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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 of 31 U.S.C. 503 (the Chief Financial
Officers Act), 31 U.S.C. 1111, 41 U.S.C. 405 (the Office of Federal Procurement Policy Act),
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.
5. 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.
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 FederalRegister. Those standards which
Federal agencies impose on grantees will be adopted by agencies in codified regulations within six
months after publication in the FederalRegister. Earlier implementation is encouraged.
Attachment
Grants and Agreements with Institutions of Higher Education,
Hospitals, and Other Non-Profit Organizations
(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 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.
(l) 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 considered tangible or
intangible.
(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 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.
(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.
(ll) 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.
(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., grant, cooperative agreement, 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.
(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.
(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 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."
(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.
(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.
(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.
(l) 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. 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.
(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).
(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 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 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.
(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 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.
(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 funding.
(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.
(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 10 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 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.
(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.
(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.
(l) 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.
(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."
(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.
(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.
(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 longer needed as provided in paragraphs (a) and (b), the recipient shall
request disposition instructions from the Federal awarding agency or its successor Federal awarding
agency. The Federal awarding agency shall observe 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 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.
(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.
(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 long 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 project or 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 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.
(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.
(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.
(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.
(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.
(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
(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 shall 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).
(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.
(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 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.
(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.
(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.
(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.