ML20214Q366

Contract: Maint & Operation of Lpdr, Awarded to York County Library

ML20214Q366
Person / Time
Issue date:	05/27/1987
From:	Lyon D, Northern S NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), YORK COUNTY, SC
To:
Shared Package
ML20214P912	List: ML20214P911 ML20214Q366
References
CON-NRC-10-87-331 NUDOCS 8706040356
Download: ML20214Q366 (19)

Text

-s U. S. NUCLEAR REGl4AiOR) COMiilSS10;i tiOTICE OF COOPERATIVE AGREEMENT

l. COOPERATIVE AGREEMEriT fiUMBER 2. MODiflCAT10N NUMBER NRC RFPA ADM-87-331 (NRC 87-331) N/A 3. COOPERATIVE AGREErlENT PEF

4. AUTHORITY Section 31a and FROM: 5/12/87 10: 5/11/88 S. TYPE OF AWARD 141b of Atomic Energy Act 6. C00PERATOR TYPE of 1954, as amended.

Cooperative Agreement D

.C00PERATOR NAME AND ADDRESS 8. PROJECT TITLE York County Library NIUN: David Lyon " Maintenance and Operation of The 138 East Black Street Rock Hill, South Carolina 29730 Local Public Document Room (LPDR)"

9. PROJECT WILL BE CONDUCTED PER C00PERATOR'S PROPOSAL (S) 10. TECHNICAL REPORTS ARE REQUIRED DATED PROGRESS AND FINAL AND FINAL ONLY APPENDIX A - PROJECT COOPERATIVE AGREEf;ENT X OTHER (Quarterly)

PROVISIONS

11. PRINCIPAL INVESTIGATOR (S) NAME AND ADDRESS 12. NRC PROGRAM 0FFICE (NAME AND ADDR U.S. Nuclear Regulatory Commission Sandy Northern - n ona L Soh, Od e Address same as 12. 1 o u es & Recons Office of Adm., Wash., DC 20555

13. ACCOUNTING AND APPROPRIA110N DATA Tol o n hn n o Un (Pnn) 638-8081

14. MFTHOD OF PAYMENT B&R No. 46-20-25-302 ,

ADVANCE BY TREASURY CHECK FIN: N/A x REIMBURSEMENT BY TREASURY CHECK APPN: 31x0200.407 OTHER (SPEClfY)

15. FUNDIf4G SOURCES SOURCE AMOUNT NRC:

THIS COOPERATIVE $ 2,038.00 (4 quarterly amounts of $497.00) + $50.00 misc AGREEMENT PREVIOUSLY office supplies OBLIGATED $

COOPERATOR SHARE:

THIS COOPERATIVE $

, AGREEMENT PRIOR COOPERATIVE $

AGREEMENT TOTAL FuriDING $ 2,038.00 .

16. AMOUNT OBLIGATED BY THIS COOPERATIVE $ 2,038.00 AGREEMENT ACTION:

8706040356 870527 PDR CONTR NRC-10-87-331 PDR

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17. . _ . . _ . . . _ . . . . .

!?RC IESU!HG Off1CE (NAli[ AND ADDRESS)

U.S. Nuclear Regulatory Conmission Division of Contracts / Office of Administration Washington, DC 20555

18. P RATO 19.,ii GRANT OFF) R e

(Signature) l sbet._ Q b' (IgaWntd L .

('Da te) (Signature NAME (TYPED) David A. Lyon, IV NAME (TYPED) Debbie Runion TITLE Director - York County Library TITLE : Pmcurement Agent , , ,

TELEPHONE NO. 803-324-3055 TELEPHONE 110. (Y01 ) 592-7(o/Q_,

2C. COOPERATIVE AGREEf4Ef4T PAYMENT INFORMATI0ti

. Payment will be made within thirty (30) days af ter receipt of the hilling unless the billing is improper or the cooperator. has. failed to comply with the program objectives, cooperative agreement award conditions, Federai reporting requirements or other conditions specified in OMB Circular A-102/A-110, whichever is applicable.

Payment will be made by:

U. S. Nuclear Regula tory Commission - -

1 Office of Resource Management Division of Accounting and Finance, ATIN; GOV /COM ACC00iTS Washington, DC 20555 Vouchers should be submitted in an original and one (1) copy to the above address, on Form #270 " Request for Advance or Reimbursement" (copy attached).

II. Attoched is a copy of the "NRC Project Cooperative Agreement Provisions for Institutions of Higher Education and Other Nonprofit Organizations and State / Local Governments." Acceptance of these terms and conditions is acknowledged when federal funds are used on this cooperative agreement project. ~

22. ORDER OF PRECEDENCE In the event of a conflict between the cooperator's proposal and this Notice of Cooperative Agreement Award, the terms of the Notice of Cooperative Agreement Award shall prevail .

23. By this Cooperative Agreement Award, the cooperator certifies that payment of any audit-related debt will not reduce the level of performance of any Federal Program.

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8 STATEENT OF WORK 1

COOPERATIVE AGREEMENT (LPDR)

1. BACXGRDUND The Local Records, Public Office Document Room Branch within the Division of Rules and of Administration U. S. Nuclear Regulatory Comission (NRC), is responsible for the overall establishment and maintenance of local public document rooms (LPDRs). The LPOR Branch recommends, develops, and implements programs, plans, objectives, and activities of local public document rooms, as well as coordinates the distribution of documents to LPDRs.

The LPDR nuclear program power plants.provides scientific and technical information relatino to free exchange of ideas and criticisms by the ceneral public in theTh licensing of nuclear power plant construction and operation. The LPDRs are located in libraries maintained by state / local covernments, institutions of hi the " Cooperator") gher education and nonprofit organizations (hereinafter, in the vicinity of proposed nuclear power plants.

The LPDR Branch has established a cooperative agreement program to provide financial remuneration for services performed by the LPDRs and to insure that a uniform provided program for LPDR of document maintenance and infomation services is patrons.

2. PERIOD OF PERFORMANCE a.

The period of perfomance hereunder shall commence on 5[/A87 and shallorcontinue , unless scener terminated extended.through 5//fpF b.

The Cooperator and the NRC, by mutual agreement, may extend the period of perfomance through the execution of supplemental agreements to this cooperative agreement, not to exceed a total of five (5) years. At the end of each year the Cooperator will be required to submit a cost proposal to the NRC for the following year.

3. NRC RESPONSIBILITY l The NRC anticipates that they will provide documents on a weekly basis to be added to each local public document room collection (collection). NRC l

will provide file folders, binders, labels, postcards for reportino l r issir.g documents, envelopes for use in comunicating with NRC, a User's

, Cuide, filing and document retention instructions, etc. Also, the hRC, when notified by a library, will promptly replace any documents found missing from the collection.

NRC will periodically visit each library to review the collection, provide guidance and instructions to the Ifbrary i staff, monitor discrep ncies. contractor perfomance, and identify /rcscivt problens er Incorporate ir.to resultant Cooperative Agreerrert.

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4. MAINTENANCE AND OPERATION OF THE LPDR The Cooperator shall perform the following services relative to the maintenance and operation of the LPDR:

a. Properly file paper copy documents or microfiche received from NRC within one week of receipt in accordance with the filing system provided by NRC. To meet the particular needs of library patrons, this filing deadline may be extended upon the expressed approval of the Program Officer.

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b. Pefile docunents or microfiche used by patrons within the next business day,

c. Prepare file _ folders and folder labels when necessary.

d. Promptly file as well as display reference tools and finding aids provided by NRC (such as the LPDR HOTLINE toll free labels and signs

, which identify the collection) as instructed.

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e. Maintain a file of explanatory and instructional material sent to the LPDR library by the NRC.

f.

Docunents in the collection are not allowed to leave the LPDR library unless instructed to do so by the LPDR Branch, NRC.

g. Work with the LPDR Branch staff and other NRC representatives, as necessary, to answer questions and provide information en the l availability of documents and services, return documents sent in error, make arrangements for handling non-routine matters as they arise, such as Freedom of Information Act responses,

h. Maintain the local public document room collection and NRC-furnished equipment as a physically unified collection,

i. Report promptly to the Program Officer the identification of docunents found or reported to be missing from the collection.

5. USER ASSISTANCE

a. Provides patrons with reference assistance in locating documents and sufficient instructions to familiarize users with the filing system, the local public document room collection, the collection's reference tools and finding aids, the indexing system used for paper copies and microfiche copies of the collection, and use of the microfiche reader printer.

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b. Provide users access to operable reproduction equipment for making paper copies of the collection, as needed.

6. ADMINISTRATIVE SERVICES

a. Insure that the NRC microfiche reader printer is in good operating condition. In the event the equipment requires repair or servicing, the library staff shall arrange to have an authorized service representative repair or service the equipment. The invoice of charges should be forwarded for payment to the NRC in accordance with the instructions in USNRC LPDR Branch Newsletter entitled "LPDR UPDATE"(ATTACHMENT 1). A copy of the stoned werk order should be submitted with the quarterly report and advance / reimbursement Form

1. 270.

If the cost estimate exceeds $200.00, the Cooperator staff shall first contact the Program Officer by calling the toll free number 800-638-8081.

b. Promptly inform the LPDR Branch of the NRC, either by the toll free telephone number (800-638-8081) or in writing, of problems regarding the use or maintenance of the collection.

~cr As'the needTisephe Cooperator'shT11~ acquire necessary

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miscglianeous office supplies (storage boxes, hole punches, etc.) for performance of the work required under this cocoerative agreement.

Approval of the NRC Program Officer is required prior to purchase of these supplies. Payment should be requested on the next quarterly advance / reimbursement Form #270. Receipts for the supplies must I accompany Form #270. Charges for paper and lamps for the NRC microfiche reader printer are not allowable exper.ditures and will not be reimbursed.

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[ 7. SPACE RE0UIREMENTS l Provide the following:

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a. Adequate shelf or other filino space to maintair the local public document collection.

b. Adecuate space near the document collection tc, lccate a microfiche reader printer, a table for the reader printer, a microfiche file cabinet (s), and table and chairs for patrons using the collection,

c. Adequate reading space, lighting, heating and cooling, for users to review the documents in the collection. ',

8. SUPPLY REQUIREMENTS a.

Maintain adequate supply of paper for the microfiche reader printer . -

b.

Maintain printer. adequate supply of electric lamps for the microfiche reader 9.

_ GOVERNMENT FURNISHED PROPERTY The following support the collection. items are to be furnished to the Cooperator, as neede a.

rinte fS No.475F eriai No 3M "800" 3o3o95, NRC microfiche Tag No. 00 reader p%3h Model (1 ea.)

b.

Vertical visible upright cabinet fer cards and microfiche, 4x6 size ,,

12" high, Shaw-Walker, Model C-1419. ( 1 ea.)7-d c.

ReaderCatalog Howell, printerNo. sit-down 123002.stand, 30" high, top 36" x 30", Bell &

(1ea.)

for the first time, the NRC will provide the initial box extra lamp for the microfiche reader printer.

to maintain an adequate supply of paper and electric lamps rests with the Cooperator.

per carton; Lamps: (Paper: 3M Order3M Dry No. Silver Paper, Type 795 81/2 x 250, 4 rolls Cooperator expenses fcr paperto andcharge lamps. fer copies made on the reader printer, The Cooperator is authcrized, without cost to NPC, to install a coin

operated attachment to the reader printer; however, the cost a Cooperator i

may charge for copies from microfiche may not exceed 10.25 per page cop unless require aithighercan be demonstrated per-page cost. to the Program Officer that operating costs

10. REPORTING REQUIREMENTS i

a. Performance Reports i

A quarterly perfonnance report, utilizing the format as specified in Attachment 2 shall be submitted within 20 days after each quarter's end to the addressees listed below.

is requested the quarterly advance /reimbursementFor administrative purpose Form #270) be submitted simultaneously with this performance rep (ort, along with s l

receipts for miscellaneous supplies and signed work orders covering l Incorporate into resultant Cooperative Agreement.

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repairs or servicing of NRC furnished microfiche reader printer.

3 However, for Cooperators who qualify for advance payment, the first i

quarterly report will be submitted with Form #270 for payment of second quarter.

L. U.S. Nuclear Regulatory Commission ATTN: Jona L. Souder. Chief Local Public Document Room Branch Division of Rules & Records Office of Administration Washington, DC 20555 U.S. Nuclear Regulatory Commission Snell Purchases & Regional Operations Branch Division of Contracts Office of Administration Washington, DC 20555 U.S. Nuclear Regulatory Commission Division of Accounting & Finance ATTN: GOV /COM Accounts Section Office of Resource Management ,

Washington, DC 20555

b. Financial Reports In accordance with OMB Circulars A-119 Attachment G and/or A-102, Attachment H, as applicable, the Cooterator shall use the Standardized Financial Status Report to report the status of funds for all ronconstruction projects or programs. Please note the NRC will exercise the option to waive ti.3 filing of the Standardized Financial Status Report since the Request for Advance or i

Reimbursement and/or Report of Federdi Cash Transactions has been determined to provide adequate information, except that a final Financial Status Report shall be required at the completion of th; project when the Request for Advance or Reimbursenent form is used i only for advances.

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FY-87 MICROFICHE READER PRINTER REPAIR NUMBER

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The FY-87 purchase order number for repairs to NRC-furnished microfiche reader printers is DR-87-0315. Invoices for repairs made between December 2.1986, and September 30, 1987, should include this number as well as the serial. number of the machine and the NRC tag number.

Invoices should be submitted on 3M stationery to:

Division of Accounting and Finance

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Office of Resource Management U. S. Nuclear Regulatory Comission Washington, DC 20555 Since the purchase order agreement is with 3M, NRC can honor only those invcices submitted by 3M. If the company repairing your reader printer is

authorized to repair 3M equipment but is a private finn not affiliated with 3M, their invoices must be submitted to

Mr. Bill Jones 3M Business Products Service Center 8301 Greensboro Drive McLean, VA 22102 Bills for. microfiche reader printer paper and lamps should not be sent to NRC.

Contracts and agreements stipulate that the library is responsible for the purchase of those items. Libraries have the option of charging for prints to defray the crfst of these supplies.

Questions regarding the repair of NRC-furnished microfiche equipment should -

be directed,.to your LPDR Coordinator on the LPDR HOTLINE.

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APPENDIX A NRC PROJECT COOPERATIVE AGREEMENT PROVISIONS FOR STATE AND LOCAL GOVERNMENTS / NONPROFIT ORGANIZATIONS /

EDUCATIONAL INSTITUTIONS This cooperative agreement is subject to the following provisions:

1. Definitions

a. The tem " grant officer" means the person executing this cooperative agreement on behalf of the Government and includes his successors or any duly authorized representative of any such person,

b. The term " cooperator" means the party entering into this cooperative agreement with the U.S. Nuclear Regulatory Comission (NRC).

c. The term " program officer" means the person in NRC Headquarters who .

is responsible for the technical aspects of this cooperative agreement.

d. The tem " Circular A-102" refers to Office of Management & Budget Circular A-102 (Revised) Uniform Requirements for Assistance to State and Local Governments (January 1981).

e. The term " Circular A-87" refers to Office of Management & Budnet Circular A-87, Cost Principles for State and Local Governments (January 28,1981).

f. The term " Circular A-110" refers to Office of Management 8 Budoet Circular A-110, Uniform Administrative Requirements for Grants and Agreements witt Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations (July 30,1976).

9 The term " Circular A-21" refers to Office of Management & Budget Circular A-21 (Revised) Cost Principles for Educational Institutions (February 26,1979) and A-21 (Revised) Transmittal Memorandum No. 2 Cost Principles for Educational Institutions (June 4,1986).

h. The term " Circular A-122" refers to Office of Management & Budget Circular A-122 Cost Principles for Nonprofit Organizations (July E, 19S0).

2. General

a. This cooperative agreement is composed of a cooperative agreement face page (which may incorporate the Cooperator's proposal by reference) and the NRC Project Cooperative Agreement Provisions for s State and Local governments / Nonprofit Organizations / Educational -

Institutions.

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b. This award constitutes acceptance by the NRC of the Cooperator's proposal and budget unless othemise indicated on the face page.

c. The Cooperator is obligated to conduct such project oversight as may be appropriate, to manage the funds with prudence, and to comply with the provisions outlined herein. Within this framework, the Principal Investigator (PI) named on the cooperative agreement face page is responsible for the scientific or technical direction of the project and for preparation of the project perfomance reports,

d. This cooperative agreenent is funded on a cost reimbursenent basis not to exceed the amount awarded as indicated on the face page and is subject to a refund of unexpended funds to NRC.

e. This cooperative agreement award is subject to the Unifom Administrative Requirements & Cost Principles of the following applicable Office of Management and Budget (OMB) Circulars which are hereby incorporated by reference as though fully set forth herein. A copy of these circulars are hereby attached for your reference.

A-102 (Revised) " Uniform Reauirements for Assistance to State and Local Governments" (January 1981)

A-87 " Cost Principles for State and Local Governments"

, (January 28,1981)

A-110 "Unifom Administrative Requirements fnr Grants and

Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations" (July 30,1976)

A-21 (Revised) " Cost Principles for Educational Institutions" (February 26,1979) and A-21 (Revised) Transmittal Memorandum No. 2 " Cost Principles for Educational e

Institutions"(June 4,1986)

A-122 " Cost Principles for Nonprofit Organizations" (July 8,1980)

3. Reporting Program Technical Perfomance i

Cooperator is responsible for the perfomance under this cooperative agreement and other agreements and, where appropriate, ensures that time schedules are being met, projected work units by time periods are being -

accomplished, and other performance goals are being achieved.

4 Suspension or Temination for Cause

a. When, in the opinion of NRC, a Cooperator has failed to

• comply with the terms and conditions of a cooperative agreement, NRC may (1) suspend the cooperative agreement or (2) terminate the l

cooperative agreement for cause in accordance with OMB Circulars -

A-102. Attachment L and/or A-110. Attachment L. as applicable,

b. NRC prefers that deficiencies be corrected whenever practicable.

When it is believed that a Cooperator has failed to comply with one or more of the terms and conditions of a cooperative agreement, the Grant Officer will advise the Cooperator by letter of the nature of the problem and that failure to correct the deficiency may result in suspension or termination of the cooperative agreement. The Cooperator will be requested to respond in writing within 30 days of receipt of such letter, describing the action taken or the plan designed to correct the deficiency. Copies of such correspondence will be furnished to the Principal Investigator (PI) and to the NRC Program Officer. If a satisfactory response is not received within 30 days of receipt of such a letter, the Grant Officer may issue a notice suspending authority to further oblicate cooperative agreement funds, in whole or in part. The notice of suspension will be sent by certified mail (return receipt requested) to the Cooperator with a copy to the Pl. The notice will set forth the activities covered by i

the suspension and its effective date, and the corrective action required by the Cooperator in order to lift the suspension. However, this policy does not preclude immediate suspension or termination when such action is reasonable under the circumstances and necessary l , to protect the interests of the Government,

c. If a cooperative agreement is suspended pursuant to this article, no obligations incurred by the Cooperator during the period of suspension will be allowable under the suspended cooperative agreement other than necessary and proper costs that the Cooperator could not reasonably avoid during the period of suspension; provided that such costs would otherwise be allowable under the applicable Federal cost principles.

d. The suspension will remain in effect for a maximum of 90 days during which time the Cooperator will take corrective action to the satisfaction of NRC or give assurances satisfactory to NRC that corrective action will be taken. In that event, the Grant Officer will issue a notification, to the Cooperator, that the suspension is lifted.

e. In the event the deficiency is not corrected to the satisfaction of NRC, the Grant Officer may issue a notice of termination. The notice will state the reason (s) for the termination and its effective date. The effective date shall reflect the fact that NRC may require a minimum of ninety (90) days to relocate the document collection.

f.

If a cooperative agreement is terminated pursuant to this article, '

financial obligations incurred by the Cooperator prior to the I

effective date of termination shall be allowable to the extent they would have been allowable had the cooperative agreement not bern teminated, except that no oblication incurred during the period in which the cooperative agreement was suspended (except those allowed

' pursuant to c., above) will be allowed. The settlement of temination costs will be in accordance with the applicable Federal cost principles.

9 Within ninety (90) days of the effective date of temination, the Cooperator will furnish an itemized accounting of funds expended for allowable costs prior to the effective date of temination and the unexpended cooperative agreement balance.

S. Termination for Convenience

a. Circumstances may arise in which either NRC or the Cooperator wishes to terminate the cooperative agreement in whole or in part. If both parties agree, the cooperative agreement may be teminated by mutual agreement, in accordance with OMB Circulars A-102, Attachment L and/or A-110. Attachment L as applicable,

b. If the Cooperator wishes to terminate the cooperative acreement, he/she shall advise the NRC Grant Officer, in writing, with a copy to the cognizant NRC Program Officer.

c. If ERC wishes to teminate the cooperative agreement, the Grant Officer will advise the Cooperator, in writing, with copies to the PI and the cognizant NPC Program Officer.

d. Within ten (10) days after receipt of a request from either party for temination by mutual agreement, the other party will provide a written response agreeing or disagreeing with the request for termination. In the event of disagreement, the Grant Officer will make a final decision and will give written notice to the Cooperator.

If the decision is to terminate, the Grant Officer will also advise the Cooperator of the effective date of the termination. The effective date shall reflect the fact that NRC may recuire a mininum of nirety (90) days tc. relocate tFe document ccliectier.. The final decision shell bt sutject to the review procedures described in Article 6 entitled, " Dispute Review Procedure," below.

e. The Cooperator shall not incur new obligations for the terminated _ __

cooperative agreenent (or the terminated portion thereof, as the case may be) after the effective date, and shall cancel as many outstanding obligations as possible. The NRC shall allow full credit to the Cooperator for the Federal share of the noncancellable obligations, properly incurred by the Cooperator prior to .

temination.

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6. Dispute Review Procedure

a. The Cooperator may request a review of a notice of temination or other adverse decision. The request should be in writing and addressed to the Grant Officer. It must be postmarked no later than thirty (30) days after the postmarked date of the notice of termination.

b. The request for review must contain a full statement of the Cooperator's position and the pertinent facts and reasons in support of such position.

c. The Grant Officer will promptly acknowledge receipt of the request for review and shall forward it to the Director, Office of Administration, who shall appoint a review committee consisting of a minimum of three persons,

d. If the request for review has not been resolved by the effective date of the temination set by the Grant Officer, the NRC may withhold or defer payments under the cooperative agreement until the review has been resolved,

e. The temination review comittee will request the Grant Officer

? who issued the notice of temination to provide copies of all relevant background materials and documents. It may, at its discretion, invite representatives of the Cooperator and the NRC program office to discuss pertinent issues and to submit such additional infomation as it deems appropriate. The chairman of the review committee will insure that all review activities or proceedings are adequately documented,

f. Based on its review, the committee will prepare its recomendations to the Director, Office of Administration, who will advise the parties concerned of his/her decision. If the decision is to sustain the temination, the Director, Office of Administration, may reaffirir the effective date for termination set by the Grant Officer or may establish a new termination date.

7. Allowable Costs

a. The allowability of costs and cost allocation methods for work performed under this cooperative agreement, up to the amount specified in the cooperative agreement instrunent, shall be determined in accordance with the applicable Federal Cost Principles in effect on the effective date of the cooperative agreement and the terms of the cooperative agreement. 5

b. The Federal Cost Principles applicable to (1) State and Local governments, (2) Nonprofit Organizations, and (3) Educational Institution cooperators are respectively as follows:

(1) Circular A-87 (2) Circular A-122 (3) Circular A-21

8. Retention and Custodial Requirements for Records Cooperators shall retain and permit examination of records in accordance with OMB Circulars A-102, Attachrent C and/or A-110. Attachment C, as applicable. C.coperators shall place appropriate requirements on g sub-cooperators as ~ specified by that attachment.

a. Audit and Records Financial records, supporting documents, statistical records, and other records pertinent to this cooperative agreement shall be retained by the Cooperator for a period of three (3) years from submission of the Final Report.

(1) Records that relate to audits, appeals, litigation, or the settlement of claims arising out of the performance of the 3 project shall be retained until such audits, appeals, litigation, or claims have been disposed of, but in any event not less than three (3) years after final report submission.

(2) Records relating to projects subject to special project income provisions shall be retained until three (3) years from the end cf the cooperator's fiscal year in which the cooperative agreement instrument requirerent for reportino income expires.

(3) The NRC and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any pertinent books, documents, papers, and records of the Cooperator's organization, and of the performing organization, if different, to make audits, examinations, excerpts and transcripts. Further, any contract in excess of

$10,000, made by the Cooperator shall include a provision to the effect that the cooperator, NRC, the Comptroller General, or any of their duly authorized representatives, shall have access to pertinent records for similar purposes.

(4) In order to avoid duplicate recordkeeping, NRC may make special arrangements with cooperators to retain any records that are needed for joint use. NRC may request transfer to its custody, of records not needed by the Cooperator when it determines that' the records possess long-term retention value. When the records

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are transferred to or maintained by NRC, the three (3) year retention requirement is not applicable to the Cooperator. In the event that these provisions are exercised, NRC will i negotiate a mutually agreeable arrangement with the Cooperator

, regarding reimbursement of costs.

9. Payment and Financial Reportino Requirements i

Payments by NRC will be made by the method indicated on the face page.

Cooperator requests for payment, NRC payments, and Cooperator financial

reporting requirements shall be made in accordance with the following applicable OMB Circulars A-10?, Attachments H and J and/or A-110, Attachments G and I, as applicable.

a. Nethods of Payment

1. Letters of Credit The letter of credit system may be used to provide funds to Cooperator organizations only under the following conditions.

When these conditions exist, use of the letter of credit method of payment is mandatory, except as noted below:

L o the cooperative agreement must be for a period of at least twelve (12) months; o

the cooperative agreement (or cooperative agreements) from a Federal grantor agency to a Cooperator organization must total at least $120,000. Note: The direct Treasury check l

method of payment must be used, in lieu of the letter of credit nethod, when the total of cooperative agreement (s) is between $120,000 and $250,000 and where the Federal grantor agency and the Treasury Dcpartment find a strong basis for waiving the generel rule, o the Cocperator has established (or demonstrated its-willingness to establish) procedures that will minimize the time elapsing between the receipt of Federal funds and their disbursement by the Cooperator; o the Cooperator's fir.ancial management system meets the standards for fund control and accountability prescribed in Attachment G to OMB Circular A-102, revised, for State and l

' local governments, or Attachment F to Circular A-110 for institutions of higher education, hospitals, and other nonprofit organizations; and l

- 8-o the Cooperator agrees in writing to withdraw cash only when actually needed for its disbursement, and to timely report cash disbursements and balances to the Federal grantor agency, and to impose the same standards for tire and amount of withdrawals on any subcooperator organizations with the understanding that failure to adhere to these provisions is just cause for revocation of the unob11 gated balance of the letter of credit.

2. Direct Treasury Check (Advance Payment)

The direct Treasury check method (advance payment) is to be used under the following conditions:

o the cooperative agreement is for a period of less than twelve (12) months, or the cooperative agreement (s) from a single Federal grantor agency total less than $120,000 (or less than $25C 000 if the orantor and the Department of the Treasury agree,on a waiver);

o the Cooperator has established (or demonstrated its willingness to establish) procedures that will minimize the s

time elapsing between the receipt of Federal funds and their disbursement by the grantee; o the Cooperator agrees to impose the same standards for amount and timing of withdrawals on any subecoperater organizations, and; o the Cooperator's financial management system meets the standards for fund control and accountability as prescribed in Attachment G to OMB Circular A-102, revised, for State and Local Governments, or Attachment F to Circular A-110 for institutions of higher education, hospitals, and other nonprofit organizations, whichever is applicable.

3. Direct Treasury Check (Reimbursement Basis)

Reimbursement by Treasury check is the preferred rethod cf l-paying a Cooperator organization whenever either:

{ o it has not established (or demonstrated its willingness to establish) procedures that will minimize the time elapsing between the receipt of Federal funds and their disbursement i

by the Cooperator; or o its financial management system does not meet the standards '

i for fund control and accountability prescribed in 3

Attachment G to DMB Circular A-102, revised, for State and

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Local Governments, or Attachment F to Circular A-110 for institutions of higher education, hospitals, and other nonprofit organizations.

10. Property Management Standards Property shall be accounted for and managed in accordance with OMB Circulars A-102, Attachment N and/or A-110. Attachment N, as applicable.

11. Procurement Standards s.

NRC Cooperators shall follow the requirements of the following applicable OMB Circulars: A-102, Attachment 0; A-110. Attachment O.

b.

- In addition, unless these provisions provide otherwise, prior written approval shall be obtained from the NRC Grant Officer before:

(1) Any of the research or other substantive project effort is contracted or otherwise transferred.

(2) Contracting for the commercial production or distribution of books, films, or similar materials.

, c.

NRC approvals will be made by the Grant Officer, who will specify which requirements of this cooperative agreenent must be flowed-down to satisfy the purposes of OMB Circulars A-102, Attachment 0 and/or A-110, Attachnent 0, as applicable.

d.

Cooptrator reauests for approvals shall include en explanation of

, the need for the contracting, a proposed perforr.ance statement, justification for the price or estimated cost (including a detailed budget for cost-reimbursement type arrangements), and the basis for selecting the contractor.

12. Revision of Financial Plans Cooperative agreement budget activity under this cooperative agreement is subject to the requirements of OMB Circulars A-102, Attachment K and/or A-110. Attachment J as applicable,

13. Prooram Income Program income is subject to the policy prescribed by OMP C'eculars A-102, Attachment E and/or A-110. Attachment D, as applicable.

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,., .*.. 1 14 _ Statutory Requirements

a. Civil Richts This cooperative agreement is subject to Title VI of the Civil Rights Act of 1964 (P.I.88-352); Title IV, Sex Discrimination, of the Energy Reorganization Act of 1974, and Executive Order 11246, as amended, Parts II III, and IV (for cooperative agreements over

$10,000 within a twelve month period).

~

The Cooperator agrees that no person in the United States shall, on the ground of race, sex, color or national origin, be excluded from participation in, be deprived the benefits of, or be otherwise subjected to discrimination under any program or activity for which the cooperator receives financial support from NRC.

b. Nondiscrimination Under Cooperative Agreements This cooperative agreement is subject to the provisions of the Rehabilitation Act of 1973, Public Law 93-112. The Cooperator therefore agrees that, "No otherwise qualified handicapped individual in the United States (as defined in section 7(6) of the Act), shall solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under.any program or activity Federal financial assistance "

Furth(r, this cooperative agreement is subject to the provisions of the Age Discrimination Act of 1975 (42 U.S.C. 6101). The Cooperator therefore agrees that no age discrimination will occur under this Federally assisted program.

15. Liability and Losses '

NRC assumes no liability with respect to any damages or loss arising out of any activities undertaken with the financial support of this cooperative agreement.

16. Site Visits The NRC, through authorized representatives, has the right, at all reasonable times, to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by the NRC on the premises of the Cooperator or a contractor under a cooperative acreement, the Cooperator shall provide and shall require his contractors to provide all reasonable facilities and assistance for the safety and convenience of th>

Government representatives in the performance of their duties. All site visits and evaluations shall be perfonned in such a manner as will not *

unduly delay the work.

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/-

.., ,z , .

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17. Title to Equipment Unless otherwise specified in the cooperative agreement instrument, title to equipment purchased or fabricated with NRC cooperative agreement funds by a college or university, other nonprofit organization. or a unit of State or local Government shall vest in the Cooperator institution. with the understanding that such equipment (or a suitable replacement obtained as a trade in) will remain in use for the specific project for which it was obtained.

18. Organizational Prior Approval System

a. In order to carry out its responsibilities for monitoring project performance and for adhering to cooperative agreerent terms and conditions, each performing organization shall have a system to ensure that appropriate authorized officials provide necessary organizational reviews and approvals in advance of any action that would result in either the performance or modification of an NRC-supported activity where such approvals are required by the cooperative agreement instrument, including the obligation or expenditure of funds where the governing cost principles either prescribe conditions or require approvals. ~~~

b. The organization shall designate an appropriate official or officials to review and approve the types of actions described in a., above.

i Preferably, the official (s) should be the same official (s) who sign (s) or countersign (s) those types of requests that require

' submission to and approval by NRC. The designated official (s) shall not be the principal investigator or any official having direct responsibility for the actual conduct of the project, or a subordinate of such individual.

19. Standards for Financial Management Systems Cooperators shall have financial management systems that meet the requirements of OMB Circulars A-102, Attachment G and/or A-110 Attachment F, as applicable, t

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