ML20215J353
| ML20215J353 | |
| Person / Time | |
|---|---|
| Issue date: | 06/18/1987 |
| From: | Runion D, Tucker J NRC, WISCASSET, ME |
| To: | |
| Shared Package | |
| ML20215J338 | List: |
| References | |
| CON-NRC-10-87-348 NUDOCS 8706240408 | |
| Download: ML20215J353 (18) | |
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.; _.,e U. 5. NUCLEAR REGttAibR) COMMISSION NOTICE Of COOPERATIVE AGREEMEfiT
- l. COOPERATIVE AGREEMENT NUMBER 2. MODiflCA110N liUMBER 3. COOPERATIVE AGREEMEbT PER]C NRC-10-87-348 FROM: 6 / 29 /8710: 6/28/88>
- 4. AUTHORITY Section 31a and- 5. TYPE OF AWARD 6. COOPERATOR TYPE 141b of Atomic Energy Act of 1954, as amended- Cooperative Agreement K 7 000PERATOR NAME AND ADDRESS 8. PROJECT TITLE
- Wiscasset Public lim lary " Maintenance and Operation of The ATTN: Ms. Jane Tucker Local Public Document Room (LPDR)"
, P. O. Box 367 Wiscasset, Maine 04578 i
- 9. PROJECT WILL BE CONDUCTED PER 10. TECHNICAL REPORTS ARE REQUIRED COOPERATOR'S PROPOSAL (S)- PROGRESS AND FINAL DATED AND ,
FINAL ONLY
-APPENDIX A - PROJECT COOPERATIVE AGREEl1Ef1T X OTHER QUARTERLY PROVIS10l45 '
- 11. PRINCIPAL INVESTIGATOR (S) NAME AND 12. NRC PROGRAM OfflCE (NAME AND ADDRESS) !
ADDRESS U.S. Nuclear Regulatory Commission ] Marge Sheehan LPDR Branch-ATTri: Jona L. Souder, Chie l Divis1oa of Rules & Records Office of Adm., Wash., DC 20555 Toinnhnnn Mn f gn0) A~tg_g091
- 13. ACCOUNTING AND APPROPRI ATION DATA 14. METHOD OF PAYMENT I ADVANCE BY TREASURY CHECL B&R No.: 46-20-25-302 .
. x ' REIMBURSEMENT BY TREASURY flN: -CHECK LETTER OF CREDIT j
} .APPN: 31X0200.407 OTHER (SPECIFY)
- 15. FUNDING SOURCES SOURCE AMOUNT NRC: !
THIS COOPERATIVE $ 570.00 AGREEMENT PREVIOUSLY OBLIGATED $ C00PERATOR SHARE: THIS COOPERATIVE $ l AGREEMENT ' PRIOR COOPERATIVE $ AGREEMENT-TOTAL FUNDING $ 570.00
- 16. . AMOUNT OBLIGATED BY THIS COOPERATIVE $ 570 00 AGREEliENT ACTION: -
8706240408 870618 N -lh -348 PDR
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r 1 Lit. NRC- 155UlNG OfflCE (NAME AND ADDRESS) U.S. fluclear Regulatory Coninission Division of Contracts / Office of ~ Administration-Washington,.DC' 20555-
=1E. C00PERATOR 19. NRC GRANT OFFICER
_. ._C a-2 /J. Lxw nap 7 .. _ (signaturel._.
.Q5ignature) (_Da te
.NAME - (IYPED) Jane s. Tucker NAME (TYPED)Debble. Runion
& , . IlTLE. D ito m M 'TlTLE _ ._ ..
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TELFPHONE NO. TELEPHONE NO. ('301)492- l 7,610__.' 4 i
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,20. COOPERATIVE AGREEMENT PAYMENT INFORMATION J a
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. Payment will be made within. thirty-{30) days after receipt of. the hilling unless the billing-
, is . improper or the cooperator. has failed to comply with the program objectives, cooperative f agreement award conditions, Federal reporting reouirements or other conditions specified in.
OMB Circular' A-102/A-110, whichever is applicable. k . Payment will be~made by:
.U. 5. Nuclear Regulatory Commission - -
Of fice of Resource Management Division of-Accounting and Finance, ATTil GOV /COM ACCOUNTS Uashington,-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). 2? . Attached is a . copy of the "NRC Project Cooperative Agreement Provisions for Institutions of Higher Education and Other Nonprofit ^ 0rganizations and State / Local Governments." Acceptance c, these terms and conditions is acknowledged when federal funds are used on this cooperative agreement project. 1 i2. ORDER OF-PRECEDENCE In the event of a conflict between the cooperator's proposal and this Notice of Cooperative l Agreement Award, the terms of the Notice of Coopera tive Agreement Award shall prevail . j I
- 23. By this Cooperative Agreement Award, the cooperator certifies that payment of any audit- j related debt will not reduce the level of performance of any Federal Program.
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,l..l L STATEMENT OF WORK COOPERATIVE AGREEMENT (LPDR) 1
- 1. BACKGROUND-The Local Public Document Room Branch within the Division of Rules and Records, Office of Administration, U. S. Nuclear Regulatory Commission (NRC), is responsible for the overall establishment and maintenance of local public document' rooms (LPDRs). The LPDR Branch reconrnends, 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 program provides scientific and technical infomation relatino to nuclear power plants. The document collections pemit and encourage the free exchange of ideas and criticisms by the ceneral public in the licensing of nuclear power plant construction and operation. The LPDRs ' are located in libraries maintained by state / local onvernments, institutions of higher education and nonprofit orcanizations _ (hereinaf ter, the " Cooperator") in the vicinity of proposed nuclear power plants. The LPDR Branch has established a cooperative agreement program to provide financial remuneration for services perfomed by the LPDRs and to insure that a uniform program of document maintenance and infomation services is provided for LPDR patrons. 2.. PERIOD OF PERFORMANCE To
- a. The ' period of performance hereunder shall commence on <- / " l 8 7 and shall continue through 6/2e/se , unless scener terminated or extended.
- 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 The NRC anticipates that they will provide documents on a weekly basis to be added to each local public document' room collection (collection). NRC will provide file folders, binders, labels, postcards for reportino rissir.g documents, envelopes for use in communicating with NRC, a User's Cuide:, filing and document retention instructions, etc. Also, the W 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 library staff, monitor contractor perfomance, and identify /rcsolvr problems er ;
discrepncies. ! Incorporate ir.to resultant Cooperative Agreement.
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- 4. MAINTENANCE AND OPERATION OF THE LPDR . j The Cooperator shall perform the follow'ing services relative to the 1 maintenance and operation of the LPDR: J
- 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 l the Program Officer. 1 i
- b. Pefile docunents or microfiche used by patrons within the next business day.
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- 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 i
which identify the collection) as instructed. 1
- e. Maintain a file of explanatory and instructional material sent to the LPDR library by the NRC. 1
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- f. Documents in the collection are not allowed to leave the LPDR library unless instructed to do so by the LPDR Branch, NRC.
9 Vork with the LPDR Branch staff and other NRC representatives, as necessary, to answer cuestions and provide information en the 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.
- 1. 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 sioned werk order should be submitted with the quartcrly report and advance / reimbursement Form f270. If the cost estinate 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 I the use or maintenance of the collection.
- c. As the need arises, the Cooperator shall acquire necessary miscellaneous 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 accompany Form #270. Charges for paper and lamps for the NRC microfiche reader printer are not allowable exper.ditures and will not be reimbursed.
- 7. SPACE REQUIREMENTS Provide the following:
- a. Adequate shelf or other filino space to maintsir the local public document collectien, i
- b. Adecuate space near the decurent collection tc Iccate 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.
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- 8. . SUPPLY REQUIRENENTS 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 items are to'be furnished to the Cooperator, as needed,' to.
the collection. '
'a. i
~3M *800" microfiche reader printer, Model No. f15 M. Serial No.
- 3o 1 G 9 / ,- NRC Tag No. cn M (o , (1 ea.)
b. Vertical visible upright cabinet fer' cards and microfiche, 4x6 size, 7-drawers. 40" high,16" wide 27" deep, with htch leg base, steel, 12" high, Shaw-Walker, Model C-1419.-( l ea.) c. Reader printer sit-down stand, 30" high, top 36" x 30", Bell & - Howell, Catalog No. 123002. (1ea.) For newly established LPDRS or LPDRS receiving a microfiche reader printer for the first time, the NRC will provide the initial box of paper and an extra' lamp for the microfiche reader printer. to maintain an adequate supply of paper and electric. lamps rests with theTher Cooperator. (Paper: 3M Dry Silver Paper, Type 795 81/2 x 250,' 4 rolls x: per carton; Lamps: 3M, Order No. 78-8012-3601-5.) ,NRC authorizes the Cooperator to charge fer copies made on the reader printer, to recoup expenses. fcr paper and lamps. The Cooperator is authcrized, without cost to NPC, to install a coin operated attachment to the reader printer; however, the cost a Cooperator may charge for copies from microfiche may not exceed $0.25 per page copy, unless require ita can be per-page higher demonstrated cost. to the Program Officer that operating costs
- 10. REPORTING REQUIREMENTS
). a. Performance Reports 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 purposes Form #270)be submitted simultaneously with this performance rep (6rt, along with a ' receipts for miscellaneous supplies and signed work orders covering
. Incorporate into resultant Cooperative Agreement. t dl ,
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repairs or servicing of NRC furnished microfiche reader printer. However, for Cooperators who qualify for advance payment, the first quarterly report will be submitted with Fom #270 for payment of second quarter. U.S. Nuclear Regulatory Comission ATTN: Jona L. Souder, Chief Local Public Document Room Branch Division of Rules & Records Office of Administration Washington, DC 20555 U.S. Nuclear Re'gulatory Comission , Small Purchases & Regional Operations Branch ! Division of Contracts Office of Administration Washington, DC 20555 U.S. Nuclear Regulatory Comission 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-110. Attachment G and/or A-102, Attachment H, as applicable, the Cooperator shall use the Standardized Financial Status Report to report the status of funds for all nonconstruction projects or programs. Please note the NRC will exercise the option to waive the filing of the Standardized Financial Status Report since the Request for Advance or Reimbursement and/or Report of Federal Cash Transactions has been determined to provide adequate infomation, 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 only for advances.
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la . , o 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 term " 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 tem " program officer" means the person in NRC Headquarters who l is responsible for the technical aspects of this cooperative j agreement. j
- d. The tem " Circular A-102" refers to Office of Management & Budget i Circular A-102 (Revised), Unifom Requirements for Assistance to t State and Local Governments (January 1981). l l
- e. The term " Circular A-87" refers to Office of Mananement & Budaet
- Circular A-87, Cost Principles for State and Local Governments (January 28,1981).
- f. The term " Circular A-110" refers to Office of Management & Budoet Circular A-110, Unifom Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations (July 30,1976). 1 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). j
- h. The term " Circular A-122" refers to Office of Management & Budget Circular A-122 Cost Principles for Nonprofit Organizations (July 8, 1980).
- 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 State and Local governments / Nonprofit Organizations / Educational Institutions.
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g ,,;: . 2 l L b.. This award constitutes acceptance by the NRC of the Cooperator's proposal and budget unless otherwise indicated on the face page.. p 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 performance reports.
'd. This cooperative agreenent;is funded on a cost reimbursement 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 (0MB) Circulars which are hereby incorporated by reference as though fully set forth herein. A 3 copy of these circulars are hereby attached for your reference.
A-102 (Revised) " Uniform Reautrements for Assistance t'o State and Local Governments" (January 1981)
. A-87 " Cost Principle , 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) l A-122 " Cost Principles for Nonprofit Organizations" (July 8,1980) 1
- 3. Reportino Program Technical Performance ;
i ! Cooperator is responsible for the perfomance under this cooperative j 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 compiy with the tems and conditions of a cooperative agreement, NRC may (1) suspend the cooperative agreement or (2) terminate the
j . i , . . . 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 tems and conditions of a cooperative agreement, the j 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 l Cooperator will be requested to respond in writing within 30 days of 1
. receipt of such letter, describing the action taken or the plan '
designed to correct the deficiency. Copies of.such correspondence I 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 1 notice suspending authority to-further oblicate cooperative agreement j funds, in whole er. in part. The notice of suspension will be sent by- l certified mail (return receipt requested) to the Cooperator with a d copy to the Pl. The notice will set forth the activities covered by 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 inrnediate suspension or termination when such action is reasonable under the circumstances and necessary 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 I 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 terinination. 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 teminated pursuant to this article, financial obligations incurred by the Cooperator prior to the
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effective date of temination shall be allowable to the extent they would have been allowable had the cooperative agreement not-bern 8
. terminated, except that no oblication incurred durino the period. in i which the cooperative agreement was suspended (except those allowed pursuant to c., above) will be allowed. The settlement of~
termination costs will be in accordance with the applicable' Federal cost principles. 9 Within ninety (90) days of the effective date'of termination, 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.
- 5. Termination for Convenience
- a. Circumstances may arise in which either NRC or the Cooperator wishes to teminate the cooperative agreement in whole or in part.- - If 1 both parties agree, the cooperative agreement may be terminated 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 teminate the cooperative acreement, he/she shall advise the NRC Grant Officer, in writing, with a copy to the cognizant NRC Program Officer. ;
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- c. If NRC wishes to terminate the cooperative agreement, the Grant i
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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 -
temination. 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 i the Cooperator of the effective date of the termination. The i effective date shall reflect the fact that NRC may recuire a mininum of nirety (90) deyr to relocate tFe document ccliection. The final decisien 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 teminated cooperative agreenent (or the teminated 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. i l 1 J
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- 6. Dispute Review Procedure
'a. The Cooperator may request a review of a notice of termination 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 termination set by the Grant.0fficer, the NRC may withhold or defer payments under the cooperative agreement until the review has been resolved.
- e. The temination review committee will request the Grant Officer
. who issued the notice of termination to provide copies of all relevant backaround materials and documents. It may, at its
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discretion, invite. representatives of the Cooperator. and the NRC program office to discus's pertinent issues and to submit such additional infomation as it deems appropriate. The chainnan 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 recommendations to the Director, Office of Administration, who will advise the ,
parties concerned of his/her decision. If the decision is to sustain the termination, the Director, Office of Administration, may reaffirr 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 instrument, 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.
- b. The Federal Cost Principles applicable to (1) State and Local i governments, (2) Nonprofit Organizations, and (3) Educational i Institution cooperators are respectively as follows: )
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-(1) Circular A-87 i
(2) ' Circular A-122 (3) Circular A-21 ! I
- 8. Retention and Custodial Requittments for Records I 4
Cooperators'sha11' retain and permit examination of records in accordance. { with OMB Circulars A-102, Attachment C and/or A-110. Attachment C, as applicable. Cooperators shall place appropriate requirements on 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 perfomance of the - 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. 3 (2) Records relating to projects subject to special project income l provisions shall be retained until three (3) years from the end .; of the cooperator's fiscal year in which the cooperative- 1 agreement instrument requirement 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-tem retention value. When the records i
1 g L. l,; i p , l 1 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 negotiate a mutually agreeable arrangement with the Cooperator' regarding reimbursement of costs.
- 9. Payment and Financial Reportino Requirements 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-102, Attachments H and J and/or A-110, ! Attachments G and I, as applicable. i
- a. Methods of Payment i
- 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:
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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 method of payment must be used, in lieu of the letter of credit method, 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 ' l time elapsing between the receipt of Federal funds and ! their disbursement by the Cooperator; o the Cooperator's financial management system meets the ; standards for fund control and accountability prescribed in ; Attachment G to OMB Circular A-102, revised, for State and i local governments, or Attachment F to Circular A-110 for institutions of higher education, hospitals, and other nonprofit organizations; and i
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j .=: : ', - la i i 3. o- the Cooperator agrees in writing to withdraw cash only when l actually needed for its disbursement, and to timely report ; I cash disbursements and balances to the Federal grantor ; agency, and to impose the same standards for time 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 unobligated ' , 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 p twelve (12) months, or the cooperative agreement (s) from a L single Federal grantor agency total less than $120,000 (or' less than $250,000 if. the orantor and the Department of the Treasury agree on a waiver); c' the Cooperator 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 grantee; 3 o the Cooperator agrees to impose the same standards fnr amount and timing of withdrawals on any subcooperator 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. DirectTreasuryCheck(ReimbursementBasis)
Reimbursement by Treasury check is the preferred r:ethod cf 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 by the Cooperator; or o its financial management system does not meet the standards for fund control and accountability prescribed in Attachment G to OMB Circular A-102, revised, for State and l L - - -
c.. ; .. - - , ~ . 1 9 Local Governments, or Attachnent F to Circular A-110 for institutions of higher education, hospitals, and other nonprofit organfrations.
- 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
- a. 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 3 specify which requirements of this cooperative agreement must be l
flowed-down to satisfy the purposes of OMB Circulars A-102, ' Attachment 0 and/or A-110 Attachment 0, as applicable.
- d. Cooptrator reouests for approvals shall include en explanation of the need for the contracting, a proposed performance 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. i
- 13. Procram Income Program income is subject to the policy prescribed by OMP Circulars A-102, !
Attachment E and/or A-110 Attachnent 0, as applicable. m
c . , v . c ., . F I i
- 14. Statutory Requirements
- a. Civil Richts This cooperative agreement is subject to Title VI of the Civil Rights Act of 1964 (P.L. 88-352); Title IV, Sex Discrimination, of the Energy Reorganization Act of 1974, and Executive Order 11246, as l amended, Parts II, III, and IV (for cooperative agreements over
.$10,000 within a twelve month period).
The Cooperator acrees that no person in.the United States shall. on the around 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. l
- b. Nondiscrimination Under Cooperative Agreements This cooperative agreement is subject to the provisions of the Rehabilitation Act of 1973, Pubite 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."
Further, 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. i
- 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 end assistance for the safety and convenience of th' Government representatives in the perfonnance 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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- 17. Title to Equipment Unless otherwise specified in the cooperative agreement instrument, title to equipment purchased or fabricated with NRC cooperative agreement funds 1 by a college or university, other nonprofit organization, or a unit of l State er. 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 perfonning 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 i to review and approve the' types of actions described in a., above. l
.. 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.
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