$9-4.5902 Application. (a) This policy applies to research contracts and agreements with educational institutions, other not-for-profit or nonprofit organizations and commercial or industrial organizations, or other organizations except other Federal agencies. This policy ordinarily will not be applied in the following cases: (1) Contracts for the operation of Government-owned or leased, contractor-operated facilities; (2) Continuing cost reimbursement contracts for missionoriented, large-scale research programs performed in research centers using equipment of facilities which are usually either partially or wholly Government owned. (b) This policy need not be applied where deemed inappropriate by the cognizant senior program official or head of the procuring activity (whoever selects the contractor) or their designee for any of the following reasons: (1) It is a development effort the principal purpose of which is the production of, or the design, testing or improvement of, products, materials, devices, systems, or methods such as projects connected with the LMFBR program, the Naval Reactors program or the ROVER program; (2) The research effort has only minor relevance to the performing organization's non-Federal activities; (3) The performing organization has little or no non-Federal sources of funds from which to make a cost contribution; (4) The performing organization is predominantly engaged in research and development and has little or no production or other service activities to which knowledge obtained from the research effort may be gainfully applied; (5) The research objective or scope of the effort is specified by the ERDA rather than proposed by the performing organization (e.g., a contract resulting from a request for proposal); (6) It is concluded that payment of the full cost of the research effort is necessary in order to obtain the services of a particular organization. $9-4.5903 Amount of cost sharing. The extent and type of cost sharing will be established by mutual agreement of the parties with consideration given to the research effort and the organization performing it. When an amount is determined for a contract or agreement, the organization's participation over the total term of the project may be considered so that a relatively high contribution in one year may be offset by a relatively low contribution in another. Cost participation may be accomplished by a contribution to any of the cost elements under a research contract or agreement, either direct or indirect costs, provided that such costs would otherwise be allowable and are not charged to the Federal Government under any other contract, agreement, or grant. (a) Cost participation by educational institutions and other not-for-profit or nonprofit organizations should normally be more than on a token basis; however, cost sharing of less than 5 percent of total project cost may be appropriate in view of these organizations' non-profit status and their normally limited ability to recover the cost of such participation from non-Federal sources. Educational institutions will normally be expected to provide a higher degree of cost sharing when, for example: (1) The cost of the research consists primarily of the academic year salary of faculty members; (2) Equipment acquired by the institution for the project will be of significant value to the institution in its educational activities; or (3) The institution has demonstrated a substantial interest in a particular area of research as evidenced by the establishment of a higher degree of cost sharing under prior contracts or agreements. (b) Commercial or industrial organizations might contribute amounts ranging up to 50 percent or more of the total project cost. The amount of their cost sharing participation should depend principally on whether, and to what degree, the results of the research are likely to enhance their capability, expertise, or competitive posture. However, these potential benefits would be lessened if the performing organization lacks production or other service activities to which the research results might be commercially applied, as is likely to be the case with a predominantly research and development organization. (c) The level at which a performing organization cost shares may depend to some degree upon the extent to which the organization will receive or be expected to receive rights in and to any inventions, patents, or technical information that may result from the research effort and the degree to which the organization is likely to benefit thereby. (d) A relatively low degree of cost sharing may be appropriate if a particular area of research requires special stimulus in the national interest. (e) A fee, profit, or an amount otherwise accepted as allowable for independent research, if any, will usually not be paid if the performing organization is to contribute to the cost of the research effort, but the amount of cost sharing may be reduced if the performing organization is foregoing its normal fee or profit or an otherwise acceptable amount for independent research. Alternatively, the contribution may take the form of reduced fee or profit or a reduced amount otherwise accepted as allowable for independent research, particularly if the research contracted for is expected to be of relatively minor value to the performing organization. $9-4.5904 Records. Recipients of contracts or agreements which provide for cost sharing shall be required to maintain records adequate to reflect the nature and extent of their cost contribution as well as those costs charged to the ERDA. Such records shall be subject to audit by the ERDA. PART 9-5 SPECIAL AND DIRECTED SOURCES OF SUPPLY Sec. 9-5.000 9-5.900 9-5.901 9-5.902 Scope Subpart 9-5.9 Use of GSA Supply Sources by Contractors Scope of subpart. Policy. Use of GSA supply sources by ERDA cost-type contractors. Subpart 9-5.10 Use of Excess Materials from GSA Inventories 9-5.001 9-5.5100 Use of excess materials from General Services Administration inventories. Subpart 9-5.51 Use of Government Sources of Supply Scope of subpart. Use of GSA supply sources for ERDA direct procurements. Department of Defense. Source. Requisitions. 9-5.5101 9-5.5102 9-5.5103 9-5.5104 9-5.5105 9-5.5105-1 9-5.5105-2 9-5.5106 9-5.5106-1 9-5.5106-2 Scope. 9-5.5106-3 9-5.5106-4 9-5.5106-5 9-5.5200 Procurement under the Economy Act from or through Authorization and policy relating to placing and filling orders. Form of interagency agreement. Methods of financing employed by ERDA. Cost reimbursement standards. Subpart 9-5.52 Procurement of Special Items Scope of subpart. Acquisition (lease or purchase or transfer of printing, duplicating and copying equipment). Alcohol. 9-5.5203 9-5.5203-1 9-5.5203-2 9-5.5204 9-5.5204-1 Scope. 9-5.5206-5a 9-5.5206-6 9-5.5206-7 9-5.5206-8 9-5.5206-9 9-5.5206-10 Aircraft. Standard, optional and other agency forms. Security cabinets. New electric water coolers. Rental of post office boxes. Government license tags. Fuels and packaged petroleum products. 9-5.5206-11 Arms and ammunition. 9-5.5206-14 Gold. 9-5.5206-15 9-5.5206-20 Purchase of sundry items from Government printing office. |