ML20237B464

Cooperative Agreement: Maint & Operation of Lpdr, Awarded to Univ of Wisconsin

ML20237B464
Person / Time
Issue date:	12/14/1987
From:	Backes C, Runion D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), UNIVERSITY OF WISCONSIN, GREEN BAY
To:
Shared Package
ML20237B458	List: ML20237B456 ML20237B464
References
CON-NRC-39-88-182 NUDOCS 8712160280
Download: ML20237B464 (18)

Text

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' '.Ui,5.'.'il0CLE[R RE' gut A16RY: COMMISSI.ON_

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. NOTICE. OF. COOPERATIVE'. AGREEMENT.

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l. COOPERATIVE: AGREEMENT NUMBER

2. tiODIFICATION NUMBER 3 ~. ' C00PERATIf87 E AGREEMb/hRIC FROM: 12/15 10:12 ARM 88-182

4. AUTHORITY Section 31a and S. TYPE OF AWARD

6. COOPERATOR TYPE 141b of Atomic Energy Act of 1954, as amended.

Cooperative Agreement 1

k.000PERATORNAMEANDADDRESS

8. PROJECT TITLE

• University of Wisconsin

" Maintenance and Operation of The ATTN:

Ms. Kathy Pletcher, Head Local Public Document Room (LPDR)"

Government Documents Section Library Learning Center

--2420 Nimlet n iyn, rreen n,y, wi nmnci n 54301 r

9. PROJECT WILL BE CONDUCTED PER

10. TECHNICAL REPORTS ARE REQUIRED COOPERATOR'S PROPOSAL (S)

PROGRESS AND FINAL DATED AND FINAL ONLY j

X IND APPENDIX A - PROJECT COOPERATIVE AGREEMENT OTHER PROVISIONS

11. PRINCIPAL INVESTIGATOR (S) NAME AND

12. NRC PROGRAM 0FFICE (NAME AND ADDRESS)

ADDRESS U.S. Nuclear Regulatory Commission LPDR Branch-ATTN: Jona L. Souder, Chie Marge Sheehan Division of Rules & Records Office of Adm.(800) A3P. EOSI Wash., DC 20555 Telephono t!c.

13. ACCOUNTING AND APPROPRIATION DATA

14. METHOD OF PAYMENT ADVANCE BY TREASURY CHECK B&R No.:

46-20-25-302 X

REIMBURSEMENT BY TREASURY FIN:

CHECK LETTER OF CREDIT APPN:

31X0200.408 OTHER (SPECIFY)

15. FUNDING SOURCES SOURCE AMOUNT NRC:

THIS COOPERATIVE 2,558.00 ($627.00 equal quarterly amounts + $50.00 for AGREEMENT misc. office supplies.

PREVIOUSLY OBLIGATED

$21 g lBM2M l

C00PERATOR SHARE:

NRC-39 $2, PDR THIS COOPERATIVE AGREEMENT PRIOR COOPERATIVE AGREEMENT TOTAL FUNDING 2,558.00

16. AMOUNT OBLIGATED BY THIS COOPERATIVE

$ 2,558.00 AGREEMEf:T ACTION:

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17. !iRC '1550!NG Of E')CE (IUJii"AND ADDNE55)'

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i U.S. Nuclear Regulatory Connission

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Division of Contracts / Office of Administration 1

Washington, DC 20555

18. C00PE TOR

19.,in GRANT Of f flER

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Date)

(Signature)

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HAME (TYPED) p_y_til J. Backes NAllE (TYPED) Debbie Runion TITLE Assistant Chancellor, Fiscal & Adm. Sycs.

TITLE Procurement Assistar.t a

TELEPHONE NO.

(414) 465-2210 TELEPHONE NO.

I301) 592-7610

20. COOPERATIVE AGREEMENT PAYMENT INFORMATION

. Payment will be made within thirty (30) days after recei,nt 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 reautrements or other conditions specified in OMB Circular A-102/A-110, whichever is applicable.

g Payment will be made by:

U. S. Nuclear Regulatory Commission On, ice of Resource Management Division of Accounting and Finance, I

ATTN; GOV /COM ACCOUNTS Washington, DC 20555 Vouchers should be submitted in an original and one (1) copy to the above address, i

on Form #270 " Request for Advance or Reimbursement" (copy attached).

21. Attached is a copy of the "NRC Project Cooperative Agreement Provisions for Institutions of '

Higher Education and Other flonprofit Organizations and State / Local Governments." Acceptance o1 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 Progran.

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STATEMENT OF WORK 9

COOPERATIVE AGREEMENT (LPDR) 1.

BACKGROUND l

The Local Public Document Room Branch within the Division of Rules and Records, Office _of Administration U. S. Nuclear Regulatory Comission (NRC), is responsible for the overall establishment and maintenance of local public document rooms (LPDRs). The LPDR Branch reconenends, 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 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 governments, the " Cooperator") gher education and nonprofit organizations (hereinaf t institutions of hi 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 o' document maintenance and information services is provided for LPDR patrons.

2.

PERIOD OF PERFORMANCE a.

The period of perfomance hereunder shall commence on /2f/87 and shall continue through

/2.gg &

, unless sconer 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 rissirg documents, envelopes for use in communicating with NRC, a User's Guide, filing and document retention instructions, etc. Also, the hRC, when notified by a library, will promptly replace any documents found missing from the collection. NRC will periodically visit each library to review the collection, provide guidance and instructions to the library staff, monitor contractor perfomance, and identify /rcsclvr problems or discrepancies.

Incorporate ir.to resultant Coop rative Agreerrent.

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4.

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

a.

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

Pefile documents 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.

Maintain a file of explanatory and instructional material sent to the e.

LPDR library by the NRC.

f. -

Documents in the collection are not allowed to leave the LPDR library 9

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 questions 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-furnishr.d equipment as a physically unified collection.

i.

Report promptly to the Program Officer the identification of l

docunents found or reported to be missing from the collection.

5.

USER ASSISTANCE Provides patrons with reference assistance in locating documents and a.

sufficient instructions to familiarize users with the filino system, the local public document room collection, the collection's reference l

I tools and finding aids, the indexing system used for paper copies and microfiche copies of the collection, and use of the microfiche reader printer.

I

b.

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

6.

ADMINISTRATIVE SERVICES Insure that the NRC microfiche reader printer is in good operating a.

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 l

UPDATE" ( ATTACHMENT 1). A copy of the sioned werk order should be submitted with the quarterly report and advance / reimbursement Form 1270.

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

b.

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

As the need arises, the Cooperator shall acquire necessary c.

miscellaneous office supplies (storage boxes, hole punches, etc.) for performance of the work required under this cooperative 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:

Adequate shcif or other filing space to maintsir the local public a.

document collecticn.

b.

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

Adequate reading space, lighting, heating and cooling, for users to c.

review the documents in the collection.

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8.

SUPPLY REQUIREMENTS i

Maintain adequate supply of paper for the microfiche reader printer.

a.

b.

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

9.

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

3M "800" microfiche reader printer, Model No. /8M, Serial No.

a.

30%/1. ERC Tag No. 0o9611 (1 ea.)

b.

Vertical visible upright cabinet fer cards and microfiche, 4x6 size, 7-drawers, 40" high,16" wide, 27" deep, with hiah leg base, steel, 12" high, Shaw-Walker, Model C-1419. (

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ea.)

Reader printer sit-down stand, 30" high, top 36" x 30", Bell &

c.

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 4

extra lamp for the microfiche reader printer. Thereafter, responsibility to maintain an' adequate supply of paper and electric lamps rests with the Cooperator. (Paper: 3M Dry Silver Paper, Type 795, 81/2 x 250, 4 rolls I

per carton; Lamps: 3M, Order No. 78-8012-3601-5.) NRC authorizes the Cooperator to charge fer copies made on the reader printer, to repoup 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 Cooperater may charge for copies from microfiche may not exceed 10.25 per page copy, unless it can be demonstrated to the Program Officer that operating costs require a higher per-page cost.

10. REPORTlHG REQUIREMENTS a.

Performance Reports A quarterly perfomance report, utilizing the fnmat as specified in

, shall be submitted within 20 days after each quarter's end to the addressees listed below. For administrative purposes, it l

is requested the quarterly advance / reimbursement (Form #270) be submitted simultaneously with this performance report, along with any receipts for miscellaneous supplies and signed work orders covering Incorporate into resultant Cooperative Agreement.

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' y repairs or servicing of NRC furnished microfiche reader prir.ter.

However,.for Cooperators who qualify for advance payment, the first

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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 I*.

Washington, 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 Washington, DC 20555 4

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 j

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

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

EDUCATIONAL INSTITUTIONS 1

This cooperative agreement is subject to the following provisions:

I 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 is responsible for the technical aspects of this cooperative a

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 Management 8 Bud, net Circular A-87, Cost Principles for State and Local Governments

'5 (January 28,1981).

f.-

The term " Circular A-110" refers to Office of Management & Budget Circular A-110 Unifom Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and OtherNonprofitOrganizations(July 30,1976).

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 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.

8 b.

This award constitutes acceptance by the NRC of the Cooperator's proposal and budget unless otherwise indicated on the face page, The Cooperator is obligated to conduct such project oversight as may 1

c.

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

d.

This cooperative agreement is funded on a cost reimbursement basis

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not to exceed the amount awarded as indicated on the face page and is subject to a refund of unexpended funds to NRC.

This cooperative agreement award is subject to the Unifom e.

Administrative Requirements & Cost Principles of the following applicable Office of Management and Budget (OMB) Circulars which are A hereby incorporated by reference as though fully set forth herein.

copy of these circulars are hereby attached for your reference.

A-102 (Revised)

" Uniform Reovirr.ments for Assistance to State and Local Governments" (January 1981)

A-87 "Ccst Principles for State and Local Governments" (January 28,1981) 3 A-110 "Unifom Administrative Requirements fnr Grants and Agreements with Institutions of Higher Education, Hospitals, and Other honprofit 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 j

t Institutions" (June 4, 1986)

A-122

" Cost Principles for Nonprofit Organizations" (July 8,1980) 3.

Reportino Proaram Technical Perfortnance i

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

schedules are being met, projected work units by time periods are being j

accomplished, and other performance goals are being achieved.

4 Suspension or Termination for Cause When, in the opinion of NRC, a Cooperator has failed to a.

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

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~3-cooperative agreement for cause, in accordance with OMB Circulars -

. A-102, Attachment L and/or A-110. Attacknent 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.cf a-cooperative agreement,' the Grant Officer will advise the Cooperator by letter of the nature of the problem and that failure to correct-the deficiency may result in suspension or termination of the cooperative. agreement. The Cooperator will be requested to respond in writing within 30 days _of receipt of such letter, describing the action taken or.the plan designed to correct the deficiency. Copies of such correspondence a

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

N c.

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

d.

The suspension will remain in effect for a maximum of 90 days durino 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.

l 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' 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.

I f.

If a cooperative agreement is teminated pursuant to this article, I

c financial obligations incurred by the Cooperator prior to the

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4 effective date of termination shall be allowable to the extent they would Save been allowable had the cooperative agreement not bern termirated, except that no oblication incurred durino the period in which the cooperative agreement was suspended (except those allowed pursuant to c., above) will be allowed. The settlement of temination costs will be in accordance with the applicable Federal cost principles.

9 Within ninety (90) days of the effective date of 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 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, Attachment L and/or A-110. Attachment L, as applicable.

b.

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

c.

If NRC wishes to terminate the cooperative agreement, the Grant Officer will advise the Cooperator, in writing, with copies to the PI and the cognizant NPC Program Officer,

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d.

Within ten (10) days after receipt of a request from either party for termination 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 the Cooperator of the effective date of the temination. The effective date shall reflect the fact that NRC may recuire a minimum of nirety (90) days to rclocate the document c(llection. The final decision shell bt sutject to the review procedures described in Article 6 entitled, " Dispute Review Procedure, below.

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

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 f

to the Cooperator for the Federal share of the noncancellable f

obligations, properly incurred by the Cooperator prior to temination.

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6.

Dispute Review Procedure a.

The Cooperator may request a review of a notice of 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 Officer, the NRC rey withhold or defer payments under the cooperative agreement until the review has been resolved.

e.

The termination review committee will request the Grant Officer who issued the notice of termination to provide copies of all 4

relevant background raterials and documents. It may, at its discretion, invite representatives of the Cooperator and the NRC program office to discus's pertinent issues and to submit such edd*tional information as it deems appropriate. The chairman of the A,iew committee will insure that all review activities or p.aceedings 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 sustein the termination, the Director, Office of Administration, may reaffire the effective date for termination set by the Grant Officer or may establish a new termination date.

7.

Allowable Costs a.

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

b.

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

2 (1) Circular A-87.

(2) Circular A-122 (3) Circular A-21 8.

Retention and Custodial Requirements for Records Cooperators sh'all 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 performance of the project shall be retained until such audits, appeals, d,

litigation, or claims have been disposed of, but in any event not less than three (3) years after final report submission.

(2) Records relating to projects subject to special project income provisions shall be retained b:.i:1 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 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 representative.s. shall have access to pertinent records for similar purposes.

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

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are transferred to or maintained by NRC, the three (3) year retention requirement is not applicable te the Cooperator. In the event that these provisions are exercited, 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-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

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twelve (12) months; a

the cooperative agreement (or cooperative agreements) from o

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 Dcparte.ent 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 rneets 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

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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 unob11 gated balance of thc 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 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.

Direct Treasury Check (Reimbursement Basis)

Reimbursement by Treasury check is the preferred rethW cf paying a Cooperator organization whenever either:

i o

it has not established (or demonstrated its willingness to i

establish) procedures that will minimize the time elapsing between the receipt of Federal funds and their disbursement l

by the Cooperator; or 1

its financial management system does not meet the standards o

for fund control and accountability prescribed in

).

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

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/

1

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______ _ _ - _ _ _ _ _ _ _ _ - _ - _ _ _ = - _ - _.

-9 Local Governments, or Attachment F to Circular A-110 for institutions of higher education, hospitals, and other nonprofit organizations.

t

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 agreenent must be d

flowed-down to satisfy the purposes of OMB Circulars A-102, Attachnent 0 and/or A-110. Attachment 0, as applicable.

d.

Cooptrator requests for spprovals 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, Attachnent K and/or A-110, Attachment J as applicable.

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

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14. Statutory Requirements a.

Civil Rights 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 Reorganfration Act of 1974, and Executive Order 11246, as amended, Parts II III, and IV (for cooperative agreements over

$10,000 within a twelve month period).

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

b.

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

. in, be denied the benefits of, or be subjected to discrimination under any program or activity Federal financial assistance."

w Further, this cooperative agreement is subject to the provisions of the Age Discrimination Act of 1975 (42 U.S.C. 6101). The Cooperator

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therefore agrees that no age discrimination will occur under this Federally assisted program.

15. Liability and Losses _

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

16. Site Visits The NRC, through authorized representatives, has the right, at all reasonable times, to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by the NRC on the premises of the Cooperator or a contractor under a cooperative ~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 performance of their duties. All site visits and evaluations shall be perforTned 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 a.

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

b.

The organization shall designate an appropriate officiel or officials a

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. Star.dards 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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