(c) the cost of meals for employees or officials of the Grantee, except when in travel status; (d) costs incurred before or after the Grant Period; or (e) costs not allowable under the applicable provisions of subpart 1-15.3 of the Federal Procurement Regulations (41 CFR 1-15.3). 10. ACCOUNTING FOR PROPERTY Upon completion of the project, the Grantee will make a report to OMPER itemizing all nonconsumable property purchased with Grant funds. OMPER at that time will determine the disposition to be made of such property, except that title to property acquired with Grant funds which costs $250 per item or less shall vest in the Grantee. 11. REVOCATION The Director of OMPER may revoke this grant in whole or in part for cause. Cause shall include the following: (1) improper use of Grant funds, (2) failure by the Grantee to comply with either these conditions or the terms of the project proposal, (3) submittal by the Grantee to OMPER of reports which are incorrect or incomplete in any material respect, or (4) inability or unwillingness of the Principal Investigator to continue work on the project. The Director of OMPER may also revoke this Grant if the Grantee should find itself unable or unwilling to accept upon notification by the Government any additional conditions that may be provided by law or by Executive Order. In the event of revocation of this Grant, the Grantee shall cancel its outstanding commitments hereunder covering the procurement of materials, supplies, equipment, and miscellaneous items, and shall submit a report covering the activities, findings, and, if any, the conclusions and recommendations resulting from the project work to the date of revocation. In addition, the Grantee shall exercise all reasonable diligence to accomplish the cancellation or diversion of its outstanding commitments covering personal services and extending beyond the date of such revocation. Finally, the Grantee shall refund to OMPER any unexpended Grant funds, except that revocation shall not affect any amount obligated by the Grantee prior to receiving notice of the revocation. 12. INTEREST EARNED ON FEDERAL FUNDS All interest earned on Federal Grant funds shall be reported on the financial report for the Grant Period and shall be returned by check payable to the U.S. Treasury. 13. REPORTS Prior to the end of the Grant Period, Grantee shall submit five copies of a final research report covering the activities, research findings, implications, conclusions, and recommendations resulting from the project work. Said final report shall contain, either in the preface or on the title page, the following acknowledgement: "The material in this project was prepared under a Grant from the Office of Manpower Policy, Evaluation, and Research, U.S. Department of Labor, under the authority of Title I of the Manpower Development and Training Act of 1962. Researchers undertaking such projects under Government sponsorship are encouraged to express freely their professional judgment. Therefore, points of view or opinions stated in this document do not necessarily represent the official position or policy of the Department of Labor." 14. RIGHTS TO AND DISPOSITION OF DATA The Grantee may publish results of the project without prior review by OMPER, provided that such publications acknowledge (a) that the project was supported by a Grant from the U.S. Department of Labor, Office of Manpower Policy, Evaluation, and Research pursuant to the provisions of the Manpower Development and Training Act of 1962, and (b) that reproduction by the United States Government in whole or in part is permitted for any purpose. Grantee agrees to furnish five copies of each such publication to OMPER. The Government may, to the extent that the Grantee has the power to grant such rights, duplicate, use, and disclose in any manner and for any purpose whatsoever, and have others so do, all data procured or reports delivered under this Grant. It is understood that the Grantee has no right to disclose material of a confidential nature to the Government even though such material has been collected in the performance of this Grant. If the Grant results in a book or other copyrightable material, the author is free to copyright the work, but OMPER reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, all copyrighted material and all material which can be copyrighted resulting from this Grant. It is further agreed that in any material prepared under this Grant under which a license is reserved to the Government under the preceding sentence, the following language shall be added plainly in the vicinity of the copyright: "Reproduction by the United States Government in whole or in part is permitted for any purpose." 15. RECORDS AND ACCOUNTS The Grantee shall maintain such records and accounts, including property, personnel, financial records and equal opportunity, as may be required by the Director of OMPER to assure a proper accounting for all Grant funds. Grantee shall keep records which shall reflect its actual contribution to the project, and as required by the Bureau of the Budget Circular A-74 (12/13/65), it shall not be less in proportion to the total actual charges against the Grant than the ratio indicated in the approved Budget. Grantee agrees to make available, for audit purposes, all records required under this clause to OMPER or the Comptroller General of the United States or his authorized representative, and to retain them for three years after the expiration of this Grant, unless permission to destroy them is granted by the Director of OMPER. If requested by the Government, the Grantee will furnish the Director of OMPER prior to the receipt of any Federal funds, an opinion of a Certified Public Accountant indicating that the Grantee has an accounting system which is adequate for the purposes of this Grant. 16. COVENANT AGAINST CONTINGENT FEES The Grantee warrants that no person or selling agency or other organization has been employed or retained to solicit or secure this Grant upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warrant, the Government shall have the right to revoke this Grant without liability or, in its discretion, to deduct from the award, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 17. OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this Grant, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this Grant if made with a corporation for its general benefit. 18. GRATUITIES The Government, may, by written notice to the Grantee, revoke this Grant if it is found, after notice and hearing, by the Secretary or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Grantee, or any agent or representative of the Grantee, to any officer or employee of the Government with a view toward securing this Grant: PROVIDED, that the exist ence of the facts upon which the Secretary or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court. 19. OTHER GOVERNMENT FUNDS The Grantee represents that no funds other than those awarded under this Grant have been received from the Federal Government in payment for any of the activities financed by funds awarded under this Grant. If any such funds are hereafter received, the Grantee agrees to disclose the fact and return them to the Government. 20. DISCLAIMER OF LIABILITY The project supported by this Grant is that of the Grantee and not the Federal Government which assumes no liability with respect to accidents, illnesses, or claims arising out of the Grant. Accordingly, the Grantee is advised to take such steps to insure or protect itself as it may deem desirable. 21. QUESTIONNAIRE APPROVAL. No questionnaire or survey plan shall be identified as a Government study or Government approved study unless the Grantee submits to the Director of OMPER copies of said questionnaires and survey plans for clearance in advance of use in accordance with the Federal Reports Act of 1942. 22. EQUAL OPPORTUNITY During its conduct of this project, the Grantee agrees as follows: (1) The Grantee will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by OMPER setting forth the provisions of this nondiscrimination clause. (2) The Grantee will, in all solicitations or advertisements for employees placed by or in behalf of the Grantee, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The Grantee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice, to be provided by OMPER, advising the labor union or workers' representative of the Grantee's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Grantee will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, U.S. Department of Labor (hereinafter called "Secretary"). (5) The Grantee will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary, or pursuant thereto, and will permit access to his books, records, and accounts by OMPER and the Secretary for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 23. GOVERNMENT PROPERTY Title to all property furnished by the Government shall remain in the Government. Title to all property purchased with Grant funds shall pass to and vest in the Government upon delivery of such property by the vendor. Title to Government property shall not be affected by the incorporation or attachment thereof to any property not owned by the Government, nor shall such Government property or any part thereof, be or become a fixture or lose its identity as personalty by reason of affixation to any realty. 24. PRINCIPAL INVESTIGATOR The availability of the services of the person named in the Notice of Grant as "principal investigator" is one of the conditions of the Grant. Grantee agrees to inform the Government immediately whenever it appears to be impossible for him to continue to work on the project as planned. Under such circumstances the Grant may be revoked unless a substitute, to be approved by OMPER, is found. |