other provisions of
this Circular in termination situations.
a. Common items. The cost of items reasonably usable on the organization's other work shall not be
allowable unless the organization submits evidence that it would not retain such items at cost without
sustaining a loss. In deciding whether such items are reasonably usable on other work of the organization,
the awarding agency should consider the organization's plans and orders for current and scheduled activity.
Contemporaneous purchases of common items by the organization shall be regarded as evidence that such
items are reasonably usable on the organization's other work.Any acceptance of common items as
allocable to the terminated portion of the award shall be limited to the extent that the quantities of such
items on hand, in transit, and on order are in excess of the reasonable quantitative requirements of other
work.
b. Costs continuing after termination. If in a particular case,despite all reasonable efforts by the
organization, certain costs cannot be discontinued immediately after the effective date of termination, such
costs are generally allowable within the limitations set forth in this Circular, except that any such costs •
continuing after termination due to the negligent or willful failure of the organization to discontinue such
costs shall be unallowable.
c. Loss of useful value. Loss of useful value of special tooling,machinery and equipment which was not
charged to the award as a capital expenditure is generally allowable if:
•
(1) Such special tooling, machinery,or equipment is not reasonably capable of use in the other work of the
organization.
(2)The interest of the Federal Government is protected by transfer of title or by other means deemed
appropriate by the awarding agency;
d. Rental costs. Rental costs under unexpired leases are generally allowable where clearly shown to have
been reasonably necessary for the performance of the terminated award less the residual value of such
leases, if(i)the amount of such rental claimed does not exceed the reasonable use value of the property
leased for the period of the award and such further period as may be reasonable, and(ii)the organization
makes all reasonable efforts to terminate, assign, settle,or otherwise reduce the cost of such lease. There
also maybe included the cost of alterations of such leased property,provided such alterations were
necessary for the performance of the award, and of reasonable restoration required by the provisions of the
lease.
e. Settlement expenses. Settlement expenses including the following are generally allowable:
(1)Accounting, legal, clerical, and similar costs reasonably necessary for:
(a)The preparation and presentation to awarding agency of settlement claims and supporting data with
respect to the terminated portion of the award, unless the termination is for default(see Sec. _.61 of
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Circular A-110); and
(b)The termination and settlement of subawards.
(2)Reasonable costs for the storage,transportation,protection, and disposition of property provided by the
Federal Government or acquired or produced for the award, except when grantees or contractors are
reimbursed for disposals at a predetermined amount in accordance with Sec. .30 through .37 of
Circular A-110.
•
(3)Indirect costs related to salaries and wages incurred as settlement expenses in subparagraphs(1) and
(2).Normally,such indirect costs shall be limited to fringe benefits, occupancy cost, and immediate
supervision.
f. Claims under subawards. Claims under subawards, including the allocable portion of claims which are
common to the award, and to other work of the organization are generally allowable. An appropriate share
of the organization's indirect expense may be allocated to the amount of settlements with subcontractors
and/or subgrantees,provided that the amount allocated is otherwise consistent with the basic guidelines
contained in Attachment A. The indirect expense so allocated shall exclude the same and similar costs
claimed directly or indirectly as settlement expenses.
53. Training and education costs.
a. Costs of preparation and maintenance of a program of instruction including but not limited to on-the-job,
classroom, and apprenticeship training,designed to increase the vocational effectiveness of employees,.
including training materials, textbooks, salaries or wages of trainees(excluding overtime compensation
which might arise therefrom), and(i) salaries of the director of training and staff when the training program
is conducted by the organization; or(ii)tuition and fees when the training is in an institution not operated
by the organization,are allowable.
b. Costs of part-time education, at an undergraduate or post-graduate college level, including that provided
at the organization's own facilities, are allowable only
when the course or degree pursued is relative to the
field in which the employee is now working or may reasonably be expected to work, and are limited to:
(1)Training materials.
(2)Textbooks.
(3)Fees charges by the educational institution. Y
(4) Tuition charged by the educational institution or, in lieu of tuition, instructors'salaries and the related
share of indirect costs of the educational institution to the extent that the sum thereof is not in excess of the
tuition which would have been paid to the participating educational institution.
(5) Salaries and related costs of instructors who are employees of the organization.
(6) Straight-time compensation of each employee for time spent attending classes during working hours not
in excess of 156 hours per year and only to the extent that circumstances do not permit the operation of
classes or attendance at classes after regular working hours; otherwise,such compensation is unallowable.
c. Costs of tuition, fees, training materials, and textbooks(but not subsistence, salary, or any other
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emoluments)in connection with full-time education, including that provided at the organization's own
facilities, at a post-graduate(but not undergraduate) college level, are allowable only when the course or
degree pursued is related to the field in which the employee is now working or may reasonably be expected
to work, and only where the costs receive the prior approval of the awarding agency. Such costs are limited
to the costs attributable to a total period not to exceed one school year for each employee so trained. In
unusual cases the period may be extended.
d. Costs of attendance of up to 16 weeks per employee per year at specialized programs specifically
designed to enhance the effectiveness of executives or managers or to prepare employees for such positions
are allowable. Such costs include enrollment fees, training materials, textbooks and related charges,
employees' salaries, subsistence, and travel. Costs allowable under this paragraph do not include those for
courses that are part of a degree-oriented curriculum, which are allowable only to the extent set forth in
subparagraphs b and c.
e. Maintenance expense, and normal depreciation or fair rental,on facilities owned or leased by the
organization for training purposes are allowable to the extent set forth in paragraphs 11,27, and 46.
f. Contributions or donations to educational or training institutions, including the donation of facilities or
other properties, and scholarships or fellowships, are unallowable.
g. Training and education costs in excess of those otherwise allowable under subparagraphs b and c may
be allowed with prior approval of the awarding agency. To be considered for approval, the organization
must demonstrate that such costs are consistently incurred pursuant to an established training and education
program, and that the course or degree pursued is relative to the field in which the employee is now
working or may reasonably be expected to work.
54. Transportation costs. Transportation costs include freight, express, cartage, and postage charges
relating either to goods purchased, in process,or delivered. These costs are allowable. When such costs c"an
readily be identified with the items involved,they may be directly charged as transportation costs or added
to the cost of such items (see paragraph 28). Where identification with the materials received cannot
readily be made,transportation costs may be charged to the appropriate indirect cost accounts if the
organization follows a consistent,equitable procedure in this respect.
55. Travel costs.
a.Travel costs are the expenses for transportation, lodging, subsistence, and related items incurred by
employees who are in travel status on official business of the organization. Travel costs are allowable
subject to subparagraphs b through e,when they are directly attributable to specific work under an award
or are incurred in the normal course of administration of the organization.
b. Such costs may be charged on an actual basis,on a per diem or mileage basis in lieu of actual costs
incurred,or on a combination of the two,provided the method used results in charges consistent with those
normally allowed by the organization in its regular operations.
c. The difference in cost between first-class air accommodations and less than first-class air
accommodations is unallowable except when less than first-class air accommodations are not reasonably
available to meet necessary mission requirements, such as where less than first-class accommodations
would(i)require circuitous routing,(ii)require travel during unreasonable hours,(iii)greatly increase the
duration of the flight, (iv)result in additional costs which would offset the transportation savings,or(v)
offer accommodations which are not reasonably adequate for the medical needs of the traveler.
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•
d. Necessary and reasonable costs of family movements and personnel movements of a special or mass
nature are allowable,pursuant to paragraphs 44 and 45,subject to allocation on the basis of work or time
period benefited when appropriate. Advance agreements are particularly important.
e.Direct charges for foreign travel costs are allowable only when the travel has received prior approval of
the awarding agency. Each separate foreign trip must be approved. For purposes of this provision, foreign
travel is defined as any travel outside of Canada and the United States and its territories and possessions.
However, for an organization located in foreign countries,the term"foreign travel"means travel outside
that country,
56. Trustees. Travel and subsistence costs of trustees(or directors) are allowable. The costs are subject to
restrictions regarding lodging,subsistence and air travel costs provided in paragraph 55.
ATTACHMENT C • :
Circular No. A-122 ``
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
Aerospace Corporation, El Segundo,California
Argonne National Laboratory, Chicago, Illinois
Atomic Casualty Commission, Washington,D.C.
Battelle Memorial Institute,Headquartered in Columbus,Ohio
Brookhaven National Laboratory,Upton,New York
Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts
Environmental Institute of Michigan,Ann Arbor,Michigan
Hanford Environmental Health Foundation,Richland,Washington
IIT Research Institute, Chicago,Illinois
Institute for Defense Analysis,Alexandria,Virginia
Mitre Corporation, Bedford,Massachusetts <<.
National Radiological Astronomy Observatory,Green Bank, West Virginia
National Renewable Energy Laboratory, Golden, Colorado
Oak Ridge Associated Universities, Oak Ridge,Tennessee
Rand Corporation, Santa Monica,California
Research Triangle Institute,Research Triangle-Park',North Carolina
Riverside Research Institute,New York,New York
Southern Research Institute,Birmingham, Alabama
Southwest Research Institute, San Antonio,Texas
SRI International, Menlo Park,California
Syracuse Research Corporation, Syracuse,New York
Universities Research Association, Incorporated(National Acceleration Lab), Argonne,Illinois
Non-profit insurance companies, such as Blue Cross and Blue Shield Organizations
Other non-profit organizations as negotiated with awarding agencies
BILLING CODE 3110-01 •
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-.OMB Circular A-110 Pagelof4l_
EXHIBIT
CIRCULAR A-110
(REVISED 11/19/93,As Further Amended 9/30/99)
CIRCULAR NO. A-110
Revised
TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT: Uniform Administrative Requirements for Grants and Agreements With Institutions of
Higher Education,Hospitals, and Other Non-Profit Organizations
1, Purpose. This Circular sets forth standards for obtaining consistency and uniformity among
Federal agencies in the administration of grants to and agreements with institutions of higher
education,hospitals, and other non-profit organizations. -
2.Authority.Circular A-110 is issued under the authority o 31Fed U.S.C.
S.CPrn503 (the
Chief
iefFy A Financial
Officers Act),31 U.S.C. 1111,41 U.S.C. 405 (the Office of
Reorganization Plan No. 2 of 1970,and E.O. 11541 ("Prescribing the Duties of the Office of
Management and Budget and the Domestic Policy Council in the Executive Office of the President").
3,Policy. Except as provided herein,the standards set forth in this Circular are applicable to all
Federal agencies. If any statute specifically prescribes policies or specific requirements that differ
from the standards provided herein,the provisions of the statute shall govern.
The provisions of the sections of this Circular shall be applied by Federal agencies to recipients.
Recipients shall apply the provisions of this Circular to subrecipients performing substantive work
under grants and agreements that are passed through or awarded by the primary recipient, if such
subrecipients are organizations described in paragraph 1.
This Circular does not apply to grants,contracts,or other agreements between the Federal
Government and units of State or local governments covered by OMB Circular A-102, "Grants and
Cooperative Agreements with State and Local Governments," and the Federal agencies'grants
management common rule which standardized and codified the administrative requirements Federal
agencies impose on State and local grantees. In addition,subawards and contracts to State or local
governments are not covered by this Circular.However,this Circular applies to subawards made by
State and local governments to organizations covered by this Circular.Federal agencies may apply
the provisions of this Circular to commercial organizations,foreign governments,organizations under
the jurisdiction of foreign governments, and international organizations.
4. Definitions. Definitions of key terms used in this Circular are contained in Section_.2 in the
Attachment.
S.Required Action. The specific requirements and responsibilities of Federal agencies and
institutions of higher education,hospitals, and other non-profit organizations are set forth in this
Circular. Federal agencies responsible for awarding and administering grants to and other agreements
with organizations described in paragraph 1 shall adopt the language in the Circular unless different
provisions are required by Federal statute or are approved by OMB.
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OMB Circular A-110 '
Page 2 of 41
6. OMB Responsibilities. OMB will review agency regulations and implementation of this'Circular,
and will provide interpretations of policy requirements and assistance to insure effective and efficient
implementation. Any exceptions will be subject to approval by OMB, as indicated in Section .4 in
the Attachment. Exceptions will only be made in particular cases where adequate justification is
presented.
7. Information Contact, Further information concerning this Circular may be obtained by contacting
the Office of Federal Financial Management,Office of Management and Budget, Washington,DC
20503,telephone(202) 395-3993.
8. Termination Review Date. This Circular will have a policy review three years from date of
issuance.
9, Effective Date. The standards set forth in this Circular which affect Federal agencies will be
effective 30 days after publication of the final revision in the Federal Register. Those standards
which Federal agencies impose on grantees will be adopted by agencies in codified regulations within
six months after publication in the Federal Register. Earlier implementation is encouraged.
Attachment
Grants and Agreements with Institutions of Higher Education, •
Hospitals,and Other Non-Profit Organizations
SUBPART A-GENERAL
Sec.
.1 Purpose.
.2 Definitions.
.3 Effect on other issuances:
.4 Deviations.
.5 Subawards.
SUBPART B-PRE-AWARD REQUIREMENTS
_.10 Purpose.
.11 Pre-award policies.
.12 Forms for applying for Federal assistance.
.13 Debarment and__suspension.
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.14 Special award conditions.
.15 Metric system of measurement.
.16 Resource Conservation and Recovery Act.
.17 Certifications and_repiesentations.
SUBPART C-POST-AWARD REQUIREMENTS
Financial and Program Management
.20 Purpose of financial and program management.
.21 Standards for financial management systems.
.22 PaXment.
.23 Cost sharing or matching,
.24 Prograrn income.
.25 Revision of budget_and program plan.
.26 Non-Federal audits.
.27 Allowable costs.
.28 Period_of availability_of funds.
.29 Conditional exemptions.
Property Standards
_.30 Purpose of property standards.
.31 lnsurance_coverage.
.32 Real...property.
.33 Federally-owned and exempt property.
.34 Equipment.
.35 Supplies.:and other expendable property.
—361ntangible property.
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_.37 Property trust relationship.
Procurement Standards
.40 Purpose o f procurement standards.
.41 Recipient responsibilities.
_.42 Codes of conduct.
.43 Competition.
_.44 Procurement procedures.
.45 Cost and price analysis.
.46.Procurement records.
.47 Contract administration.
.48 Contract provisions.
Reports and Records
.50 Purpose of reports and records.
.51 Monitoring and reporting program performance,
_.52 Financial reporting.
.53 Retention and access requirements for records.
Termination and Enforcement
_.60 Purpose of termination and enforcement.
_.61 Termination.
62 Enforcement.
SUBPART 1)- AFTER-THE-AWARD REQUIREMENTS
_.70 Purpose.
.71 Closeout procedures.
.72 Subsequent adjustments and continuing responsibilities.
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.73 Collection oEamounts due.
APPENDIX A-CONTRACT PROVISIONS
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SUBPART A-General
_.1 Purpose.This Circular establishes uniform administrative requirements for Federal grants and
agreements awarded to institutions of higher education, hospitals,and other non-profit organizations.
Federal awarding agencies shall not impose additional or inconsistent requirements, except as
provided in Sections .4,and_.14 or unless specifically required by Federal statute or executive
order.Non-profit organizations that implement Federal programs for the States are also subject to
State requirements.
.2 Definitions.
(a) Accrued expenditures means the charges incurred by the recipient during a given period
requiring the provision of funds for: (1)goods and other tangible property received; (2)services
performed by employees,contractors, subrecipients,and other payees; and,(3)other amounts
becoming owed under programs for which no current services or performance is required.
(b) Accrued income means the sum of: (1)earnings during a given period from(i)services
performed by the recipient,and(ii)goods and other tangible property delivered to purchasers, and(2)
amounts becoming owed to the recipient for which no current services or performance is required by
the recipient.
(c)Acquisition cost of equipment means the net invoice price of the equipment, including the
cost of modifications, attachments,accessories,or auxiliary apparatus necessary to make the property
usable for the purpose for which it was acquired. Other charges, such as the cost of installation,
transportation, taxes, duty or protective in-transit insurance,shall be included or excluded from the
unit acquisition cost in accordance with the recipient's regular accounting practices.
(d)Advance means a payment made by Treasury check or other appropriate payment
mechanism to a recipient upon its request either before outlays are made by the recipient or through
the use of predetermined payment schedules.
(e)Award means financial assistance that provides support or stimulation to accomplish a
public purpose. Awards include grants and other agreements in the form of money or property in lieu
of money,by the Federal Government to an eligible recipient.The term does not include: technical
assistance,which provides services instead of money;other assistance in the form of loans, loan
guarantees, interest subsidies, or insurance;direct payments of any kind to individuals; and,contracts
which are required to be entered into and administered under procurement laws and regulations.
(f)Cash contributions means the recipient's cash outlay, including the outlay of money
contributed to the recipient by third parties.
(g)Closeout means the process by which a Federal awarding agency determines that all
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applicable administrative actions and all required work of the award have been completed by the
recipient and Federal awarding agency.
(h)Contract means a procurement contract under an award or subaward,and a procurement
subcontract under a recipient's or subrecipient's contract.
(i)Cost sharing or matching means that portion of project or program costs not borne by the
Federal Government.
(j)Date of completion means the date on which all work under an award is completed or the
date on the award document, or any supplement or amendment thereto,on which Federal sponsorship
ends.
(k)Disallowed costs means those charges to an award that the Federal awarding agency
determines to be unallowable, in accordance with the applicable Federal cost principles or other terms
and conditions contained in the award.
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(1)Equipment means tangible nonexpendable personal property including exempt property
charged directly to the award having a useful life of more than one year and an acquisition cost of
$5000 or more per unit. However, consistent with recipient policy, lower limits may be established.
(m)Excess property means property under the control of any Federal awarding agency that, as
determined by the head thereof, is no longer required for its needs or the discharge of its
responsibilities.
(n)Exempt property means tangible personal property acquired in whole or in part with
Federal funds,where the Federal awarding agency has statutory authority to vest title in the recipient
without further obligation to the Federal Government. An example of exempt property authority is
contained in the Federal Grant and Cooperative Agreement Act(31 U.S.C. 6306), for property
acquired under an award to conduct basic or applied research by a non-profit institution of higher
education or non-profit organization whose principal purpose is conducting scientific research.
(o)Federal awarding agency means the Federal agency that provides an award to the
recipient.
(p)Federal funds authorized means the total amount of Federal funds obligated by the
Federal Government for use by the recipient. This amount may include any authorized carryover of
unobligated funds from prior funding periods when permitted by agency regulations or agency
implementing instructions.
(q)Federal share of real property, equipment,or supplies means that percentage of the
property's acquisition costs and any improvement expenditures paid with Federal funds.
(r)Funding period means the period of time when Federal funding is available for obligation
by the recipient.
(s)Intangible property and debt instruments means,but is not limited to,trademarks,
copyrights,patents and patent applications and such property as loans, notes and other debt
instruments, lease agreements, stock and other instruments of property ownership, whether
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considered tangible or intangible.
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(t) Obligations means the amounts of orders placed, contracts and grants awarded, services
received and similar transactions during a given period that require payment by the recipient during
the same or a future period.
(u)Outlays or expenditures means charges made to the project or program. They may be
reported on a cash or accrual basis. For reports prepared on a cash basis, outlays are the sum of cash
disbursements for direct charges for goods and services, the amount of indirect expense charged, the
value of third party in-kind contributions applied and the amount of cash advances and payments
made to subrecipients. For reports prepared on an accrual basis,outlays are the sum of cash
disbursements for direct charges for goods and services, the amount of indirect expense incurred, the
value of in-kind contributions applied, and the net increase(or decrease)in the amounts owed by the
recipient for goods and other property received, for services performed by employees, contractors,
subrecipients and other payees and other amounts becoming owed under programs for which no
current services or performance are required.
(v) Personal property means property of any kind except real property. It may be tangible,
having physical existence, or intangible,having no physical existence, such as copyrights,patents,or
securities.
(w) Prior approval means written approval by an authorized official evidencing prior consent.
(x) Program income means gross income earned by the recipient that is directly generated by a
supported activity or earned as a result of the award(see exclusions in paragraphs .24(e) and(h)).
Program income includes,but is not limited to, income from fees for services performed, the use or
rental of real or personal property acquired under federally-funded projects, the sale of commodities
or items fabricated under an award,license fees and royalties on patents and copyrights, and interest
on loans made with award funds. Interest earned on advances of Federal funds is not program
income. Except as otherwise provided in Federal awarding agency regulations or the terms and
conditions of the award,program income does not include the receipt of principal on loans,rebates,
credits, discounts, etc.,or interest earned on any of them.
(y) Project costs means all allowable costs,as set forth in the applicable Federal cost
principles,incurred by a recipient and the value of the contributions made by third parties in
accomplishing the objectives of the award during the project period.
(z) Project period means the period established in the award document during which Federal
sponsorship begins and ends.
(aa) Property means, unless otherwise stated,real property, equipment,intangible property and
debt instruments.
(bb)Real property means land,including land improvements,structures and appurtenances
thereto, but excludes movable machinery and equipment.
(cc)Recipient means an organization receiving financial assistance directly from Federal
awarding agencies to carry out a project or program. The term includes public and private institutions
of higher education,public and private hospitals, and other quasi-public and private non-profit
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organizations such as,but not limited to,community action agencies,research institutes, educational
associations, and health centers. The term may include commercial organizations, foreign or
international organizations(such as agencies of the United Nations)which are recipients,
subrecipients, or contractors or subcontractors of recipients or subrecipients at the discretion of the
Federal awarding agency. The term does not include government-owned contractor-operated facilities
or research centers providing continued support for mission-oriented, large-scale programs that are
government-owned or controlled,or are designated as federally-funded research and development
centers.
(dd) Research and development means all research activities, both basic and applied, and all
development activities that are supported at universities,colleges, and other non-profit institutions.
"Research"is defined as a systematic study directed toward fuller scientific knowledge or
understanding of the subject studied. "Development" is the systematic use of knowledge and
understanding gained from research directed toward the production of useful materials,devices,
systems,or methods, including design and development of prototypes and processes. The term
research also includes activities involving the training of individuals in research techniques where
such activities utilize the same facilities as other research and development activities and where such
activities are not included in the instruction function.
(ee) Small awards means a grant or cooperative agreement not exceeding the small purchase
threshold fixed at 41 U.S.C. 403(11)(currently$25,000).
(ff) Subaward means an award of financial assistance in the form of money, or property in lieu
of money, made under an award by a recipient to an eligible subrecipient or by a subrecipient to a
lower tier subrecipient. The term includes financial assistance when provided by any legal agreement,
even if the agreement is called a contract,but does not include procurement of goods and services nor
does it include any form of assistance which is excluded from the definition of"award" in paragraph
(e).
(gg)Subrecipient means the legal entity to which a subaward is made and which is
accountable to the recipient for the use of the funds provided. The term may include foreign or
international organizations (such as agencies of the United Nations)at the discretion of the Federal
awarding agency.
(hh)Supplies means all personal property excluding equipment, intangible property, and debt
instruments as defined in this section, and inventions of a contractor conceived or first actually
reduced to practice in the performance of work under a funding agreement("subject inventions"), as
defined in 37 CFR part 401, "Rights to inventions.Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts, and Cooperative Agreements."
(ii)Suspension means an action by a Federal awarding agency that temporarily withdraws
Federal sponsorship under an award, pending corrective action by the recipient or pending a decision
to terminate the award by the Federal awarding agency. Suspension of an award is a separate action
from suspension under Federal agency regulations implementing E.O.s 12549 and 12689,
"Debarment and Suspension."
(jj)Termination means the cancellation of Federal sponsorship, in whole or in part, under an
agreement at any time prior to the date of completion.
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(kk)Third party in-kind contributions means the value of non-cash contributions provided
by non-Federal third parties. Third party in-kind contributions may be in the form of real property,
equipment, supplies and other expendable property, and the value of goods and services directly
benefiting and specifically identifiable to the project or program.
(11)Unliquidated obligations, for financial reports prepared on a cash basis, means the amount
of obligations incurred by the recipient that have not been paid. For reports prepared on an accrued
expenditure basis, they represent the amount of obligations incurred by the recipient for which an
outlay has not been recorded.
(mm)Unobligated balance means the portion of the funds authorized by the Federal awarding
agency that has not been obligated by the recipient and is determined by deducting the cumulative
obligations from the cumulative funds authorized.
(nn)Unrecovered indirect cost means the difference between the amount awarded and the
amount which could have been awarded under the recipient's approved negotiated indirect cost rate.
(oo)Working capital advance means a procedure where by funds are advanced to the
recipient to cover its estimated disbursement needs for a given initial period.
_.3 Effect on other issuances.For awards subject to this Circular,all administrative requirements
of codified program regulations,program manuals,handbooks and other nonregulatory materials
which are inconsistent with the requirements of this Circular shall be superseded,except to the extent
they are required by statute,or authorized in accordance with the deviations provision in
Section .4.
.4 Deviations. The Office of Management and Budget(OMB)may grant exceptions for classes of
grants or recipients subject to the requirements of this Circular when exceptions are not prohibited by
statute. However, in the interest of maximum uniformity, exceptions from the requirements of this.
Circular shall be permitted only in unusual circumstances. Federal awarding agencies may apply
more restrictive requirements to a class of recipients when approved by OMB. Federal awarding
agencies may apply less restrictive requirements when awarding small awards, except for those
requirements which are statutory. Exceptions on a case-by-case basis may also be made by Federal
awarding agencies.
.5 Subawards. Unless sections of this Circular specifically exclude subrecipients from coverage,
the provisions of this Circular shall be applied to subrecipients performing work under awards if such
subrecipients are institutions of higher education,hospitals or other non-profit organizations. State
and local government subrecipients are subject to the provisions of regulations implementing the
grants management common rule,"Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," published at 53 FR 8034(3/11/88).
SUBPART B-Pre-Award Requirements
_.10 Purpose. Sections_.11 through_.17 prescribes forms and instructions and other pre-
award matters to be used in applying for Federal awards.
_.11 Pre-award policies.
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(a)Use of Grants and Cooperative Agreements, and Contracts. In each instance,the Federal
awarding agency shall decide on the appropriate award instrument i.e.,
greement,
or contract). The Federal Grant and Cooperative Agreement Act(31 U.S.C. 6301-08)governs the use
of grants, cooperative agreements and contracts. A grant or cooperative agreement shall be used only
when the principal purpose of a transaction is to accomplish a public purpose of support or
stimulation authorized by Federal statute. The statutory criterion for choosing between grants and
cooperative agreements is that for the latter, "substantial involvement is expected between the
executive agency and the State, local government,or other recipient when carrying out the activity
contemplated in the agreement." Contracts shall be used when the principal purpose is acquisition of
property or services for the direct benefit or use of the Federal.Government.
(b)Public Notice and Priority Setting. Federal awarding agencies shall notify the public of its
intended funding priorities for discretionary grant programs, unless funding priorities are established
by Federal statute.
.12 Forms for applying for Federal assistance.
(a)Federal awarding agencies shall comply with the applicable report clearance requirements
of 5 CFR part 1320, "Controlling Paperwork Burdens on the Public," with regard to all forms used by
the Federal awarding agency in place of or as a supplement to the Standard Form 424(SF-424)series.
(b)Applicants shall use the SF-424 series or those forms and instructions prescribed by the
Federal awarding agency.
(c)For Federal programs covered by E.O. 12372, "Intergovernmental Review of Federal
Programs," the applicant shall complete the appropriate sections of the SF-424(Application for
Federal Assistance)indicating whether the application was subject to review by the State Single Point
of Contact(SPOC). The name and address of the SPOC for a particular State can be obtained from
the Federal awarding agency or the Catalog of Federal Domestic Assistance. The SPOC shall
advise the applicant whether the program for which application is made has been selected by that
State for review.
(d)Federal awarding agencies that do not use the SF-424 form should indicate whether the
application is subject to review by the State under E.O. 12372.
.13 Debarment and suspension. Federal awarding agencies and recipients shall comply with the
nonprocurement debarment and suspension common rule implementing E.O.s 12549 and 12689,
"Debarment and Suspension." This common rule restricts subawards and contracts with certain
parties that are debarred, suspended or otherwise excluded from or ineligible for participation in
Federal assistance programs or activities.
.14 Special award conditions. If an applicant or recipient: (a)has a history of poor performance,
(b) is not financially stable, (c)has a management system that does not meet the standards prescribed
in this Circular, (d)has not conformed to the terms and conditions of a previous award, or(e)is not
otherwise responsible, Federal awarding agencies may impose additional requirements as needed,
provided that such applicant or recipient is notified in writing as to: the nature of the additional
requirements,the reason why the additional requirements are being imposed, the nature of the
corrective action needed, the time allowed for completing the corrective actions, and the method for
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requesting reconsideration of the additional requirements imposed. Any special conditions shall be
promptly removed once the conditions that prompted them have been corrected.
.15 Metric system of measurement. The Metric Conversion Act, as amended by the Omnibus
Trade and Competitiveness Act(15 U.S.C. 205)declares that the metric system is the preferred
measurement system for U.S. trade and commerce. The Act requires each Federal agency to establish
a date or dates in consultation with the Secretary of Commerce,when the metric system of
measurement will be used in the agency's procurements,grants, and other business-related activities.
Metric implementation may take longer where the use of the system is initially impractical or likely to
cause significant inefficiencies in the accomplishment of federally-funded activities. Federal
awarding agencies shall follow the provisions of E.O. 12770, "Metric Usage in Federal Government
Programs."
_.16 Resource Conservation and Recovery Act(RCRA)(Pub. L. 94-580 codified at 42 U.S.C.
6962).Under the Act,any State agency or agency of a political subdivision of a State which is using
appropriated Federal funds must comply with Section 6002. Section 6002 requires that preference be
given in procurement programs to the purchase of specific products containing recycled materials
identified in guidelines developed by the Environmental Protection Agency(EPA)(40 CFR parts
247-254). Accordingly, State and local institutions of higher education,hospitals, and non-profit
organizations that receive direct Federal awards or other Federal funds shall give preference in their
procurement programs funded with Federal funds to the purchase of recycled products pursuant to the
EPA guidelines.
_.17 Certifications and representations. Unless prohibited by statute or codified regulation, each
Federal awarding agency is authorized and encouraged to allow recipients to submit certifications and
representations required by statute,executive order,or regulation on an annual basis, if the recipients
have ongoing and continuing relationships with the agency.Annual certifications and representations
shall be signed by responsible officials with the authority to ensure recipients'compliance with the
pertinent requirements.
SUBPART C-Post-Award Requirements
Financial and Program Management
_.20 Purpose of financial and program management. Sections_.21 through .28 prescribe
standards for financial management systems,methods for making payments and rules for: satisfying
cost sharing and matching requirements,accounting for program income,budget revision approvals,
making audits,determining allowability of post, and establishing fund availability.
.21 Standards for fmancial management systems.
(a)Federal awarding agencies shall require recipients to relate financial data to performance
data and develop unit cost information whenever practical.
(b)Recipients'financial management systems shall provide for the following.
(1)Accurate,current and complete disclosure of the financial results of each federally-
sponsored project or program in accordance with the reporting requirements set forth in Section
.52. If a Federal awarding agency requires reporting on an accrual basis from a recipient
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that maintains its records on other than an accrual basis, the recipient shall not be required to
establish an accrual accounting system. These recipients may develop such accrual data for its
reports on the basis of an analysis of the documentation on hand.
(2)Records that identify adequately the source and application of funds for federally-
sponsored activities. These records shall contain information pertaining to Federal awards,
authorizations,obligations, unobligated balances, assets,outlays,income and interest.
(3) Effective control over and accountability for all funds,property and other assets.
Recipients shall adequately safeguard all such assets and assure they are used solely for
authorized purposes.
(4)Comparison of outlays with budget amounts for each award. Whenever appropriate,
financial information should be related to.performance and unit cost data.
(5)Written procedures to minimize the time elapsing between the transfer of funds to the
recipient from the U.S. Treasury and the issuance or redemption of checks, warrants or
payments by other means for program purposes by the recipient. To the extent that the
provisions of the Cash Management Improvement Act(CMIA) (Pub. L. 101-453)govern,
payment methods of State agencies, instrumentalities, and fiscal agents shall be consistent with
CMIA Treasury-State Agreements or the CMIA default procedures codified at 31 CFR part
205, "Withdrawal of Cash from the Treasury for Advances under Federal Grant and Other
Programs."
(6) Written procedures for determining the reasonableness, allocability and allowability
of costs in accordance with the provisions of the applicable Federal cost principles and the
terms and conditions of the award.
(7)Accounting records including cost accounting records that are supported by source
documentation.
(c)Where the Federal Government guarantees or insures the repayment of money borrowed by
the recipient, the Federal awarding agency, at its discretion,may require adequate bonding and
insurance if the bonding and insurance requirements of the recipient are not deemed adequate to
•
protect the interest of the Federal Government.
(d)The Federal awarding agency may require adequate fidelity bond coverage where the
recipient lacks sufficient coverage to protect the Federal Government's interest.
(e)Where bonds are required in the situations described above,the bonds shall be obtained
from companies holding certificates of authority as acceptable sureties, as prescribed in 31 CFR part
223, "Surety Companies Doing Business with the United States."
.22 Payment.
(a)Payment methods shall minimize the time elapsing between the transfer of funds from the
United States Treasury and the issuance or redemption of checks,warrants,or payment by other
means by the recipients. Payment methods of State agencies or instrumentalities shall be consistent
with Treasury-State CMIA agreements or default procedures codified at 31 CFR part 205.
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(b)Recipients are to be paid in advance, provided they maintain or demonstrate the willingness
to maintain: (1)written procedures that minimize the time elapsing between the transfer of funds and
disbursement by the recipient, and(2) financial management systems that meet the standards for fund
control and accountability as established in Section .21. Cash advances to a recipient organization
shall be limited to the minimum amounts needed and be timed to be in accordance with the actual,
immediate cash requirements of the recipient organization in carrying out the purpose of the approved
program or project. The timing and amount of cash advances shall be as close as is administratively
feasible to the actual disbursements by the recipient organization for direct program or project costs
and the proportionate share of any allowable indirect costs.
(c)Whenever possible, advances shall be consolidated to cover anticipated cash needs for all
awards made by the Federal awarding agency to the recipient.
(1)Advance payment mechanisms include,but are not limited to, Treasury check and
electronic funds transfer.
(2)Advance payment mechanisms are subject to 31 CFR part 205.
(3)Recipients shall be authorized to submit requests for advances and reimbursements at
•
least monthly when electronic fund transfers are not used.
(d)Requests for Treasury check advance payment shall be submitted on SF-270, "Request for
Advance or Reimbursement," or other forms as may be authorized by OMB. This form is not to be
used when Treasury check advance payments are made to the recipient automatically through the use
of a predetermined payment schedule or if precluded by special Federal awarding agency instructions
for electronic funds transfer.
(e)Reimbursement is the preferred method when the requirements in paragraph(b)cannot be
met.Federal awarding agencies may also use this method on any construction agreement,or if the
major portion of the construction project is accomplished through private market financing or Federal
loans, and the Federal assistance constitutes a minor portion of the project.
(1)When the reimbursement method is used, the Federal awarding agency shall make
payment within 30 days after receipt of the billing, unless the billing is improper.
•
• (2)Recipients shall be authorized to submit request for reimbursement at least monthly
when electronic funds transfers are not used.
(f) If a recipient cannot meet the criteria for advance payments and the Federal awarding
agency has determined that reimbursement is not feasible because the recipient lacks sufficient
working capital, the Federal awarding agency may provide cash on a working capital advance basis.
Under this procedure, the Federal awarding agency shall advance cash to the recipient to cover its
estimated disbursement needs for an initial period generally geared to the awardee's disbursing cycle.
Thereafter, the Federal awarding agency shall reimburse the recipient for its actual cash
disbursements.The working capital advance method of payment shall not be used for recipients
unwilling or unable to provide timely advances to their subrecipient to meet the subrecipient's actual
cash disbursements.
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(g)To the extent available,recipients shall disburse funds available from repayments to and
interest earned on a revolving fund,program income, rebates,refunds,contract settlements, audit
recoveries and interest earned on such funds before requesting additional cash payments.
(h)Unless otherwise required by statute, Federal awarding agencies shall not withhold
payments for proper charges made by recipients at any time during the project period unless(1)or(2)
apply.
(1) A recipient has failed to comply with the project objectives, the terms and conditions
of the award, or Federal reporting requirements..
(2) The recipient or subrecipient is delinquent in a debt to the United States as defined in
OMB Circular A-129, "Managing Federal Credit Programs." Under such conditions, the
Federal awarding agency may,upon reasonable notice,inform the recipient that payments shall •
not be made for obligations incurred after a specified date until the conditions are corrected or
the indebtedness to the Federal Government is liquidated.
(i) Standards governing the use of banks and other institutions as depositories of funds
advanced under awards are as follows.
(1) Except for situations described in paragraph(i)(2), Federal awarding agencies shall
not require separate depository accounts for funds provided to a recipient or establish any
eligibility requirements for depositories for funds provided to a recipient. However,recipients
must be able to account for the receipt,obligation and expenditure of funds.
(2) Advances of Federal funds shall be deposited and maintained in insured accounts
whenever possible.
(j)Consistent with the national goal of expanding the opportunities for women-owned and
minority-owned business enterprises, recipients shall be encouraged to use women-owned and
minority-owned banks(a bank which is owned at least 50 percent by women or minority group
members).
(k)Recipients shall maintain advances of Federal funds in interest bearing accounts, unless(1),
(2)or(3) apply.
(1)The recipient receives less than$120,000 in Federal awards per year.
(2)The best reasonably available interest bearing account would not be expected to earn
interest in excess of$250 per year on Federal cash balances.
(3) The depository would require an average or minimum balance so high that it would
not be feasible within the expected Federal and non-Federal cash resources.
(1)For those entities where CMIA and its implementing regulations do not apply, interest
earned on Federal advances deposited in interest bearing accounts shall be remitted annually to
Department of Health and Human Services,Payment Management System, Rockville, MD 20852.
Interest amounts up to $250 per year may be retained by the recipient for administrative expense.
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State universities and hospitals shall comply with CMIA, as it pertains to interest. If an entity subject
to CMIA uses its own funds to pay pre-award costs for discretionary awards without prior written
approval from the Federal awarding agency, it waives its right to recover the interest under CMIA.
(m) Except as noted elsewhere in this Circular,only the following forms shall be authorized for
the recipients in requesting advances and reimbursements. Federal agencies shall not require more
than an original and two copies of these forms.
(1)SF-270,Request for Advance or Reimbursement. Each Federal awarding agency
shall adopt the SF-270 as a standard form for all nonconstruction programs when electronic
funds transfer or predetermined advance methods are not used. Federal awarding agencies,
however,have the option of using this form for construction programs in lieu of the SF-271,
"Outlay Report and Request for Reimbursement for Construction Programs."
(2)SF-271,Outlay Report and Request for Reimbursement for Construction Programs.
Each Federal awarding agency shall adopt the SF-271 as the standard form to be used for"
requesting reimbursement for construction programs. However, a Federal awarding agency may
substitute the SF-270 when the Federal awarding agency determines that it provides adequate
information to meet Federal needs.
•
.23 Cost sharing or matching.
(a) All contributions, including cash and third party in-kind, shall be accepted as part of the
recipient's cost sharing or matching when such contributions meet all of the following criteria.
(1)Are verifiable from the recipient's records.
(2)Are not included as contributions for any other federally-assisted project or program.
(3)Are necessary and reasonable for proper and efficient accomplishment of project or
program objectives.
(4)Are allowable under the applicable cost principles.
(5)Are not paid by the.Federal Government under another award, except where
authorized by Federal statute to be used for cost sharing or matching.
(6)Are provided for in the approved budget when required by the Federal awarding
agency.
(7)Conform to other provisions of this Circular, as applicable.
(b)Unrecovered indirect costs may be included as part of cost sharing or matching only with
the prior approval of the Federal awarding agency.
(c) Values for recipient contributions of services and property shall be established in .
accordance with the applicable cost principles. If a Federal awarding agency authorizes recipients to
donate buildings or land for construction/facilities acquisition projects or long-term use,the value of
the donated property for cost sharing or matching shall be the lesser of(1)or(2).
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(1)The certified value of the remaining life of the property recorded in the recipient's
accounting records at the time of donation.
(2)The current fair market value.However, when there is sufficient justification,the
Federal awarding agency may approve the use of the current fair market value of the donated
property, even if it exceeds the certified value at the time of donation to the project.
(d) Volunteer services furnished by professional and technical personnel, consultants, and other
skilled and unskilled labor may be counted as cost sharing or matching if the service is an integral
and necessary part of an approved project or program. Rates for volunteer services shall be consistent
with those paid for similar work in the recipient's organization. In those instances in which the
required skills are not found in the recipient organization, rates shall be consistent with those paid for
similar work in the labor market in which the recipient competes for the kind of services involved. In
either case, paid fringe benefits that are reasonable, allowable, and allocable may be included in the
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valuation.
(e) When an employer other than the recipient furnishes the services of an employee,these
services shall be valued at the employee's regular rate of pay(plus an amount of fringe benefits that
are reasonable, allowable, and allocable, but exclusive of overhead costs), provided these services are
in the same skill for which the employee is normally paid.
(f)Donated supplies may include such items as expendable equipment,office supplies,
laboratory supplies or workshop and classroom supplies. Value assessed to donated supplies included
in the cost sharing or matching share shall be reasonable and shall not exceed the fair market value of
the property at the time of the donation.
(g)The method used for determining cost sharing or matching for donated equipment,
buildings and land for which title passes to the recipient may differ according to the purpose of the
award, if(1)or(2)apply.
(1) If the purpose of the award is to assist the recipient in the acquisition of equipment,
buildings or land, the total value of the donated property may be claimed as cost sharing or
matching.
(2) If the purpose of the award is to support activities that require the use of equipment,
buildings or land,normally only depreciation or use charges for equipment and buildings may
be made. However,the full value of equipment or other capital assets and fair rental charges for
land may be allowed,provided that the Federal awarding agency has approved the charges.
(h)The value of donated property shall be determined in accordance with the usual accounting
policies of the recipient, with the following qualifications.
(1)The value of donated land and buildings shall not exceed its fair market value at the
time of donation to the recipient as established by an independent appraiser(e.g., certified real
property appraiser or General Services Administration representative)and certified by a
responsible official of the recipient.
(2) The value of donated equipment shall not exceed the fair market value of equipment
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of the same age and condition at the time of donation.
(3)The value of donated space shall not exceed the fair rental value of comparable space
as established by an independent appraisal of comparable space and facilities in a privately-
owned building in the same locality.
(4)The value of loaned equipment shall not exceed its fair rental value.
(5)The following requirements pertain to the recipient's supporting records for in-kind
contributions from third parties.
(i)Volunteer services shall be documented and,to the extent feasible, supported
by the same methods used by the recipient for its own employees.
(ii)The basis for determining the valuation for personal service,material,
equipment,buildings and land shall be documented.
.24 Program income.
(a)Federal awarding agencies shall apply the standards set forth in this section in requiring
recipient organizations to account for program income related to projects financed in whole or in part
with Federal funds.
(b)Except as provided in paragraph(h)below,program income earned during the project
period shall be retained by the recipient and, in accordance with Federal awarding agency regulations
or the terms and conditions of the award,shall be used in one or more of the ways listed in the
following.
(1)Added to funds committed to the project by the Federal awarding agency and
recipient and used to further eligible project or program objectives.
(2)Used to finance the non-Federal share of the project or program.
(3)Deducted from the total project or program allowable cost in determining the net
allowable costs on which the Federal share of costs is based.
(c) When an agency authorizes the disposition of program income as described in paragraphs
(b)(1)or(b)(2),program income in excess of..any limits stipulated shall be used in accordance with
paragraph(b)(3).
(d) In the event that the Federal awarding agency does not specify in its regulations or the terms
and conditions of the award how program income is to be used, paragraph(b)(3) shall apply
automatically to all projects or programs except research. For awards that support research,paragraph
(b)(1)shall apply automatically unless the awarding agency indicates in the terms and conditions
another alternative on the award or the recipient is subject to special award conditions, as indicated in
Section .14.
(e) Unless Federal awarding agency regulations or the terms and conditions of the award
provide otherwise, recipients shall have no obligation to the Federal Government regarding program
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income earned after the end of the project period.
(f)If authorized by Federal awarding agency regulations or the terms and conditions of the
award, costs incident to the generation of program income may be deducted from gross income to
determine program income, provided these costs have not been charged to the award.
(g)Proceeds from the sale of property shall be handled in accordance with the requirements of
the Property Standards(See Sections .30 through .37).
(h) Unless Federal awarding agency regulations or the terms and condition of the award
provide otherwise, recipients shall have no obligation to the Federal Government with respect to
program income earned from license fees and royalties for copyrighted material,patents,patent
applications, trademarks, and inventions produced under an award. However, Patent and Trademark
Amendments (35 U.S.C. 18)apply to inventions made under an experimental, developmental, or
research award.
.25 Revision of budget and program plans.
(a) The budget plan is the financial expression of the project or program as approved during the
award process. It may include either the Federal and non-Federal share, or only the Federal share,
depending upon Federal awarding agency requirements. It shall be related to performance for
program evaluation purposes whenever appropriate.
(b) Recipients are required to report deviations from budget and program plans, and request
prior approvals for budget and program plan revisions, in accordance with this section.
(c)For nonconstruction awards, recipients shall request prior approvals from Federal awarding
agencies for one or more of the following program or budget related reasons.
(1)Change in the scope or the objective of the project or program(even if there is no
associated budget revision requiring prior written approval).
(2) Change in a key person specified in the application or award document.
(3) The absence for more than three months, or a 25 percent reduction in time devoted to
the project, by the approved project director or principal investigator.
(4) The need for additional Federal finding.
(5) The transfer of amounts budgeted for indirect costs to absorb increases in direct costs,
or vice versa, if approval is required by the Federal awarding agency.
(6) The inclusion, unless waived by the Federal awarding agency, of costs that require
prior approval in accordance with OMB Circular A-21, "Cost Principles for Educational
Institutions," OMB Circular A-122, "Cost Principles for Non-Profit Organizations,"or 45 CFR
part 74 Appendix E, "Principles for Determining Costs Applicable to Research and
Development under Grants and Contracts with Hospitals,"or 48 CFR part 31, "Contract Cost
Principles and Procedures," as applicable.
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(7)The transfer of funds allotted for training allowances(direct payment to trainees)to
other categories of expense.
(8)Unless described in the application and funded in the approved awards, the subaward,
transfer or contracting out of any work under an award. This provision does not apply to the
purchase of supplies,material, equipment or general support services.
(d)No other prior approval requirements for specific items may be imposed unless a deviation
has been approved by OMB.
(e)Except for requirements listed in paragraphs(c)(1)and(c)(4) of this section,Federal
awarding agencies are authorized, at their option,to waive cost-related and administrative prior
written approvals required by this Circular and OMB Circulars A-21 and A-122. Such waivers may
include authorizing recipients to do any one or more of the following.
(1)Incur pre-award costs 90 calendar days prior to award or more than 90 calendar days
with the prior approval of the Federal awarding agency.All pre-award costs are incurred at the
recipient's risk(i.e.,the Federal awarding agency is under no obligation to reimburse such costs
if for any reason the recipient does not receive an award or if the award is less than anticipated
and inadequate to cover such costs).
(2)Initiate a one-time extension of the expiration date of the award of up to 12'months
unless one or more of the following conditions apply. For one-time extensions,the recipient
must notify the Federal awarding agency in writing with the supporting reasons and revised
expiration date at least I0 days before the expiration date specified in the award. This one-time
extension may not be exercised merely for the purpose of using unobligated balances.
(i)The terms and conditions of award prohibit the extension.
(ii)The extension requires additional Federal funds.
(iii)The extension involves any change in the approved objectives or scope of the
project.
(3)Carry forward unobligated balances to subsequent funding periods.
(4)For awards that support research, unless the Federal awarding agency provides
otherwise in the award or in the agency's regulations,the prior approval requirements described
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in paragraph(e) are automatically waived(i.e., recipients need not obtain such prior approvals)
unless one of the conditions included in paragraph(e)(2)applies.
(f)The Federal awarding agency may, at its option, restrict the transfer of funds among direct
cost categories or programs, functions and activities for awards in which the Federal share of the
project exceeds$100,000 and the cumulative amount of such transfers exceeds or is expected to
exceed 10 percent of the total budget as last approved by the Federal awarding agency.No Federal
awarding agency shall permit a transfer that would cause any Federal appropriation or part thereof to
be used for purposes other than those consistent with the original intent of the appropriation.
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(g)All other changes to nonconstruction budgets,except for the changes described in
paragraph(j), do not require prior approval.
(h)For construction awards, recipients shall request prior written approval promptly from
Federal awarding agencies for budget revisions whenever(1), (2)or(3) apply.
(1)The revision results from changes in the scope or the objective of the project or
program.
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(2)The need arises for additional Federal funds to complete the project.
(3)A revision is desired which involves specific costs for which prior written approval
requirements may be imposed consistent with applicable OMB cost principles listed in
Section .27.
(i) No other prior approval requirements for specific items may be imposed unless a deviation
has been approved by OMB.
(j) When a Federal awarding agency makes an award that provides support for both
construction and nonconstruction work, the Federal awarding agency may require the recipient to
request prior approval from the Federal awarding agency before making any fund or budget transfers
between the two types of work supported.
(k)For both construction and nonconstruction awards,Federal awarding agencies shall require
recipients to notify the Federal awarding agency in writing promptly whenever the amount of Federal
authorized funds is expected to exceed the needs of the recipient for the project period by more than
$5000 or five percent of the Federal award, whichever is greater. This notification shall not be
required if an application for additional funding is submitted for a continuation award.
(1) When requesting approval for budget revisions,recipients shall use the budget forms that
were used in the application unless the Federal awarding agency indicates a letter of request suffices.
(m) Within 30 calendar days from the date of receipt of the request for budget revisions,
Federal awarding agencies shall review the request and notify the recipient whether the budget
revisions have been approved. If the revision is still under consideration at the end of 30 calendar
days, the Federal awarding agency shall inform the recipient in writing of the date when the recipient
may expect the decision.
.26 Non-Federal audits.
(a)Recipients and subrecipients that are institutions of higher education or other non-profit
organizations(including hospitals) shall be subject to the audit requirements contained in the Single
Audit Act Amendments of 1996 (31 USC 7501-7507)and revised OMB Circular A-133, "Audits of
States, Local Governments,and Non-Profit Organizations."
(b) State and local governments shall be subject to the audit requirements contained in the
Single Audit Act Amendments of 1996(31 USC 7501-7507) and revised OMB Circular A-133,
"Audits of States, Local Governments, and Non-Profit Organizations."
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(c)For-profit hospitals not covered by the audit provisions of revised OMB Circular A-133
shall be subject to the audit requirements of the Federal awarding agencies.
(d)Commercial organizations shall be subject to the audit requirements of the Federal
awarding agency or the prime recipient as incorporated into the award document.
_.27 Allowable costs. For each kind of recipient,there is a set of Federal principles for determining
allowable costs. Allowability of costs shall be determined in accordance with the cost principles
applicable to the entity incurring the costs. Thus, allowability of costs incurred by State, local or
federally-recognized Indian tribal governments is determined in accordance with the provisions of
OMB Circular A-87, "Cost Principles for State, Local, and Indian Tribal Governments."The
allowability of costs incurred by non-profit organizations is determined in accordance with the
provisions of OMB Circular A-122, "Cost Principles for Non-Profit Organizations." The allowability
of costs incurred by institutions of higher education is determined in accordance with the provisions
of OMB Circular A-21, "Cost Principles for Educational Institutions."
The allowability of costs
incurred by hospitals is determined in accordance with the provisions of Appendix E of 45 CFR part
74, "Principles for Determining Costs Applicable to Research and Development Under Grants and
Contracts with Hospitals."The allowability of costs incurred by commercial organizations and those
non-profit organizations listed in Attachment C to Circular.A-122 is determined in accordance with
the provisions of the Federal Acquisition Regulation(FAR)at 48 CFR part 31.
_.28 Period of availability of funds. Where a funding period is specified,a recipient may charge to
the grant only allowable costs resulting from obligations incurred during the funding period and any
pre-award costs authorized by the Federal awarding agency.
.29 Conditional exemptions.
(a)OMB authorizes conditional exemption from OMB administrative requirements and cost
principles circulars for certain Federal programs with statutorily-authorized consolidated planning
and consolidated administrative funding,that are identified by a Federal agency and approved by the
head of the Executive department or establishment. A Federal agency shall consult with OMB during
its consideration of whether to grant such an exemption.
(b)To promote efficiency in State and local program administration,when Federal non-
entitlement programs with common purposes have specific statutorily-authorized consolidated
planning and consolidated administrative funding and where most of the State agency's resources
come from non-Federal sources,Federal agencies may exempt these covered State-administered,non-
entitlement grant programs from certain OMB grants management requirements. The exemptions
would be from all but the allocability of costs provisions of OMB Circulars A-87(Attachment A,
subsection C.3), "Cost Principles for State, Local, and Indian Tribal.Governments," A-21 (Section C,
subpart 4),"Cost Principles for Educational Institutions," and A-122 (Attachment A,subsection A.4),
"Cost Principles for Non-Profit Organizations,"
and from all of the administrative requirements
provisions of OMB Circular A-110, "Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education,Hospitals, and Other Non-Profit Organizations,"
and the agencies' grants management common rule.
(c)When a Federal agency provides this flexibility, as a prerequisite to a State's exercising this
option, a State must adopt its own written fiscal and administrative requirements for expending and
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accounting for all funds,which are consistent with the provisions of OMB Circular A-87, and extend
such policies to all subrecipients. These fiscal and administrative requirements must be sufficiently
specific to ensure that: funds are used in compliance with all applicable Federal statutory and
regulatory provisions, costs are reasonable and necessaryfor
not be used for general expenses required to carry operating these programs, and funds are
subrecipients: out other responsibilities of a State or its
Property Standards
.30 Purpose of property standards. Sections .31 throw .37 set
governing management and disposition of property furnished by the Federal oGove rth Inzment whose cost
was charged to a project supported by a Federal award. Federal awarding agencies shall require
recipients to observe these standards under awards and shall not impose additional requirements,
unless specifically required by Federal statute. The recipient may use its own property management
standards and procedures provided it observes the provisions of Sections .31 through .37.
.31 Insurance coverage. Recipients shall,at a minimum,provide the equivalent insurance
coverage for real property and equipment acquired with Federal funds as provided to property owned
by the recipient. Federally-owned property need not be insured unless required by the terms and
conditions of the award.
.32 Real property. Each Federal awarding agency shall
concerning the use and disposition of realpropertyprescribe requirements for recipients
under awards.
otherwise provided by statute, such requirements,at gminimum, shall contained in whole or in the following. Unless
(a)Title to real property shall vest in the recipient subject to the condition that the recipient
shall use the real property for the authorized purpose of the project as long as it is needed and shall
not encumber the property without approval of the Federal awarding agency.
(b)The recipient shall obtain written approval by the Federal awarding agency for the use of
real property in other federally-sponsored projects when the recipient determines that the property is
no longer needed for the purpose of the original project. Use in other projects shall be limited to those
under federally-sponsored projects(i.e.,awards)or programs that have purposes consistent with those
authorized for support by the Federal awarding agency.
(c) When the real property is no Ionger needed as provided inparagraphs
recipient shall request disposition instructions from the Federal awarding agency orand successor
Federal awarding agency. The Federal awarding agency shall observ
e one or more of the following
disposition instructions,
(1) The recipient may be permitted to retain title without further obligation to the Federal
Government after it compensates the Federal Government for that percentage of the current fair
market value of the property attributable to the Federal participation in the project.
(2) The recipient may be directed to sell the property under guidelines provided by the
Federal awarding agency and pay the Federal Government for that percentage of the current fair
market value of the property attributable to the Federal participation in the project(after
deducting actual and reasonable selling and fix-up expenses, if any, from the sales proceeds).
When the recipient is authorized or required to sell the property,proper sales procedures shall
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be established that provide for competition to the extent practicable and result in the highest
possible return.
(3).The recipient may be directed to transfer title to the property to the Federal
Government or to an eligible third party provided that, in such cases,the recipient shall be
entitled to compensation for its attributable percentage of the current fair market value of the
property.
.33 Federally-owned and exempt property.
(a)Federally-owned property.
(1)Title to federally-owned property remains vested in the Federal Government.
Recipients shall submit annually an inventory listing of federally-owned property in their
custody to the Federal awarding agency. Upon completion of the award or when the property is
no longer needed,the recipient shall report the property to the Federal awarding agency for
further Federal agency utilization.
(2)If the Federal awarding agency has no further need for the property, it shall be
declared excess and reported to the General Services Administration,unless the Federal
awarding agency has statutory authority to dispose of the property by alternative methods(e.g.,
the authority provided by the Federal Technology Transfer Act(15 U.S.C. 3710(I))to donate
research equipment to educational and non-profit organizations in accordance with E.O. 12821,
"Improving Mathematics and Science Education in Support of the National Education Goals.")
Appropriate instructions shall be issued to the recipient by the Federal awarding agency.
(b)Exempt property.When statutory authority exists,the Federal awarding agency has the
option to vest title to property acquired with Federal funds in the recipient without further obligation
to the Federal Government and under conditions the Federal awarding agency considers appropriate.
Such property is"exempt property." Should a Federal awarding agency not establish conditions,title
to exempt property upon acquisition shall vest in the recipient without further obligation to the
Federal Government.
.34 Equipment.
(a)Title to equipment acquired by a recipient with Federal funds shall vest in the recipient,
subject to conditions of this section.
(b)The recipient shall not use equipment acquired with Federal funds to provide services to
non-Federal outside organizations for a fee that is less than private companies charge for equivalent
services, unless specifically authorized by Federal statute, for as Iong as the Federal Government
retains an interest in the equipment.
(c) The recipient shall use the equipment in the project or program for which it was acquired as
long as needed,whether or not the project or program continues to be supported by Federal funds and
shall not encumber the property without approval of the Federal awarding agency. When no longer
needed for the original projector program, the recipient shall use the equipment in connection with
its other federally-sponsored activities, in the following order of priority: (i)Activities sponsored by
the Federal awarding agency which funded the original project,then(ii) activities sponsored by other
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Federal awarding agencies.
(d)During the time that equipment is used on the project or program for which it was acquired,
the recipient shall make it available for use on other projects or programs if such other use will not
interfere with the work on the project or program for which the equipment was originally acquired.
. First preference for such other use shall be given to other projects or programs sponsored by the
Federal awarding agency that financed the equipment; second preference shall be given to projects or
programs sponsored by other Federal awarding agencies. If the equipment is owned by the Federal
Government, use on other activities not sponsored by the Federal Government shall be permissible if
authorized by the Federal awarding agency. User charges shall be treated as program income.
(e) When acquiring replacement equipment,the recipient may use the equipment to be replaced
as trade-in or sell the equipment and use the proceeds to offset the costs of the replacement
equipment subject to the approval of.the Federal awarding agency.
(f) The recipient's property management standards for equipment acquired with Federal funds
and federally-owned equipment shall include all of the following.
(1)Equipment records shall be maintained accurately and shall include the following
information.
(i)A.description of the equipment.
(ii)Manufacturer's serial number,model number, Federal stock number,national
stock number,or other identification number.
(iii)Source of the equipment, including the award number.
(iv) Whether title vests in the recipient or the Federal Government.
(v)Acquisition date(or date received, if the equipment was furnished by the
Federal Government)and cost.
(vi) Information from which one can calculate the percentage of Federal •
participation in the cost of the equipment(not applicable to equipment furnished by the
Federal Government).
(vii)Location and condition of the equipment and the date the information was
reported.
(viii)Unit acquisition cost.
(ix)Ultimate disposition data, including date of disposal and sales price or the
method used to determine current fair market value where a recipient compensates the
Federal awarding agency for its share.
(2)Equipment owned by the Federal Government shall be identified to indicate Federal
ownership.
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(3)A physical inventory of equipment shall be taken and the results reconciled with the
equipment records at least once every two years. Any differences between quantities
determined by the physical inspection and those shown in the accounting records shall be
investigated to determine the causes of the difference. The recipient shall, in connection with
the inventory, verify the existence,current utilization, and continued need for the equipment.
(4)A control system shall be in effect to insure adequate safeguards to prevent loss, •
damage,or theft of the equipment. Any loss,damage,or theft of equipment shall be
investigated and fully documented; if the equipment was owned by the Federal Government,
the recipient shall promptly notify the Federal awarding agency.
(5)Adequate maintenance procedures shall be implemented to keep the equipment in
good condition.
. (6)Where the recipient is authorized or required to sell the equipment,proper sales
procedures shall be established which provide for competition to the extent practicable and
result in the highest possible return.
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(g)When the recipient no longer needs the equipment,the equipment may be used for other
activities in accordance with the following standards. For equipment with a current per unit fair
market value of$5000 or more,the recipient may retain the equipment for other uses provided that
compensation is made to the original Federal awarding agency or its successor. The amount of
compensation shall be computed by applying the percentage of Federal participation in the cost of the
original project or program to the current fair market value of the equipment. If the recipient has no
need for the equipment,the recipient shall request disposition instructions from the Federal awarding
agency. The Federal awarding agency shall determine whether the equipment can be used to meet the
agency's requirements. If no requirement exists within that agency, the availability of the equipment
shall be reported to the General Services Administration by the Federal awarding agency to determine
whether a requirement for the equipment exists in other Federal agencies. The Federal awarding
agency shall issue instructions to the recipient no later than 120 calendar days after the recipient's
request and the following procedures shall govern.
(1)If so instructed or if disposition instructions are not issued within 120 calendar days
after the recipient's request, the recipient shall sell the equipment and reimburse the Federal
awarding agency an amount computed by applying to the sales proceeds the percentage of
Federal participation in the cost of the original project or program. However,the recipient shall
be permitted to deduct and retain from the Federal share$500 or ten percent of the proceeds,
whichever is less, for the recipient's selling and handling expenses.
(2) If the recipient is instructed to ship the equipment elsewhere, the recipient shall be
reimbursed by the Federal Government by an amount which is computed by applying the
percentage of the recipient's participation in the cost of the original project or program to the
current fair market value of the equipment,plus any reasonable shipping or interim storage
costs incurred.
(3)If the recipient is instructed to otherwise dispose of the equipment,the recipient shall
be reimbursed by the Federal awarding agency for such costs incurred in its disposition.
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(4)The Federal awarding agency may reserve the right to transfer the title to the Federal
Government or to a third party named by the Federal Government when such third party is
otherwise eligible under existing statutes. Such transfer shall be subject to the following
standards.
• (i)The equipment shall be appropriately identified in the award or otherwise made
known to the recipient in writing.
(ii)The Federal awarding agency shall issue disposition instructions within 120
calendar days after receipt of a final inventory. The final inventory shall list all
equipment acquired with grant funds and federally-owned equipment. If the Federal
awarding agency fails to issue disposition instructions within the 120 calendar day
period,the recipient shall apply the standards of this section, as appropriate.
(iii)When the Federal awarding.agency exercises its right to take title, the
equipment shall be subject to the provisions for federally-owned equipment.
.35 Supplies and other expendable property.
(a)Title to supplies and other expendable property shall vest in the recipient upon acquisition.
If there is a residual inventory of unused supplies exceeding$5000 in total aggregate value upon
termination or completion of the project or program and the supplies are not needed for any other
federally-sponsored project or program, the recipient shall retain the supplies for use on non-Federal
sponsored activities or sell them,but shall,in either case,compensate the Federal Government for its
share. The amount of compensation shall be computed in the same manner as for equipment.
(b)The recipient shall not use supplies acquired with Federal funds to provide services to non-
Federal outside organizations for a fee that is less than private companies charge for equivalent
services, unless specifically authorized by Federal statute as long as the Federal Government retains
an interest in the supplies.
.36 Intangible property.
(a) The recipient may copyright any work that is subject to copyright and was developed,or for
which ownership was purchased,under an award. The Federal awarding agency(ies)reserve a •
royalty-free,nonexclusive and irrevocable right to reproduce,publish, or otherwise use the work for
Federal purposes, and to authorize others to do so.
(b)Recipients are subject to applicable regulations governing patents and inventions, including
government-wide regulations issued by the Department of Commerce at 37 CFR part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements."
(c)The Federal Government has the right to:
(1)obtain,reproduce,publish or otherwise use the data first produced under an award;
and
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(2) authorize others to receive,reproduce, publish, or otherwise use such data for Federal
purposes.
(d) (1) In addition, in response to a Freedom of Information Act(FOIA)request for research
data relating to published research findings produced under an award that were used by the Federal
Government in developing an agency action that has the force and effect of law,the Federal awarding
agency shall request, and the recipient shall provide,within a reasonable time,the research data so
• that they can be made available to the public through the procedures established under the FOIA: If
the Federal awarding agency obtains the research data solely in response to a FOIA request, the
agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the
research data. This fee should reflect costs incurred by the agency,the recipient, and applicable
subrecipients. This fee is in addition to any fees the agency may assess under the FOIA(5 U.S.C. 552
(a)(4)(A)).
(2)The following definitions apply for purposes of paragraph(d)of this section:
(i)Research data is defined as the recorded factual material commonly accepted in
the scientific community as necessary to validate research findings,but not any of the
following: preliminary analyses,drafts of scientific papers,plans for future research,peer
reviews,or communications with colleagues. This "recorded" material excludes physical
objects(e.g., laboratory samples). Research data also do not include:
(A)Trade secrets,commercial information,materials necessary to be held
confidential by a researcher until they are published,or similar information which
is protected under law; and
(B)Personnel and medical information and similar information the
• disclosure of which would constitute a clearly unwarranted invasion of personal
privacy, such as information that could be used to identify a particular person in a
research study.
(ii)Published is defined as either when:
(A)Research findings are published in a peer-reviewed scientific or
technical journal;or •
(B)A Federal agency publicly and officially cites the research findings in
support of an agency action that has the force and effect of law.
(iii) Used by the Federal Government in developing an agency action that has the
force and effect of law is defined as when an agency publicly and officially cites the
research findings in support of an agency action that has the force and effect of law.
(e)Title to intangible property and debt instruments acquired under an award or subaward vests
upon acquisition in the recipient. The recipient shalt use that property for the originally-authorized
purpose, and the recipient shall not encumber the property without approval of the Federal awarding
agency. When no longer needed for the originally authorized purpose,disposition of the intangible
property shall occur in accordance with the provisions of paragraph .34(g).
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.37 Property trust relationship. Real property,equipment, intangible property and debt instruments.
that are acquired or improved with Federal funds shall be held in trust by the recipient as trustee for
the beneficiaries of the project or program under which the property was acquired or improved.
Agencies may require recipients to record liens or other appropriate notices of record to indicate that
personal or real property has been acquired or improved with Federal funds and that use and
disposition conditions apply to the property.
Procurement Standards
_.40 Purpose of procurement standards. Sections .41 through_.48 set forth standards for use
by recipients in establishing procedures for the procurement of supplies and other expendable
property,equipment,real property and other services with Federal funds. These standards are __
furnished to ensure that such materials and services are obtained in an effective manner and in
compliance with the provisions of applicable Federal statutes and executive orders. No additional
procurement standards or requirements shall be imposed by the Federal awarding agencies upon
recipients,unless specifically required by Federal statute or executive order or approved by OMB.
.41 Recipient responsibilities. The standards contained in this section do not relieve the recipient
of the contractual responsibilities arising under its contract(s). The recipient is the responsible
authority,without recourse to the Federal awarding agency, regarding the settlement and satisfaction
of all contractual and administrative issues arising out of procurements entered into in support of an
award or other agreement. This includes disputes, claims,protests of award, source evaluation or
other matters of a contractual nature. Matters concerning violation of statute are to be referred to such
Federal, State or local authority as may have proper jurisdiction.
_.42 Codes of conduct. The recipient shall maintain written standards of conduct governing the
performance-of its employees engaged in the award and administration of contracts. No employee,
officer,or agent shall participate in the selection, award, or administration of a contract supported by
Federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise
when the employee, officer, or agent,any member of his or her immediate family,his or her partner,
or an organization which employs or is about to employ any of the parties indicated herein,has a
financial or other interest in the firm selected for an award. The officers,employees, and agents of the
recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from
contractors,or parties to subagreements. However,recipients may set standards for situations in
which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The
standards of conduct shall provide for disciplinary actions to be applied for violations of such
standards by officers, employees,or agents of the recipient.
Competition. All procurement transactions shall be conducted in a manner to provide,to the
maximum extent practical,open and free competition. The recipient shall be alert to organizational
conflicts of interest as well as noncompetitive practices among contractors that may restrict or
eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance
and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements, Awards shall be made to the bidder or offeror whose bid or
offer is responsive to the solicitation and is most advantageous to the recipient, price, quality and
other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror
shall fulfill in order for the bid or offer to be evaluated by the recipient. Any and all bids or offers
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may be rejected when it is in the recipient's interest to do so.
.44 Procurement procedures.
(a) All recipients shall establish written procurement procedures.These procedures shall
provide for, at a minimum,that(1),(2)and(3)apply.
(1)Recipients avoid purchasing unnecessary items.
(2)Where appropriate, an analysis is made of lease and purchase alternatives to
determine which would be the most economical and practical procurement for the Federal
Government.
(3)Solicitations for goods and services provide for all of the following.
(i) A clear and accurate description of the technical requirements for the material,
product or service to be procured. In competitive procurements, such a description shall
not contain features which unduly restrict competition.
(ii)Requirements which the bidder/offeror must fulfill and all other factors to be
used in evaluating bids or proposals.
(iii)A description, whenever practicable,of technical requirements in terms of
functions to be performed or performance required, including the range of acceptable
characteristics or minimum acceptable standards.
(iv)The specific features of"brand name or equal" descriptions that bidders are
required to meet when such items are included in the solicitation.
(v)The acceptance,to the extent practicable and economically feasible,of
products and services dimensioned in the metric system of measurement.
(vi)Preference,to the extent practicable and economically feasible, for products
and services that conserve natural resources and protect the environment and are energy
efficient.
(b)Positive efforts shall be made by recipients to utilize small businesses,minority-owned
firms, and women's business enterprises,whenever possible. Recipients of Federal awards shall take
all of the following steps to further this goal.
(1)Ensure that small businesses, minority-owned firms,and women's business
enterprises are used to the fullest extent practicable.
(2)Make information on forthcoming opportunities available and arrange time frames
for purchases and contracts to encourage and facilitate participation by small businesses,
minority-owned firms,and women's business enterprises.
(3)Consider in the contract process whether firms competing for larger contracts intend
to subcontract with small businesses,minority-owned firms, and women's business enterprises.
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(4) Encourage contracting with consortiums of small businesses,minority-owned firms
and women's business enterprises when a contract is too large for one of these firms to handle
individually.
(5)Use the services and assistance, as appropriate,of such organizations as the Small
Business Administration and the Department of Commerce's Minority Business Development
Agency in the solicitation and utilization of small businesses, minority- owned firms and
women's business enterprises.
(c)The type of procuring instruments used (e.g., fixed price contracts,cost reimbursable
contracts,purchase orders, and incentive contracts)shall be determined by the recipient but shall be
appropriate for the particular procurement and for promoting the best interest of the program or
project involved. The"cost-plus-a-percentage-of-cost"or"percentage of construction cost"methods
of contracting shall not be used.
(d)Contracts shall be made only with responsible contractors who possess the potential ability
to perform successfully under the terms and conditions of the proposed procurement. Consideration
shall be given to such matters as contractor integrity, record of past performance, financial and
technical resources or accessibility to other necessary resources. In certain circumstances, contracts
with certain parties are restricted by agencies'implementation of E.O.s 12549 and 12689, "Debarment
and Suspension."
(e)Recipients shall, on request,make available for the Federal awarding agency,pre-award
review and procurement documents, such as request for proposals or invitations for bids,independent
cost estimates, etc., when any of the following conditions apply.
(1)A recipient's procurement procedures or operation fails to comply with the
procurement standards in the Federal awarding agency's implementation of this Circular.
(2)The
he procurement is expected to exceed the small purchase threshold fixed at 41
U.S.C. 403 (11)(currently$25,000)and is to be awarded without competition or only one bid
or offer is received in response to a solicitation.
(3) The procurement,which is expected to exceed the small purchase threshold,specifies
a"brand name"product.
(4) The proposed award over the small purchase threshold is to be awarded to other than
the apparent low bidder under a sealed bid procurement.
(5)A proposed contract modification changes the scope of a contract or increases the
contract amount by more than the amount of the small purchase threshold.
.45 Cost and price analysis. Some form of cost or price analysis shall be made and documented in
the procurement files in connection with every procurement action. Price analysis may be
accomplished in various ways, including the comparison of price quotations submitted,market prices
and similar indicia, together with discounts, Cost analysis is the review and evaluation of each
element of cost to determine reasonableness, allocability and allowability.
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_.46 Procurement records. Procurement records and files for purchases in excess of the small
purchase threshold shall include the following at a minimum: (a)basis for contractor selection, (b)
justification for lack of competition.when competitive bids or offers are not obtained, and(c)basis
for award cost or price.
_.47 Contract administration. A system for contract administration shall be maintained to ensure
contractor conformance with the terms,conditions and specifications of the contract and to ensure
adequate and timely follow up of all purchases.Recipients shall evaluate contractor performance and
document, as appropriate,whether contractors have met the terms,conditions and specifications of
the contract.
_.48 Contract provisions. The recipient shall include,in addition to provisions to define a sound
and complete agreement,the following provisions in all contracts: The following provisions shall also
be applied to subcontracts.
(a) Contracts in excess of the small purchase threshold shall contain contractual provisions or
conditions that allow for administrative,contractual,or legal remedies in instances in which a
contractor violates or breaches the contract terms,and provide for such remedial actions as may be
appropriate.
(b) All contracts in excess of the small purchase threshold shall contain suitable provisions for
termination by the recipient,including the manner by which termination shall be effected and the
basis for settlement. In addition,such contracts shall describe conditions under which the contract
may be terminated for default as well as conditions where the contract may be terminated because of
circumstances beyond the control of the contractor.
(c) Except as otherwise required by statute, an award that requires the contracting(or
subcontracting) for construction or facility improvements shall provide for the recipient to follow its
own requirements relating to bid guarantees,performance bonds, and payment bonds unless the
construction contract or subcontract exceeds$100,000.For those contracts or subcontracts exceeding
$100,000, the Federal awarding agency may accept the bonding policy and requirements of the
recipient,provided the Federal awarding agency has made a determination that the Federal
Government's interest is adequately protected. If such a determination has not been made,the
minimum requirements shall be as follows.
(1)A bid guarantee from each bidder equivalent to five percent of the bid price. The"bid
guarantee" shall consist of a firm commitment such as a bid bond, certified check,or other
negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance
of his bid,execute such contractual documents as may be required within the time specified.
(2)A performance bond on the part of the contractor for 100 percent of the contract
price. A"performance bond" is one executed in connection with a contract to secure fulfillment
of all the contractor's obligations under such contract.
(3)A payment bond on the part of the contractor for 100 percent of the contract price. A
"payment bond" is one executed in connection with a contract to assure payment as required by
statute of all persons supplying labor and material in the execution of the work provided for in
the contract.
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(4)Where bonds are required in the situations described herein, the bonds shall be
obtained from companies holding certificates of authority as acceptable sureties pursuant to 31
CFR part 223, "Surety Companies Doing Business with the United States."
(d)All negotiated contracts(except those for less than the small purchase threshold)awarded
by recipients shall include a provision to the effect that the recipient, the Federal awarding agency,
the Comptroller General of the United States,or any of their duly authorized representatives, shall
have access to any books, documents,papers and records of the contractor which are directly
pertinent to a specific program for the purpose of making audits, examinations,excerpts and
transcriptions.
(e)All contracts, including small purchases, awarded by recipients and their contractors shall
contain the procurement provisions of Appendix A to this Circular, as applicable.
Reports and Records
.50 Purpose of reports and records. Sections .51 through .53 set forth the procedures for
monitoring and reporting on the recipient's financial and program performance and the necessary
standard reporting forms. They also set forth record retention requirements.
.51 Monitoring and reporting program performance.
(a)Recipients are responsible for managing and monitoring each project,program, subaward,
function or activity supported by the award. Recipients shall monitor subawards to ensure
subrecipients have met the audit requirements as delineated in Section .26.
(b)The Federal awarding agency shall prescribe the frequency with which the performance
reports shall be submitted. Except as provided in paragraph .51(f),performance reports shall not
be required more frequently than quarterly or, less frequently than annually. Annual reports shall be
due 90 calendar days after the grant year; quarterly or semi-annual reports shall be due 30 days after
the reporting period. The Federal awarding agency may require annual reports before the anniversary
dates of multiple year awards in lieu of these requirements.The final performance reports are due 90
calendar days after the expiration or termination of the award.
(c) If inappropriate, a final technical or performance report shall not be required after
completion of the project.
(d) When required, performance reports shall generally contain, for each award,brief
information on each of the following.
(1)A comparison of actual accomplishments with the goals and objectives established
for the period, the findings of the investigator, or both. Whenever appropriate and the output of
programs or projects can be readily quantified, such quantitative data should be related to cost
data for computation of unit costs.
(2) Reasons why established goals were not met,if appropriate.
(3) Other pertinent information including,when appropriate, analysis and explanation of
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cost overruns or high unit costs.
(e)Recipients shall not be required to submit more than the original and two copies of
performance reports.
(f)Recipients shall immediately notify the Federal awarding agency of developments that have
a significant impact on the award-supported activities. Also, notification shall be given in the case of
problems, delays,or adverse conditions which materially impair the ability to meet the objectives of
the award.This notification shall include a statement of the action taken or contemplated, and any
assistance needed to resolve the situation.
(g)Federal awarding agencies may make site visits,as needed.
(h)Federal awarding agencies shall comply with clearance requirements of 5 CFR part 1320
when requesting performance data from recipients.
.52 Financial reporting.
•
(a)The following forms or such other forms as may be approved by OMB are authorized for
obtaining financial information from recipients.
(1)SF-269 or SF-269A,Financial Status Report.
(i)Each Federal awarding agency shall require recipients to use the SF-269 or SF-
269A to report the status of funds for all nonconstruction projects or programs. A Federal
awarding agency may,however,have the option of not requiring the SF-269 or SF-269A
when the SF-270,Request for Advance or Reimbursement, or SF-272,Report of Federal-
Cash Transactions,is determined to provide adequate information to meet its needs,
except that a final SF-269 or SF-269A shall be required at the completion of the project
when the SF-270 is used only for advances.
(ii)The Federal awarding agency shall prescribe whether the report shall be on a
cash or accrual basis. If the Federal awarding agency requires accrual information and
the recipient's accounting records are not normally kept on the accrual basis,the recipient
shall not be required to convert its accounting system,but shall develop such accrual
information through best estimates based on an analysis of the documentation on hand.
(iii)The Federal awarding agency shall determine the frequency of the Financial
Status Report for each project or program,considering the size and complexity of the
particular project or program. However, the report shall not be required more frequently
than quarterly or less frequently than annually. A final report shall be required at the
completion of the agreement.
(iv) The Federal awarding agency shall require recipients to submit the SF-269 or
SF-269A(an original and no more than two copies)no later than 30 days after the end of
each specified reporting period for quarterly and semi-annual reports, and 90 calendar
days for annual and final reports.Extensions of reporting due dates may be approved by
the Federal awarding agency upon request of the recipient.
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(2)SF-272,Report of Federal Cash Transactions.
(i)When funds are advanced to recipients the Federal awarding agency shall
require each recipient to submit the SF-272 and, when necessary, its continuation sheet,
SF-272a. The Federal awarding agency shall use this report to monitor cash advanced to
recipients and to obtain disbursement information for each agreement with the recipients.
(ii)Federal awarding agencies may require forecasts of Federal cash requirements
in the "Remarks"section of the report.
(iii) When practical and deemed necessary,Federal awarding agencies may require
recipients to report in the "Remarks" section the amount of cash advances received in
excess of three days. Recipients shall provide short narrative explanations of actions.
taken to reduce the excess balances.
(iv)Recipients shall be required to submit not more than the original and two
copies of the SF-272 15 calendar days following the end of each quarter. The Federal
awarding agencies may require a monthly report from those recipients receiving
advances totaling$1 million or more per year.
(v)Federal awarding agencies may waive the requirement for submission of the
SF-272 for any one of the following reasons; (1)When monthly advances do not exceed
$25,000 per recipient,provided that such advances are monitored through other forms
contained in this section; (2)If, in the Federal awarding agency's opinion,the recipient's
accounting controls are adequate to minimize excessive Federal advances; or, (3)When
the electronic payment mechanisms provide adequate data.
(b)When the Federal awarding agency needs additional information or more frequent reports,
the following shall be observed.
(1)When additional information is neede
d to comply with legislative� requirements,
Federal awarding agencies shall issue instructions to require recipients to submit such
information under the"Remarks" section of the reports.
(2) When a Federal awarding agency determines that a recipient's accounting system
does not meet the standards in Section .21,additional pertinent information to further
monitor awards may be obtained upon written notice to the recipient until such time as the
system is brought up to standard. The Federal awarding agency, in obtaining this information,
shall comply with report clearance requirements of 5 CFR part
1320.
(3)Federal awarding agencies are encouraged to shade out any line item on any report if
not necessary.
(4)Federal awarding agencies may accept the identical information from the recipients in
machine readable format or computer printouts or electronic outputs in lieu of prescribed
formats.
(5) Federal awarding agencies may provide computer or electronic outputs to recipients
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when such expedites or contributes to the accuracy of reporting.
.53 Retention and access requirements for records.
(a)This section sets forth requirements for record retention and access to records for awards to
recipients. Federal awarding agencies shall not impose any other record retention or access
requirements upon recipients.
(b)Financial records, supporting documents, statistical records, and all other records pertinent
to an award shall be retained for a period of three years from the date of submission of the final
expenditure report or, for awards that are renewed quarterly or annually, from the date of the
submission of the quarterly or annual financial report,as authorized by the Federal awarding agency.
The only exceptions are the following.
(1)If any litigation, claim,or audit is started.before the expiration of the 3-year period,
the records shall be retained until all litigation,claims or audit findings involving the records
have been resolved and final action taken.
(2)Records for real property and equipment acquired with Federal funds shall be
retained for 3 years after final disposition.
(3)When records are transferred to or maintained by the Federal awarding agency, the 3-
year retention requirement is not applicable to the recipient.
(4)Indirect cost rate proposals,cost allocations plans,etc. as specified in
paragraph .53(g).
(c) Copies of original records may be substituted for the original records if authorized by the
Federal awarding agency:
(d)The Federal awarding agency shall request transfer of certain records to its custody from
recipients when it determines that the records possess long term retention value. However, in order to
•
avoid duplicate recordkeeping,a Federal awarding agency may make arrangements for recipients to
retain any records that are continuously needed for joint use:
(e)The Federal awarding agency,the Inspector General,Comptroller General of the United
States, or any of their duly authorized representatives,have the right of timely and unrestricted access
to any books,documents,papers, or other records of recipients that are pertinent to the awards,in
order to make audits, examinations,excerpts, transcripts and copies of such documents. This right
also includes timely and reasonable access to a recipient's personnel for the purpose of interview and
discussion related to such documents. The rights of access in this paragraph are not limited to the
required retention period,but shall last as long as records are retained.
(f)Unless required by statute,no Federal awarding agency shall place restrictions on recipients
that limit public access to the records of recipients that are pertinent to an award, except when the
• Federal awarding agency can demonstrate that such records shall be kept confidential and would have
been exempted from disclosure pursuant to the Freedom of Information Act(5 U.S.C. 552)if the
records had belonged to the Federal awarding agency.
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(g) Indirect cost rate proposals,cost allocations plans,etc. Paragraphs(g)(1)and(gx2)apply to
the following types of documents, and their supporting records: indirect cost rate computations or
proposals,cost allocation plans,and any similar accounting computations of the rate at which a
particular group of costs is chargeable(such as computer usage chargeback rates or composite fringe.
benefit rates).
(1)If submitted for agency
If the recipient submits to the Federal awardinga encY
or the subrecipient submits to the recipient p the ,l osa roplan,or othercomputation to form the
proposal,
basis for negotiation ofthe
rate,
then the t e 3-year retention period for its supporting records starts
on the date of such submission.
(2)If not submitted for negotiation. If the recipient is not required to submit to the _
Federal awarding agency or the subrecipient is not required to submit to the recipient the
proposal,plan, or other computation for negotiation purposes,then the 3-year retention period
for the proposal, plan,or other computation and its supporting records starts at the end of the
fiscal year(or other accounting period)covered by the proposal,plan,or other computation.
Termination and Enforcement
.60 Purpose of termination and enforcement. Sections_.61 and .62 set forth uniform
suspension, termination and enforcement procedures.
_.61 Termination.
(a)Awards may be terminated in whole or in part only if(1),(2)or(3)apply.
(1)By the Federal awarding agency,if a recipient materially fails to comply with the
terms and conditions of an award.
(2)By the Federal awarding agency with the consent of the recipient, in which case the
two parties shall agree upon the termination conditions, including the effective date and,in the
case of partial termination, the portion to be terminated.
(3)By the recipient upon sending to the Federal awarding agency written notification
setting forth the reasons for such termination,the effective date, and, in the case of partial
termination,the portion to be terminated. However,if the Federal awarding agency determines
in the case of partial termination that the reduced or modified portion of the grant will not
accomplish the purposes for which the grant was made,it may terminate the grant in its entirety
Under either paragraphs(a)(1)or(2).
(b) If costs are allowed under an award, the responsibilities of the recipient referred to in
paragraph (.71{a), including
ding those for property management as applicable, shall be considered in
the termination of the award,and provision shall be made for continuing responsibilities of the
recipient after termination, as appropriate.
.62 Enforcement.
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(a)Remedies for noncompliance. If a recipient materially fails to comply with the terms and
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conditions of an award,whether stated in a Federal statute,regulation, assurance, application, or
notice of award,the Federal awarding agency may,in addition to imposing any of the special
conditions outlined in Section .14,take one or more of the following actions, as appropriate in the
circumstances.
(1)Temporarily withhold cash payments pending correction of the deficiency by the
recipient or more severe enforcement action by the Federal awarding agency.
(2)Disallow(that is,deny both use of funds and any applicable matching credit for) all
or part of the cost of the activity or action not in compliance.
(3)Wholly or partly suspend or terminate the current award.
(4)Withhold further awards for the project or program.
(5)Take other remedies that may be legally available.
(b)Hearings and appeals.In taking an enforcement action,the awarding agency shall provide
the recipient an opportunity for hearing,appeal,or other administrative proceeding to which the
recipient is entitled under any statute or regulation applicable to the action involved.
(c)Effects of suspension and termination. Costs of a recipient resulting from obligations
incurred by the recipient during a suspension or after termination of an award are not allowable
unless the awarding agency expressly authorizes them in the notice of suspension or termination or
subsequently.Other recipient costs during suspension or after termination which are necessary and
not reasonably avoidable are allowable if(1)and(2)apply.
(1)The costs result from obligations which were properly incurred by the recipient
before the effective date of suspension or termination,are not in anticipation of it, and in the
case of a termination,are noncancellable.
(2)The costs would be allowable if the award were not suspended or expired normally at
the end of the funding period in which the termination takes effect.
(d)Relationship to debarment and suspension. The enforcement remedies identified in this
section,including suspension and termination,do not preclude a recipient from being subject to
debarment and suspension under E.O.s 12549 and 12689 and the Federal awarding agency
implementing regulations(see Section .13).
SUBPART D- After-the-Award Requirements
_.70 Purpose. Sections .71 through .73 contain closeout procedures and other procedures
for subsequent disallowances and adjustments.
.71 Closeout procedures.
(a)Recipients shall submit,within 90 calendar days after the date of completion of the award,
all financial,performance, and other reports as required by the terms and conditions of the award. The
Federal awarding agency may approve extensions when requested by the recipient.
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(b)Unless the Federal awarding agency authorizes an extension,a recipient shall liquidate all
obligations incurred under the award not later than 90 calendar days after the funding period or the
date of completion as specified in the terms and conditions of the award or in agency implementing
instructions.
(c)The Federal awarding agency shall make prompt payments to a recipient for allowable
reimbursable costs under the award being closed out.
(d) The recipient shall promptly refund any balances of unobligated cash that the Federal
awarding agency has advanced or paid and that is not authorized to be retained by the recipient for
use in other projects. OMB Circular A-129 governs unreturned amounts that become delinquent
debts.
(e) When authorized by the terms and conditions of the award, the Federal awarding agency
shall make a settlement for any upward or downward adjustments to the Federal share of costs after
closeout reports are received.
(f) The recipient shall account for any real and personal property acquired with Federal funds or
received from the Federal Government in accordance with Sections .31 through_.37.
(g)In the event a final audit has not been performed prior to the closeout of an award,the
Federal awarding agency shall retain the right to recover an appropriate amount after fully
considering the recommendations on disallowed costs resulting from the fmal audit.
.72 Subsequent adjustments and continuing responsibilities.
(a) The closeout of an award does not affect any of the fallowing.
(1)The right of the Federal awarding agency to disallow costs and recover funds on the
basis of a later audit or other review.
(2)The obligation of the recipient to return any funds due as a result of later refunds,
corrections,or other transactions.
(3)Audit requirements in Section_.26.
(4)Property management requirements in Sections .31 through .37.
(5)Records retention as required in Section .53.
(b)After closeout of an'award,a relationship created under an award may be modified or ended
in whole or in part with the consent of the Federal awarding agency and the recipient,provided the
responsibilities of the recipient referred to in paragraph .73(a), including those for property
management as applicable,are considered and provisions made for continuing responsibilities of the
recipient, as appropriate.
.73 Collection of amounts due.
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(a)Any funds paid to a recipient in excess of the amount to which the recipient is finally
determined to be entitled under the terms and conditions of the award constitute a debt to the Federal
Government. If not paid within a reasonable period after the demand for payment,the Federal
awarding agency may reduce the debt by(1),(2)or(3).
(1)Making an administrative offset against other requests for reimbursements.
(2)Withholding advance payments otherwise due to the recipient.
(3)Taking other action permitted by statute.
(b)Except as otherwise provided by law, the Federal awarding agency shall charge interest on
an overdue debt in accordance with 4 CFR Chapter II, "Federal Claims Collection Standards."
Appendix A
Contract Provisions
All contracts, awarded by a recipient including small purchases,shall contain the following
provisions as applicable:
1. Equal Employment Opportunity -All contracts shall contain a provision requiring compliance
with E.O. 11246,"Equal Employment Opportunity," as amended by E.O. 11375, 'Amending
•
Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by
regulations at 41 CFR part 60,"Office of Federal Contract Compliance Programs, Equal Employment
Opportunity,Department of Labor."
2. Copeland "Anti-Kickback" Act(18 U.S.C.874 and 40 U.S.C. 276c)-All contracts and
subgrants in excess of$2000 for construction or repair awarded by recipients and subrecipients shall
include a provision for compliance with the Copeland"Anti-Kickback"Act(18 U.S.C. 874),as
supplemented by Department of Labor regulations(29 CFR part 3, "Contractors and Subcontractors
on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United
States").The Act provides that each contractor or subrecipient shall be prohibited from inducing,by
any means, any person employed in the construction,completion,or repair of public work,to give up
any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected
or reported violations to the Federal awarding agency.
3.Davis-Bacon Act, as amended(40 U.S.C. 276a to a-7)-When required by Federal program
legislation, all construction contracts awarded by the recipients and subrecipients of more than$2000
shall include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 276a to a-7)and as
supplemented by Department of Labor regulations(29 CFR part 5, "Labor Standards Provisions
Applicable to Contracts Governing Federally Financed and Assisted Construction").Under this Act,
contractors shall be required to pay wages to laborers and mechanics at a rate not less than the
minimum wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors shall be required to pay wages not less than once a week. The recipient shall place a copy
of the current prevailing wage determination issued by the Department of Labor in each solicitation
and the award of a contract shall be conditioned upon the acceptance of the wage determination. The
http://www.whitehouse.gov/OMB/circulars/a110/a
110.html 6/20/00
.
OMB Circular A-110 Page 40 of 41
recipient shall report all suspected or reported violations to the Federal awarding agency.
4.Contract Work Hours and Safety Standards Act(40 U.S.C.327-333) - Where applicable, all
contracts awarded by recipients in excess of$2000 for construction contracts and in excess of$2500
for other contracts that involve the employment of mechanics or laborers shall include a provision for
compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act(40
U.S.C. 327-333), as supplemented by Department of Labor regulations(29 CFR part 5). Under
Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week
is permissible provided that the worker is compensated at a tate of not less than 1 % times the basic
rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is
applicable to construction work and provides that no laborer or mechanic shall be required to work in
surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on
the open market,or contracts for transportation or transmission of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement-Contracts or agreements for the
performance of experimental, developmental, or research work shall provide for the rights of the
Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations
issued by the awarding agency.
6. Clean Air Act(42 U.S.C. 7401 et seq.)and the Federal Water Pollution Control Act(33
U.S.C. 1251 et seq.), as amended -Contracts and subgrants of amounts in excess of$100,000 shall
contain a provision that requires the recipient to agree to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401 et seq.)and the Federal Water
Pollution Control Act as amended(33 U.S.C. 1251 et seq.). Violations shall be reported to the
Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA).
7. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)-Contractors who apply or bid for an award
of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress,officer or
employee of Congress,or an employee of a member of Congress in connection with obtaining any
•
Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose
any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the recipient.
8.Debarment and Suspension (E.O.s 12549 and 12689)-No contract shall be made to parties
listed on the General Services Administration's List of Parties Excluded from Federal Procurement or
Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and
Suspension."This list contains the names of parties debarred, suspended,or otherwise excluded by
agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O.
12549. Contractors with awards that exceed the small purchase threshold shall provide the required
certification regarding its exclusion status and that of its principal employees.
OMB Home Page ( Budget Information f Legislative Information I Management Reform/GPRA
Grants Management I Financial Management I Procurement Policy
http://www.whitehouse.gov/OMB/circulars/a110/a110.html 6/20/00
EXHIBIT "K"
Use of Debarred, Sus ended or Ineli ible Contractors
Subject to CFR part 24 ,
New Creations, Inc . , a subgrantee to the
of Omaha, hereby certifies that all contracctors,
orive
subcontractors and suppliers liers to be used on the Supp
4460 Redman Avenue,Omaha,
Housing Program project located at oAven Housing
are eligible to participate in the Supportive
or
Nebraska,rgam are not on any debarred,
Program and that they
ineligible list .
COMPANY CERTIFICATION
Date : 5o /0;.-.
Signature :
t (1 4t k
Typed Name and Title : E2E_
Company:
C-25A`
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, on February 26, 2001, the U. S. Department of Housing and Urban
Development published in the Federal Register a Notice of Funding Availability for Continuum
of Care Homeless Assistance designed to help communities develop Continuum of Care systems
to assist homeless persons; and,
WHEREAS, Continuum of Care Homeless Assistance funding is designed to
create community systems for combating homelessness; and,
WHEREAS, the Omaha Area Continuum of Care for the Homeless is comprised
of organizations providing shelter and services to homeless individuals and families on an area-
wide basis; and,
WHEREAS, the City of Omaha undertook an inclusive community process for
developing and implementing a Continuum of Care strategy which included participation by the
membership of the Omaha Area Continuum of Care for the Homeless; and,
WHEREAS, the City of Omaha developed and submitted to the U. S. Department
of Housing and Urban Development a consolidated application with, among others, Nebraska
Legal Services, Family Service, New Creations, Inc., The Visiting Nurse Association, Catholic
Charities, Inc., and The Salvation Army for Continuum of Care - Supportive Housing
Assistance; and,
WHEREAS, on March 20, 2002, the U. S. Department of Housing and Urban
Development notified the City of Omaha of the selection of The New Creations, Inc., project
entitled, "Williams Prepared Place Transitional Housing Program" for funding under the Fiscal
Year 2001 Supportive Housing Program; and,
WHEREAS, the U. S. Department of Housing and Urban Development has
awarded Supportive Housing funds and has assigned a grant project number for the Project
Sponsor as follows: NE26B 101010 for the "Williams Prepared Place Transitional Housing
Program" in the amount of $76,823.00 (FY 2001, Fund 190, Agency 200, Organization 8005);
and,
By
Councilmember
Adopted
•
City Clerk
Approved
Mayor
c-ZSA' CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
PAGE 2
WHEREAS, Supportive Housing assistance for Omaha's Continuum of Care
programs will help provide a much needed comprehensive approach to the development and
implementation of housing and service delivery programs to help homeless individuals and
families move to permanent housing and self-sufficiency; and,
WHEREAS, from time to time it is necessary for HUD and the City to make
revisions to such Supportive Housing Program grant agreements including the shifting of funds
among categories and additions or deletions in the line items within Support Services and
Operations Budgets which additions and deletions do not change the original contract amount;
and,
WHEREAS, it is in the best interest of the City for the City Council to authorize
the Mayor to approve all revisions to this Supportive Housing Program Grant Agreement, as
approved by HUD; except that revisions involving a change in the subrecipient, a change in the
project site, or a change in the category of participants to be served shall require the prior
approval of the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the attached Agreement, as recommended by the Mayor, between the City
of Omaha and The New Creations, Inc., a Nebraska Non-Profit Corporation, 4460 Redman
Avenue, Omaha, NE 68104, for Supportive Housing funding in the amount of$76,823.00 to be
used for "Williams Prepared Place Transitional Housing Program," is hereby approved. Funds
in the amount of $76,823.00 shall be paid from the Continuum of Care Supportive Housing
Grant Fund NE26B 101010 (FY 2001, Fund 190, Agency 200, Organization 8005).
BE IT FURTHER RESOLVED,
By
Councilmember
Adopted
•
City Clerk
Approved •
Mayor
G25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
PAGE 3
THAT, the Mayor is authorized to approve all revisions to this Supportive
Housing Program Grant Agreement, as approved by HUD, except that,revisions involving a
change in the subrecipient, a change in the project site,or a change in the category of participants
to be served shall require the prior approval of the City Council.
APPROVED AS TO FORM:
s/2/L
CITY ATTORNEY DATE
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By '.�r / ncilmember
Adopted JUN 7-0
- City Clerk
Approved.. ;
Mayor
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