ML20235H999

Cooperative Agreement: Maint & Operation of Lpdr, Awarded to Salem Free Public Library

ML20235H999
Person / Time
Issue date:	09/22/1987
From:	Fogg E, Hoyle A NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), SALEM, NJ
To:
Shared Package
ML20235H991	List: ML20235H988 ML20235H999
References
CON-NRC-10-87-362 NUDOCS 8710010254
Download: ML20235H999 (17)

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U. S. NUCLEAR REGUL AiOR) COMMISSION l NOTZCE OF COOPERATIVE AGREEMENT

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l. COOPERATIVE AGREEMENT NUMBER 2. MODIFICATION NUMBER NRC-RFPA 10-87-362 N/A 3.COOPERATIVEAGREEUEI FROM:9 / 28/ 87 10:9/27/8

4. AUTHORITY Section 3Ia and 5. TYPE OF AWARD 6.C00Dr.RATOR TYPE I4Ib of Atomic Energy Act ,

of 1954, as amended. Cooperative Agreement

.C00PERATOR NAME AND ADDRESS 8. PROJECT TITLE '

Salem Free Public Library 112 West Broadway " Maintenance and Operation of The Salem, New Jersey 08079 Local Public Document Room (LPDR)"

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

PROGRESS AND FINAL DATED AND FINAL ONLY APPENDIX A - PROJECT COOPERATIVE AGREEMENT X OTHER Ouarterly PROVISIONS

11. PRINCIPAL INVESTIGATOR (S) NAME AND 12. NRC PROGRAM OFFICE (NAME AND ADDRESS) 1 ADDRESS -

U.S. Nuclear Regulatory Commission Teresa Linton LPDR Branch-ATTN: Jona L. Souder, Chie1 Address same as 12 Division of Rules & Records hf dnOf n *InWMn n

13. ACCOUNTING AND APPROPRIATION DATA 14.METHODOFPhYM5NT' B&R No.: 31X0200.407 . ADVANCE BY TREASURY CHECK X REIMBURSEMENT BY TREASURY FIN: N/A CHECK I

LETTER OF CREDIT APPN:

46-20-25-302 l OTHER (SPECIFY) {

15. FUNDING SOURCES SOURCE AMOUNT

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HRC:

THIS COOPERATIVE $ 2310.00 (4 quarterly amounts of $ 565.00 AGREEMENT + 450.00 misc. office supplies) i PREVIOUSLY j OBLIGATED $

J C00PERATOR SHARE:

THIS COOPERATIVE $

, AGREEMENT l PRIOR COOPERATIVE $

AGREEMENT TOTAL-FUNDING $ $2310.00

16. AMOUNT OBLIGATED BY THIS COOPERATIVE $ $2310.00 AGREEMENT ACTION:

8710010254 870922 PDR CONTR NRC-10-87-362 PDR

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[17. liRC IESU2HG OTT1CE (RAME AND ADUNE55) l U.S. Nuclear ReDu1M.ory Connission l . Division of Contracts /0ffice of Administration l Washington, DC 20555

18. COOPERATOR 19. HRC GRANT OFFICER

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(S% nature) (Datd) (51onature

,HAME (TYPED) . F142abeth C. Foaa NAME (TYPED) Anne Hoyle .

TITLE Director T I TL E _C_h,i e f,_

TELEPHONE NO. 609-935-0526 TELEPHONE HO. I3'01) 492-76,40_

0. COOPERATIVE' AGREEMENT PAYMENT INFORMATION

. Payment will be made within thirty (30)a d' ys after receipt of the hilling unless the billing is improper or the cooperator. has failed to comply with the program objectives, cooperative ,

agreement award conditions, Federal reporting requirements or other conditions specified in-OMB Circular A-102/A-110, whichever is applicable. I Payment will be made by:

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~ U. S. Nuclear Regulatory Commission - - -

Office of Resobrce Management Division of Accounting and Finance, n C 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).

31. Atteched 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.

- 72. 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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. STATEMENT OF WORK J

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l COOPERATIVE AGREEMENT (LPDR)

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1. BACKGROUND The Local Public Document. Room Branch within the Division of Rules and Records, Office of Administration, U. 5. Nuclear Regulatory Comission (NRC), is responsible for the overall establishment and maintenance of local public document rooms (LPDRs). The LPDR Branch recomends, 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 information relatino to nuclear power plants. The document collections permit and encourage the free exchange of ideas and criticisms by the general public in the licensing of nuclear powcr plant construction and operation. The LPDRs are located in libraries maintained by state / local onvernments, institutions of hi the " Cooperator") gher in the education vicinity and nonprofit of proposed organizations nuclear power plants. (hereinafter, 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 program of document maintenance and infomation services is provided for LPDR patrons. I

2. PERIOD OF PERFORMANCE

a. The period of perfomance hereunder shall comence on and shall continue through c{ g r)l %$'

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, unless sconer teminated or extended. I

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 docunent room collection (collection). NRC will provide file folders, binders, labels, postcards for reportino rissirig documents, envelopes for use in communicating with NRC, a User's Guide, filing and document retention instructions, etc. Also, the W ,~ j when notified by a library, will promptly replace any documents found 1 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 /rcscivt problens er discre ncies.

Incorporate ir.to resultant Cooperative Agreefterat.

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4. MAINTENANCE AND OPERAT!DN OF THE LPDR l The Ceoperator shall perform the followine 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 filino deadline may be extended upon the expressed approval of the Program Officer.

1, . Pefile documents or micr.cfiche used by patrons within the next busirrss 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 NRC.

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

g. Vork with the LPDR Branch staff and other NRC representatives, as necessary, to answer ouestions 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 nf 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 J 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.- ADMINISTRATE!iE 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 siened work order should be submitted with the quarterly report and advance / reimbursement Form 4270.

' If the cost estimate exceeds $200.00, the Coopsrator 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.

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 coccerative 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 RE0VIREMENTS Provide the following:

a. Adequate shelf or other filino space to naintsir the local public document collecticn.

b. Adecuate space near the decurent collection tc 1(cate a microfiche reader printer, a table for the reader printer, a n.icrofiche file I

I 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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6. SUPPLY REQUIREMENTS a.

Maintain adequate supply of paper for the eterofiche reader printer.

b.

Maintain printer.

adequate supply of electric lamps for the microfiche reader

9. GOVERNMENT FURNISHED PROPERTY The supportfollowing items are to be furnished to the Cooperator, as needed, to the collection,

a. 3M "800" microfiche reader printer 159 %9, NRC Tag No. CO%rl(o9, Model No.li rigfpg,, Serial No.

(1 ea.)

b.

Vertical visible upright cabinet fcr cards and microfiche, 4x6 size, 7-drawers, 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. (1ea.) i 3 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. Thereafter, responsibility to maintain an adequate supply of paper and electric lamps rests with the Coopera tor.

(Paper: 3M Dry Silver Paper Type 795, 81/2 x 250, 4 rolls 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 for 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 Looperator may charge for copies from microfiche may not exceed 10.25 per page copy, e dess it can be demonstrated to the Program Officer that operating costs r quire a higher per-page cost.

10. REPORTING REQUIREMENTS

a. Performance Reports E A querterly performance report, utilizing the fnrmat as specified in Attachment 2 shall be submitted within 20 oays after each quarter's end to the addressees listed below. For administrative purposes, it i is requested the quarterly advance / reimbursement Fonn #270) be submitted simultaneously with this performance rep (ort, along with any receipts for miscellaneous supplies and signed work orders covering Incorporate into resultant Cooperative Agreement.

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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 Form #270 for payment of second quarter.

U.S. Nuclear Regulatory Comission ATTN: Jona L. Souder, Chief Local Public Document Room Branch i Division of Rules & Records Office of Administration Washingtors, DC 20555 U.S. Nuclear Regulatory 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 i 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 l will exercise the option to waive the filing of the Standardized i Financial Status Report since the Request for Advance or l Reimbursement and/or Report of Federal Cash Transactions has been ]

determined to provide adequate infonnation, except that a final financial Status Report shall be required at the completion of th; project when the Request for Advance or Reinbursenent forr. is used only for advances.

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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 tem " program officer" means the person in NRC Headquarters who is responsible for the technical aspects of this cooperative agreement.

d. The term " 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 Management & Budnet 3 , Circular A-87, Cost Principles for State and Local Governments I (January 28,1981). '

f. The term " Circular A-110" refers to Office of Manaaement & Budoet .1 Circular A-110 Unifom Administrative Requirements for Grants and ]

Agreements with Institutions of Higher Education, Hospitals, and OtherNonprofitOrganizations(July 30,1976).

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g. 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 tem " Circular A-122" refers to Office of Management & Budget j Circular A-122, Cost Principles for Nonprofit Organizations j (July 8, 1980). ,

2. General

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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  !

propose 1 and budget unless otherwise indicated on the face page.

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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)namedonthecooperativeagreementfacepageis responsible for the scientific or technical direction of the project and for preparation of the project performance reports.

d .- This cooperative agreement 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 applicableOfficeofManagementandBudget(OMB)Circularswhichare 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 Reovirements for Assistance to State and Local Governments" (January 1981)

A-87 " Cost Principles for State and Local Governments" 3 (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 i Memorandum No. 2 " Cost Principles for Educational I e Institutions"(June 4,1986)

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

3. Reportina Program Technical Perfomance "

i Cooperator is responsible for the perfomance under this cooperative agreement and other agreements and, where appropriate, ensures that time {

schedules art being met, projected work units by time periods are being i accomplished, and other perfomance 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 {

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A-102, Attachment L and/or A-110. Attacnment 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 Grant Officer will advise the Cooperator by letter of the nature of ,

the problem and.that failure to correct the deficiency may result in 1 suspension or temination 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 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 imediate 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.

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 applicabic Federal cost princip1ps.

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 teken. 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 temination. The notice will state the reason (s) for the temination 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.

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f. 'If a cooperative agreement is teminated pursuant to this article, financial obligations incurred by the Cooperator prior to the l

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4 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 durino the period in

! which the cooperative agreement was suspended (except those allowed l

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

g. 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 teminate 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 NRC wishes to teminate the cooperative agreenent, the Grant Officer will advise the Cooperator, in writing, with copies to the pl and the cognizant NPC Program Officer,

d. Within ten (10) days after receipt of a request from either party for

. temination by mutuel 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 temination. The effective date shall reflect the fact thtt NRC tay recuire e mininum of nirety (90) deys t( rticcate ite c'ocumcot cc11cetier.. The firel ckcisicn shell t't sutjtet 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 termination.

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6. . .DisputeA$vhwProcedure,

a. TheC' oope stor may request a review of a notice of.temination or e other adverse decision. The request should be in writing and

adoressed to.the Grant Mficer. It must beipostmarked no later than thitty (30) days afterethe postmarked date of the notice of 1.2rn jeiation. )

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. {~

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The request Grant forOfficer reviewwill andprom sha7[otly acknowledge forward'it receipt of to the Director, the of Office i Administration, who shall tppoint a review committee consisting of a {

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d. If til request for review has not been resolved by the effective date '

of the termination set by 9e Grant Officer, the NRC may withhold or defer payments under the cooperative agreement until the review has been resolved.

e. The termination review ccmmittee' will recuest the Grant Officer D

who issued the noth:e of temination to provide copies of all relevant backgrounf materials and documents. It may, at its discretion, invite representatives of the Cooperator and the NRC program office to discus's pertinerit issues and to submit such addittent,1 infomation as it deems' appropriate. The cheiman of the .

review (9mittee will insure that all review activities or proceedings are adequately documented,

f. Based on its review, the committee will prepare its reconrnendations to the Director, Office of Administration, who will advise the parties concerned of his/her, decision. If the decision is to sustein the termination,' the Director, Offii;e of Administration, may reaffire the effective date for termination set by the Grant Officer or may ,'

estab1hh a new temination Ate.

7. Allowable Costs , ,

e. The allocability of coKt and cost allocatt6n methods for work performed under this cooperative agreement, up to the amount specified in the cooperative agreement instrunent, shall be detemined in accordance with the appitcable Federal Cost Principles in effect on the effective date of the cooperative agreement and the terms of the cooperative agreemer.t.

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

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6-(1) Circular A-87 (2) Circular A-122 (5) Circular A-21

8. Retention and Custodial Requirements for Records Cooperators shall retain and pennit 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 performance of the project shall be retained until such audits, appeals, littoation, 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 of the cooperator's fiscal year in which the cooperative agreement instrument requirement for reportino income expires.

(3) The NRC and the Comptroller General of the United States, or ar.y 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 l

$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 autherized representatives, shall have access to pertinent records for similar purposes.

(4) In order to avoid duplic?te 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-tern retention value. When the records

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7 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 l negotiate a mutually agreeable arrangement with the Cooperator regarding reimbursement of costs.

9. PaymentandFinancialReportjneRequirements Payments by NRC will be made by the method indicated en the. face page.

Cooperator requests for payment, NRC payments', and Cooperator. financial

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

a. 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 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 ar.d where the Federal grantor agency and the Treasury Dcpartment find a strong basis for waiving the generel rulc.

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 financial management system meets the standards for fund control and accountability 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; and 1

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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 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 twelve (12) months, or the cooperative agreement (s) from a 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);

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 disbursement by the grantee;  !

3 o the Cooperator agrees to impose the ser.e stendards for amount and timing of withdrawals on any subcooperater 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 rethtd c.f I 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

9 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

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 specify which requirements of this cooperative acreenent must be flowed-down to satisfy the purposes of OMB Circulars A-102, Attachment 0 and/or A-110, Attachment 0, as applicable.

d. Cooptrator reovests for approvals shall include en explanation of the need for the contracting, a proposed perforn.ance statetent, 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 Flans Cooperative agreement budget activity under this cooperative agreement is subject to the requirements of OMB Circulars A-102, Attachment K and/or i A-110, Attachment J, as applicable.

13. procram Income Program income is subject to the policy prescribed by OME Circulars A-102, Attachment I and/or A-110, Attachment D, as applicable.

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14. Statutory Requirements

4. Civil Rights This cooperative agreement is subject to Title VI of the Civil Rights Act of 1964 (P.L.88-352); Title !Y, Sex Discrimination, of the Energy Reorganization Act of 1974, and Executive Order 11246, as amended, Parts II,111, and !Y (for cooperative agreements over

$10,000 within a twelve month period).

The Cooperator agrees that no person in the United States shall, on the oround nf 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 l the cooperator receives financial support from MRC. I

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." l Further, this cooperative agreement is subject to the provisions of the Age Discrimination Act of 1975 (42 U.S.C. 6101). The Cooperator therefora agress that no age discrimination will occur under this Federally assisted program.

15. Liability and tossy .

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

16. Site Visits lhe NRC, through authorized representatives, has the right, at ell 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 mede by the NRC on the premises of the Cooperator or a contractor under a cooperative aoreement, the Cooperator shall provide and shall reacire his contractors to provide all reasonable facilities and assistance for the safety and convenience of th' Government representatives in the perfomance of their duties. All site visits and evaluations shall be perfomeo 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 i to equipment purchased or fabricated with NRC cooperative agreement funds '

by a college or university, other nonprofit organization, or a unit of State er local ^ Government shall vest in the Cooperator institution, with the understanding tnat such equipment (or a suitable replacement obtained as a trade in) trill remain in use for the specific project for which it was obtained. .

18. Organizational prior Approval System

a. In order to carry cut its responsibilities for monitoring project perfortnance and for adhering to cooperative agreennt 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 perforinance 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.

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b. The organization shall designate an appropriate official or officials ;

to review and approve the types of actions described in a., above.  !

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 Mar.agement 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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