ML20234E856

Cooperative Agreement: Maint & Operation of Lpdr. Awarded to Oconee County Library

ML20234E856
Person / Time
Issue date:	06/29/1987
From:	Chandler D, Runion D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), OCONEE COUNTY, SC
To:
Shared Package
ML20234E837	List: ML20234E833 ML20234E856
References
CON-NRC-10-87-338 NUDOCS 8707080019
Download: ML20234E856 (2)

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'- U. S. NUCLEAR RE GU; Aibi:n COM".lSSION NOTICE Of COOPERATIVE AGREEMEtiT

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1.000PERAllVE AGREEMEf41 tiUfEER 2. M3Dif ICA110N fiUMBER 3. C00PERAllVE AGREEtiEtI13Eh NRC-10-87-338 N/A [gog:6/24/87 10: 6/23/88

4. AUTHORITY Section 31a and S. 1YPE Of AWARD 6.000PERA10R TYPE 141b of Atomic Energy Act I of 1954, as amended. Coopera^.ive Agreement k.000PERA10RNAMEANDADDRESS 8. PROJECT TITLE '

Oconee County Library i ATIN: Ms. D. Chandler " Maintenance and Operation of The i 501 West South Broad Street Local Public Document Room (LPDR)" ]

Walhalla, South Carolina 29691

9. PROJECT WILL BE CONDUCTED PER 10. TECHNICAL REPORTS ARE REQUIRED C00PERA10R'S PROPOSAL (S) __

PROGRESS AND flNAL DATED AND IINAL ONLY APPENDIX A - PROJECT COOPERATIVE AGREEMENT X OTHER (Quarterly Reports)

PROVISIONS _

11. PRINCIPAL IfiVESTIGA10R(S) NAME AND 12. NRC PROGPJM OfflCE (NAME AND ADDRESS)

ADDRESS U.S. Nuclear Regulatory Commission LPDR Branch- ATTN: Jona L. Souder, Cf.it Sandra Northern Divisio.1 of Rules & Records Wash., DC 20555 Of fice ofWAdm.(Rn0)._433-3091 Tdephone .

13. ACCOUNTitiG AND APPROPRI AT10'l DATA 14. METHOD Of PAYMENT 46-20-25-302 ADVANCE BY TREASURY CHECt.

B&R No.

. X RE1MBURSEMENT BY TREASURY flN: CHECK LETTER Of CREDil APPN: 31X0200.407 O m DP m fY)

15. FUNDING SOURCES ,

SOURCE AM3 UNI NRC:

THIS COOPERATIVE 1 4,046.00(Four equal quarterly amounts of $999.00 + $50.00 l AGREEf'ENT for mise. office expenses) l PREVIOUSLY OBLIGATED $_  !

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C00fcRATOR SHARE:

THIS COOPERATIVE $

AGREEMENT PRIOR COOPERATIVE $

AGREEMEH1 4,046.00 TOTAL FUNDING $

16. AMOUN1' OBLIGATED BY THIS COOPERATIVE $

4,046.00 AGREEliENT ACTION:

8707080019 870629 '

PDR CONTR NRC-10-87-338 PDR ,

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17. ! RC 155U?l:0 Of flCE (NAfE A::D ADUNE55)

U.S. Nuclear Regulatory Corrnission Division of Contracts / Office of Administration tashington, DC 20555

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IE. COOPERATOR 19.H%GiiATT If f Jfn naturel Dub (date)

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(Signature

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HAME (TYPED) Mrs. Dorothy S. Chandler NAME (TYPED) Debbie Runion TITLE Director TITLE _ _ ..

TELEPHONE NO. M 4 & - E J'.f f 1ttces0NE f0. (301) 492 7610 _

i E. COOPERATIVE sGREEMEf4T PAYME!4T INFORMATION l

Payment will be made within thirty (30) days af ter receipt of the hilling unless the billir.; j is improper or the cooperator, has failed to comply with the program objectives, cooperative {

agreement award conditions Federal reporting reouirements or other conditions specified in OMB Circular A.102/A-110, whichever is applicable.

Payment will be r.ade by: )

~ I U. S. Nuclear Regulatory Co.wnission '

Of fice of Resource Management Division of Accounting and finance, AITN; GOV /COM ArCQHNTS Uashington, DC 2d 55 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 ^. Attoched is a copy of the "NRC Project Cooperative Agreement Provisions for Institutions cil Higher Education and Other flonprofit Organizations and State / Local Governments.' Acceptance c) 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 Coopera tive Agreement Award shall prevail .

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

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STATEMENT Or v)RK CDDPERATIVE AGREEMINT (LPDR)

1. BACKGRDUND The Local Public Document Room Branch within the Division of Rules and Records. Office of Administration U. $. Nuclear Regulatory Comission (NRC), is responsible for the overall establishment and raintenance of local public document rooms (LPDRs). The LPDR Branch recomends, develops, and isnplements programs, plans, objectives, and activities of local public docunent rooms, as well as ccordinates the distribution of docurents to LPDRs.

The LPDR program provides scientific and technical inforr.ation relatino to nuclear power plants. The document collections permit and encourage the free exchange of ideas and criticisms by the oeneral public in the licensing of nuclear powcr plant construction and operation. The LPDRs are located in libraries maintained by state / local covernrents, institutions of higher education and nonprofit orcanizations (hereinaf ter, the " Cooperator *) ir. 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 PERFORKANCE i

3 i a.

The period and shell of perfomance continue r shall comence on lo through 6, { 2hcreunde%Tir M[

, unless scener teminated or extended.

b. The Cooperator and the NEC, by mutual agreement, r.ay extend the period of perfomente through the execution of supplemental egreements to this cooperative agreenent, not to exceed a totel 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. I i

3. NRC RESPONSIBILITY  ;.

The NRC anticipetes that they will provide documents on a weekly basis to b( added to each local public document room collection (ccliection). NRC vill provide file folders, binders, labels, postcards fer reportino rissing documents, envelopes for use in comunicating with NRC, a tiser's Guide, filing and docunent 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 library staff, monitor contractor perfomance, and identify /r(sclu rroblens cr discrepncits.

Incorporate ir.to resultant Cooptrative Agreerrent.

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4. PAINTENiskrE AND OPERATION OF THE LPDR The Cooperator shall perform the following services relative to the i 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 librery patrons, this filing deadline may be extended upon the expressed approval of the Program Officer.

1, . 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.

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

f. Documents in the collection are not allowed to leave the LPDR library ur.less instructed to do so by the LPDR Branch, HRC.

9 Vork with the LPDR Branch staff and other NRC representatives, as necessary, to answer cuestions and provide infortnatier. en the availability of documents and services, return docurents sent in error, make arrangerents for handling non-routine matters as they crise, such as Freedom of Information Act responses.

h. Maintain the local public document room collection and NRC-furnishrd equipment as a physicelly unified collection.

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

5. USER ASSISTANCE l

a. Provides patrons with reference assistence in locating documents and ~l suf ficient 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 nitrofiche copies of the collection, and use of the microfiche reader printer.

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 nf 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 w:rk order should be submitted with the quartcrly report and advance / reimbursement Form (270.

If the cost estir.ete exceeds $200.00, the Cooptrator staff shall first contact the Program Of ficer by calling the toll f ree 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, nf problems regarding -

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 perfo'rmance of the work required under this coccerative agreement.

Approval of the NRC Progrem Officer is required prior to purchase of these supplies. Peyrent should be requested or, the next quarterly advance /reimbursenent Fort #270. Receipts for the supplies must accompany form (270. Charges for paper and lamps for the NRC microfiche reader printer are not allowable experditures and will not be reimbursed.

7 SPACE REQUIREMENTS Provide the following:

a. Adequate shcif or other filino space to mainttir the local public docur+rit collecticn.

b. Adecuatt space near the dt curent collection 1c Itcate a microficht reader printer, a table for the reader printer, a ticrofiche file cabinet (s), and table and chairs for petrons using the collection.

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

1 B. SUPPLY REQUIREMENTS a.

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

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Maintain printer.

adequate supply of electric lamps for the inicrofiche reader

9. GOVERNMENT FURNISHED PROPERTY The following' support items are to be furnished to the Cooperator, as needed, to-the collection, q

s. 3M *800* microfiche reader printer, Model No.v75 At Sertai No.

155233 , NRC Tag No. oo 87 M (1 ea.)

b.

Vertical visible upright cabinet frr cards and microfiche, 4x6 sire, 7-drewers, 40* high,16* wide, 27* deep, with hich 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. (1 ea.)

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. Thereaf ter, responsibility to maintain an adequate supply of paper and electric lamps rests with the Cooperator.

(Paper: 3F Dry Silver Peper, Type 795, 81/2 x 250, 4 rolls  !

per carton; Lamps: 3M, Order No. 78-8012-3601-5.)' NRC authorizes the l Cooptretor to charge fcr copies made on the reader printer, to recoup cxpenses fcr peptr and lanps.

The Cooperator is authcrired, without cost to NPC, te install e coin operated attachment to the reader printer; however, the cost a Cooperator may charge for copies from microfiche may not exceed 50.25 per page copy, unless it can be demonstrated to the Program Officer that operating costs require a higher per-page cost.

10. REPORTING REQUIREMENTS

a. Perforrance Reports A quarterly perfonnance report, utilizing the ferr.at as specified in Attachment 2 shall bt submitted within 20 days af ter each quarter's end to the addressees listed below. For administrative purposes, it is requested the quarterly advance / reimbursement (Forr. f270) be submitted simultaneously with this performance report, along with any receipts for miscellaneous supplies and signed work orders covering Incorporate into resultant Cooperative Agreement.

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 Forr. #270 for payrent of second quarter.

U.S. Nuclear Regulatory Commission ATTN: Jona L. Souder, Chief local Public Document Room Branch Division of Rules & Records Office of Administration Vashington, DC 20555 U.S. Nuclear Regulatory Commission Sr.all Purchases & Regional Operations Branch Division of Contracts Office of idministration Veshington, DC 20555 ]

U.S. Nuclear Regulatory Commission Division of Accounting & Finance J ATTN: GOV /COM Accounts Section Office of Resource Management Washington, DC 20555

b. Financial Reports in accordance with DME Circulars A-110. Attachment G and/or A-102, l Attachment H, es epplicable, the Cooperetor shall use the l Stenderdized Financial Stetus Report to report the status of funds l for all nonconstruction projects or progrees. Please note thc KRC will exercise the option to waive the filing of the Stenderdized Financial Stetus Report since the Request for Advance or Peimbursement and/or Report of Federal Cesh Transactions has. bee-determined to provide adequate information, except that a final Finantici Status Fcport shell be required at the completion of th:

project whcn the Rcquest for Advance or Rtirbursenent form is ustd only for advances.

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l APPENDIX A NRC PROJECT COOPERAT!YE 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 egreement on behalf of the Government and includes his successors or any duly authorized representative of any such person.

b. The terr " cooperator" neens 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 Headquarterr. 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). Unifom Requirements for Assistance to State and Local Governments (January 1981).

e. The tem

• Circular A-87* refers to Office of Menener.ent & Eudaet

- Circular A-87, Cost Principles for State and Local Governments (January 28,1981). ,

f. The terr " Circular A-110* refers to Office of Mar.agement & Budoet Circular A-110. Unifom Administrative Requirerer.ts for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations (July 30,1976).

g. The terc

• Circular A-?!* refers te Office of Menegerent & Budget Circular A-21 (Revised), Cost Principles for Educational Institutions

( Fe brua ry 26,1979) and A-21 (Revised) Transmittel Memorandum No. 2 Cost Principles for Educational Institutions (June 4,1986).

h. The tem " Circular A-122* refers to Of fice of Management & Budget Circular A-122 Cost Principles for Nonprofit Orgar.izations  !

(July 6, 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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b. This award constitutes acceptance by the NRC of the Cooperator's l proposal and budget unless otherwise indicated on the face page. j i

c. The Cooperator is obligated to conduct such project oversight as may l be appropriate, to ranage the funds with prudence, and to comply with  !

the provisions outlined herein. Within this framework, the Principal Investigator (PI) named on the cooperative agreenent face page is '

responsible for the scientific or technical direction of the project and for preparation of the project perforvence 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 Uniform 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 atteched for your reference.

A-102 (Revised) " Uniform Recuirements for Assistence te State and Local Governments" (January 1981)

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

(Ja nua ry 28,1981) 7 A-110 " Uniform Administrative Requirerents for Grants and Agreements with Institutiens of Higher Educetion, Hospitels, and Other honprofit Organizations * (July 30,1976)

A-?! (Revised) " Cost Principles for Educational Institutions

• j (February 26, 1979) and A-21 (Revised) Transmittal l Memorandum No. 2 " Cost Principles for Educationel

, Institutions" (June 4, 1986)

A-122

• Cost Principles for Nonprofit Organizations * (July 8,1980)

3. Reporting Program Technical Performance -

i Cooperator is responsible for the performance under this cooperative agreerent and other agreements and, where appropriate, ensures that time schedules are being ret, projected work units by time periods are being accorplished, and other performance goals are being achieved.

4 Suspension or Termination for Cause

e. When, in the opir. ion of NRC, a Cooperator has failed to comply with the terms and conditions of a cooperative egreerent, NRC may (1) suspend the cooperative agreement or (2) t,erminate the O

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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 cf the. nature of-the problem and that failure to correct the deficiency may result in suspension or termination of the cooperative agreement. The- i 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 L 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 lif t.the suspension. However .

this policy does not preclude immediate suspension or termination when such action is reasonable ur. der the circumstances and necessary to protect the interests of the Government.

c. If a cooperative egreement is suspended pursuant to this article, no )

obligations incurred by the Cooperator during the period of ' I suspension will be allowable under the suspended cooperative agree ent 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 applicabic Federal cost principles,

d. The suspension will remain in effect for a raximum 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 $1s 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

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d effective date of termination shall be allowable to the extent they  !

would have been allowable had the cooperative agreencnt not been  ;

terminated, except that no oblication incurred durino the period in which the cooperative agreement was suspended (except those allowed

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

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

5. 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 terminated by mutual agreement, in accordance with OMB Circulars A-102, Attachrent 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 writine, with a copy to the cognizant NRC Program Officer.

c. If NRC wishes to terminate the cooperative agreerent, the Grant Officer will advise the Cooperator, in writing, with copies to the P1 and the cognizant NPC Program Officer.

d. Within ten (10) days af ter receipt of a request fror tither party for termination by mutuel agreement, the other party will provide a written response agreeing or disagreeing with the request for te rmina t ion. In the event of disagreement, the Grant Officer will

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make a final decision end will give written notice to the Cooperator. l If the decision is to terminate, the Grant Officer will also advise j the Cooperator of the effective date of the termir.ation. The 4 effective date shall reflect tht- fact that NRC may r(cuirc a minir.um of r.irety (90) dey! t( rticcate tFe document c(llectier.. Tbr firal decificn shell bt sutject to the review procedures dtscribed in Article 6 entitled,

• Dispute Review Procedurt ,* belo .

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

cooperative agreenent (or the terminated portion thereof, as the case i 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 I termination.

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6. Dispute Review Procedure

a. The Cooperator may request a review of a notice of termination or j 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 temination.

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 ecknowledge receipt of the request for review and shall forward it to the Director Office of Administration, who shall appoint a review comittee consisting of a minimum of three persons. J

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d. If the request for review has not been resolved by the effective date l cf the temination set by the Grant Officer, the NRC rr.sy withhold or  !

defer payments under the cooperative agreement until the review has I I

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 r.aterials and docunents. It may, at its )

discretien, invite representatives of the Cooperator and the NRC I program office to discuss pertinent issues and to submit such additional infomation es it deems appropriete. The chairr.an of the review comittet will insure that all review activities or proceedings are adequately documented. i i

f. Eased on its review, the comittee 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 teminetion, the Director, Office of AdTinistration, ray reaffire 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 perfortned under this cooperative agreement, up to the amount specified in the cooperative agreement instrunent, shall be detemined in accordance with the applicable Federal Cost Principles in effect on the effective date of the cooperative agreement and the terns of the cooperative agreerner.t.

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

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(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 OKB 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 attechtnent.

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 settletent of claims arising out of the performance 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 af ter final report submission.

(2) Records relating to projects subject to speciel project income

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provisions shall be reteined until three (3) years from the end of the cooperator's fiscal year in which the cooperative i agreement instrument requirement for rep;rtino income expires.

(3) The NRC and the Comptroller General of the United States, or any of their duly authorized representetives, shell have '

access to any pertinent books, documents, papers, and records cf the Cocperator's organization, and of thE performing organization, if different, to inake audits, examinations, excerpts and transcripts. Further, any co. tract 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 ue special arrangements with cooperators to retain er.y records that are needed for joint use. NRC rnay request trar.sfer to its custody of records not needed by the Cooperator when it deterrnines that the records possess long-tem retention value. When the records

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 Recluirements Payrents 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 i applicable OMB Circu.lars A-10F, Atta'chments H and J and/or A-110, Attachments G and I, as applicable.

4. Methods 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:

o the cooperative agreement must be for a period of at least twelve (12) months; o the cooperative agreement (or cooperative agreements) from I a Federal grantor agency to a Cooperator organization must J total at least $120,000. Note: The direct Treasury check  ;

rnethod of payment must be used, in lieu of the letter of I credit rethod, when the total of cooperative agreement (s) is between $120,000 end $250,000 ar.d where the Federal grantor agtncy and the Treasury Dcparttent find a stiong -

basis for waiving the generel rulc.

o the Cocperator has established (or demonstrated its willingness to establish) procedures that will ninimize the time elapsing between the receipt of Federal funds and their disbursement by the Cooperator; o the Cooperator's financial management system neets the  !

standards for fund control and accountability prescribed in Attachment G to OMB Circular A-102, revised, for Stete and local governments, or Attachment F to Circular A-110 for institutions of higher education, hospitals, and other nonprofit ornanizations; and w

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l 6-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 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:

'l 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 j less than $250,000 if the crantor and the Department of the Treasury agree on a weiver);

o 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 disburserent by the grantee; k the Cc,cperator agrees te impose the ser.e standards fnr enount and timing of withdrawals on any subccoperater organizations, end; o the Cooperator's financial management system meets th<

stenderds for fund control end accountability as prescribed in Attechment 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 Besis)

Reirbursement by Treasury check is the preferred rethW of ,

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 Attechment G to OMB Circular A-102, revised, for State and

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i Local Governments, or Attachtrent F to Circular A-Il0 for institutions of higher education, hospitals, and other rionprofit organizations.

10. Property Managerent Standards Property shall be accounted for and managed in accordaace with OMB Circulars A-102. Attachment N and/or A-110. Attachment N, as appitcable. {

11. Procurement Standards

a. NP,C 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 requirerents of this cooperative agreenent must be flowed-down to satisfy the purposes of OMB Circulars A-102 Attachrent 0 and/or A-110, Attachment 0, as applicable.

d. Coop < rator reovests for approvels shall includt er explanation of the need for the contracting, a proposed perferr2nce statement, justification for the price or estimated cost (including a detailed j budget for cost-reimbursement type arrangements), and the basis for j selecting the contractor.

!?. Revision of Financial Plans Cooperative agreement budget activity under this cooperative agreement is subject to the requirements of OMB Circulars A-102, Attechnent K and/or A-Il0, Attachment J, as applicable.

13. Program Income Program income is subject to the policy prescribed by OMP Circulars A-102 Attachment E and/or A-110. Attachment 0, as appliceble.

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14. Sta tutory 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 amendd, Parts II III, and IV (for cooperative agreements over

$10,000 within a twelve month period).

The Cooperator aprees 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 hRC.

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."

Further, this cooperative agreement is subject to the provisions of

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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. Liebility and Losses NRC assumes no liability with respect to any damages or loss arising out of ( ny activities undertaken with the financial support of this cooprative egreement. )

16. Site Visits The NRC, through authorized representatives, has the richt, 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 i the Cooptrator or a contractor under a cooperative aareement, 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 perforr.ance of their duties. All site visits and evaluations shell be perfomed 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 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

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a. In order to carry out its responsibilities for monitoring project i perfomance and for adherirg to cooperative agreerent terns and {

conditions, each perfont.ing 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 perfomance or modification of an NRC-supported activity where such approvals are required by the cooperative agreement instru sent, including the obligation or expenditure of funds where the governing cost principles either prescribe conditions or require approvals.

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

Preferably, the official (s) should be the sane official (s) who sign (s) or countersign (s) those types of requests that require submission to and approval by NRC. The designated official (s) shell not be the principal investigator or any official having direct responsibility for the actual conduct of the project, or a subordinate of such individuel.

19. Star.derds for Financial P.anagement Systems Cooperators shall have financial ranagement systems that reet the require .ents of OMB Circulars A-102, Attachment G end/or A-110, Attachneri F, as applicable, i