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8600.123 Cost sharing or matching. not found in the recipient organization, (a) All cost sharing or matching con

rates shall be consistent with those tributions, including cash and third

paid for similar work in the labor marparty in-kind, shall meet all of the fol

ket in which the recipient competes for lowing criteria.

the kind of services involved. In either (1) Are verifiable from the recipient's

case, paid fringe benefits that are rearecords.

sonable, allowable, and allocable may (2) Are not included as contributions

be included in the valuation. for any other federally-assisted project

(e) When an employer other than the or program.

recipient furnishes the services of an (3) Are necessary and reasonable for

employee, these services shall be valproper and efficient accomplishment of

ued at the employee's regular rate of project or program objectives.

pay (plus an amount of fringe benefits (4) Are allowable under the applica that are reasonable, allowable, and alble cost principles.

locable, but exclusive of overhead (5) Are not paid by the Federal Gov costs), provided these services are in ernment under another award, except

the same skill for which the employee where authorized by Federal statute to is normally paid. be used for cost sharing or matching. (1) Donated supplies may include

(6) Are provided for in the approved such items as office supplies, laborabudget.

tory supplies or workshop and class(7) Conform to other provisions of room supplies. Value assessed to dothis subpart, as applicable.

nated supplies included in the cost (b) Unrecovered indirect costs may be sharing or matching share shall be reaincluded as part of cost sharing or sonable and shall not exceed the fair matching.

market value of the property at the (c) Values for recipient contributions time of the donation. of services and property shall be estab- (g) The method used for determining lished in accordance with the applica- cost sharing or matching for donated ble cost principles. If DOE authorizes equipment, buildings and land for recipients to donate buildings or land which title passes to the recipient may for construction facilities acquisition differ according to the purpose of the projects or long-term use, the value of award, if either paragraph (g)(1) or (2) the donated property for cost sharing of this section apply. or matching shall be the lesser of ei (1) If the purpose of the award is to . ther paragraph (c)(1) or (2) of this sec- assist the recipient in the acquisition tion.

of equipment, buildings or land, the (1) The certified value of the remain total value of the donated property ing life of the property recorded in the may be claimed as cost sharing or recipient's accounting records at the matching. time of donation.

(2) If the purpose of the award is to (2) The current fair market value. support activities that require the use However, when there is sufficient jus- of equipment, buildings or land, nortification, DOE may approve the use of mally only depreciation or use charges the current fair market value of the for equipment and buildings may be donated property, even if it exceeds the made. However, the full value of equip certified value at the time of donation ment or other capital assets and fair to the project.

rental charges for land may be allowed, (d) Volunteer services furnished by provided that DOE has approved the professional and technical personnel, charges. consultants, and other skilled and un- (h) The value of donated property skilled labor may be counted as cost shall be determined in accordance with sharing or matching if the service is an the usual accounting policies of the reintegral and necessary part of an ap- cipient, with the following qualificaproved project or program. Rates for tions. volunteer services shall be consistent (1) The value of donated land and with those paid for similar work in the buildings shall not exceed its fair marrecipient's organization. In those in- ket value at the time of donation to stances in which the required skills are the recipient as established by an inde

pendent appraiser (e.g., certified real nanced in whole or in part with DOE property appraiser or General Services funds. Administration representative) and (b) Except as provided in paragraph certified by a responsible official of the (h) of this section, program income recipient.

earned during the project period shall (2) The value of donated equipment be retained by the recipient and, in acshall not exceed the fair market value cordance with program regulations or of equipment of the same age and con the terms and conditions of the award, dition at the time of donation.

shall be used in one or more of the fol(3) The value of donated space shall lowing ways. not exceed the fair rental value of com (1) Added to funds committed to the parable space as established by an inde project and used to further eligible pendent appraisal of comparable space project objectives. and facilities in a privately-owned (2) Used to finance the non-DOE building in the same locality.

share of the project. (4) The value of loaned equipment (3) Deducted from the total project shall not exceed its fair rental value. allowable cost in determining the net

(1) The following requirements per allowable costs on which the share of tain to the recipient's supporting costs is based. records for in-kind contributions from (c) When DOE authorizes the disposithird parties.

tion of program income as described in (1) Volunteer services shall be docu paragraphs (b)(1) or (b)(2) of this secmented and, to the extent feasible, sup tion, program income in excess of any ported by the same methods used by limits stipulated shall be used in acthe recipient for its own employees. cordance with paragraph (b)(3) of this

(2) The basis for determining the section. valuation for personal service, mate (d) In the event that the program rial, equipment, buildings and land regulations or the terms and condishall be documented.

tions of the award do not specify how (j) DOE shall specify in the solicita program income is to be used, paration or in the program rule, if any, any graph (b)(3) of this section shall apply cost sharing requirement. The award automatically to all projects or prodocument shall be specific as to wheth grams except research. For awards that er the cost sharing is based on a mini support research, paragraph (b)(1) of mum amount for the recipient or on a this section shall apply automatically percentage of total costs.

unless the award indicates another al(k) If DOE requires that a recipient ternative in the terms and conditions, provide cost sharing which is not re- the recipient is subject to special quired by statute or which exceeds a award conditions, as indicated in statutory minimum, DOE shall state in 8600.114, or the recipient is a commerthe program rule or solicitation the cial organization. reasons for requiring such cost sharing, (e) Unless program regulations or the recommended or required levels of cost terms and conditions of the award prosharing, and the circumstances under vide otherwise, recipients shall have no which the requirement for cost sharing obligation to the Federal Government may be waived or adjusted during any regarding program income earned after negotiation.

the end of the project period. (1) Whenever DOE negotiates the (f) Unless program regulations or the amount of cost sharing, DOE may take terms and conditions of the award prointo account such factors as the use of vide otherwise, costs incident to the program income (see $600.124), patent generation of program income may be rights, and rights in data. Foregone fee deducted from gross income to deteror profit shall not be considered in es- mine program income, provided these tablishing the extent of cost sharing. costs have not been charged to the 8 600.124 Program income.


(g) Proceeds from the sale of property (a) The standards set forth in this shall be handled in accordance with the section shall be used to account for requirements of the Property Standprogram income related to projects fi- ards (See $$ 600.130 through 600.137).

(h) Unless program regulations or the for Non-Profit Organizations," or 45 terms and condition of the award pro- CFR part 74 Appendix E, “Principles vide otherwise, recipients shall have no for Determining Costs Applicable to obligation to the Federal Government Research and Development under with respect to program income earned Grants and Contracts with Hospitals," from license fees and royalties for or 48 CFR part 31, “Contract Cost Princopyrighted material, patents, patent ciples and Procedures," as applicable. applications, trademarks, and inven (7) The transfer of funds allotted for tions produced under an award. How- training allowances (direct payment to ever, Patent and Trademark Amend- trainees) to other categories of exments (35 U.S.C. Chapter 18) apply to pense. inventions made under an experi (8) Unless described in the applicamental, developmental, or research tion and funded in the approved award.

awards, the subaward, transfer or con

tracting out of any work under an $600.125 Revision of budget and pro award. This provision does not apply to gram plans.

the purchase of supplies, material, (a) The budget plan is the financial equipment or general support services. expression of the project or program as (d) No other prior approval requireapproved during the award process. It ments for specific items may be imincludes the sum of the Federal and posed unless a deviation has been ap non-Federal share when there are cost proved in accordance with 8600.4. sharing requirements. It shall be relate (e) Except for requirements listed in ed to performance for program evalua- paragraphs (c)(1) and (c)(4) of this section purposes whenever appropriate. tion, program regulations may waive

(b) Recipients are required to report cost-related and administrative prior deviations from budget and program written approvals required by this subplans, and request prior approvals for part and its Appendices. Such waivers budget and program plan revisions, in may include authorizing recipients to accordance with this section.

do any one or more of the following. (c) For nonconstruction awards, re- (1) Incur pre-award costs 90 calendar cipients shall request prior approvals days prior to award without prior apfrom the DOE for one or more of the proval or more than 90 calendar days following program or budget related with the prior approval of DOE. All reasons.

pre-award costs are incurred at the re(1) Change in the scope or the objec cipient's risk (i.e., DOE is under no obtive of the project or program (even if ligation to reimburse such costs if for there is no associated budget revision any reason the recipient does not rerequiring prior written approval).

ceive an award or if the award is less (2) Change in a key person specified than anticipated and inadequate to in the application or award document. cover such costs).

(3) The absence for more than three (2) Initiate a one-time extension of months, or a 25 percent reduction in the expiration date of the final budget time devoted to the project, by the ap period of the project of up to 12 months proved project director or principal in unless one or more of the following vestigator.

conditions apply. (4) The need for additional Federal (1) The terms and conditions of award funding.

prohibit the extension. (5) If required by program regula (ii) The extension requires additional tions, the transfer of amounts budgeted Federal funds. for indirect costs to absorb increases in (iii) The extension involves any direct costs, or vice versa.

change in the approved objectives or (6) The inclusion, unless waived by scope of the project. program regulations or the terms and (iv) The extension is being exercised conditions of award, of costs that re- merely for the purpose of using unobliquire prior approval in accordance with gated balances. For one-time extenOMB Circular A-21, “Cost Principles sions, the recipient must notify the for Institutions of Higher Education," DOE in writing with the supporting OMB Circular A-122, “Cost Principles reasons and revised expiration date at least 10 days before the expiration date imposed consistent with applicable specified in the award.

OMB cost principles listed in 8600.127. (3) Carry forward unobligated bal- (i) Except in accordance with the deances to subsequent funding periods. viation procedures in 600.4 or as may be

(4) For awards that support research provided for in program regulations, no unless the terms and conditions of other prior approval requirements for award provide otherwise, the prior ap

specific items will be imposed by DOE. proval requirements described in para (j) When DOE makes an award that graph (e) of this section are automatic provides support for both construction cally waived (i.e., recipients need not

and nonconstruction work, DOE may obtain such prior approvals) unless one

require the recipient to request prior of the conditions included in

approval from DOE before making any 8600.125(e)(2) applies.

fund or budget transfers between the (5) For continuation awards within a

two types of work supported. multiple year project in support of re

(k) For both construction and nonsearch, prior to receipt of continuation

construction awards, recipients shall funding, preaward expenditures by re

notify DOE in writing promptly whencipients are not subject to the limita

ever the amount of Federal authorized tion or approval requirements of

funds is expected to exceed the needs of 8 600.125(e)(1). Nevertheless, incurrence

the recipient for the project period by by the recipient does not impose any

more than $5000 or five percent of the obligation on DOE if a continuation

Federal award, whichever is greater. award is not subsequently made, or if

This notification shall not be required an award is made for a lesser amount

if an application for additional funding than the recipient expected.

is submitted for a continuation award. (1) Program regulations may restrict

(1) Requests for budget revisions may the transfer of funds among direct cost

be made by letter. categories or programs, functions and

(m) Within 30 calendar days from the activities for awards in which DOE'S

date of receipt of the request for budgshare of the project exceeds $100,000

et revisions, DOE shall review the reand the cumulative amount of such

quest and notify the recipient whether transfers exceeds or is expected to ex

the budget revisions have been ap ceed 10 percent of the total budget as

proved. If the revision is still under last approved by DOE. However, no

consideration at the end of 30 calendar program

days, DOE shall inform the recipient in regulation shall permit a transfer that would cause any Federal

writing of the date when the recipient

may expect the decision. appropriation or part thereof to be used for purposes other than those con

(n) DOE approval or disapproval of a sistent with the original intent of the

request for a budget or project revision

shall be in writing and signed by a DOE appropriation.

Contracting Officer. (g) All other changes to nonconstruc

(O) A request by a subrecipient for tion budgets, except for the changes de

prior approval shall be addressed in scribed in paragraph (j) of this section,

writing to the recipient. The recipient do not require prior approval.

shall promptly review such request and (h) For construction awards, recipi

shall approve or disapprove the request ents shall request prior written ap in writing within 30 days from the date proval promptly from the Contracting

of the recipient's request for the reviOfficer for budget revisions whenever

sion. A recipient shall not approve any paragraph (h) (1), (2) or (3) of this sec

budget or project revision which is intion apply.

consistent with the purpose or terms (1) The revision results from changes and conditions of the DOE award. If the in the scope or the objective of the revision requested by the subrecipient project or program.

would result in a change to the recipi(2) The need arises for additional ent's approved budget or approved Federal funds to complete the project. project which requires DOE prior ap

(3) A revision is desired which in- proval, the recipient shall obtain DOE volves specific costs for which prior approval before approving such reviwritten approval requirements may be sion.

$ 600.126 Non-Federal audits.

visions of OMB Circular A-122, “Cost (a) Recipients and subrecipients that

Principles for Non-Profit Organizaare institutions of higher education or

tions." The allowability of costs inother non-profit organizations shall be

curred by institutions of higher edusubject to the audit requirements con

cation is determined in accordance tained in OMB Circular A-133, “Audits

with the provisions of OMB Circular Aof Institutions of Higher Education and

21, “Cost Principles for Educational InOther Non-Profit Institutions.”

stitutions." The allowability of costs (b) State and local governments shall

incurred by hospitals is determined in be subject to the audit requirements

accordance with the provisions of Apcontained in the Single Audit Act (31

pendix E of 45 CFR part 74, “Principles U.S.C. 7501-7) and Federal awarding

for Determining Costs Applicable to agency regulations implementing OMB

Research and Development Under Circular A-128, “Audits of State and

Grants and Contracts with Hospitals." Local Governments."

The allowability of costs incurred by (c) The Contracting Officer may commercial organizations and those audit, or cause to be audited, awards to

non-profit organizations listed in Athospitals not covered by the audit pro

tachment C to Circular A-122 is detervisions of OMB Circular A-133 when mined in accordance with the proviever and in the degree of detail he/she sions of the Federal Acquisition Regudeems necessary. The Contracting Offi- lation (FAR) at 48 CFR part 31. cer shall rely on available audit reports (b) Indirect costs. Unless restricted by in determining the need for and scope Federal statute or program rule, D of such audits. The hospital has similar shall provide for the reimbursement of authority in auditing subrecipients. appropriate indirect costs.

(d) The Contracting Officer may (1) DOE shall include an amount for audit, or cause to be audited, awards to indirect costs in an award only if the commercial organizations whenever applicant requests reimbursement of and in the degree of detail he/she deems such costs and necessary. The Contracting Officer (i) Submits evidence that a cognizant shall rely on available audit reports in Federal agency has been assigned to esdetermining the need for and scope of tablish indirect cost rates for the applisuch audits. The commercial organiza- cant and indicates or provides evidence tion has similar authority in auditing that subrecipients.

(A) A current agreement containing (e) The Contracting Officer may an applicable approved indirect cost audit, or cause to be audited, awards to rate(s) covering all or part of the budgindividuals whenever and in the degree et period for which DOE may provide of detail he/she deems necessary. The funding has been established; or Contracting Officer shall rely on avail (B) An indirect cost proposal has able audit reports in determining the been submitted to the cognizant agenneed for and scope of such audits.

cy in order to establish an applicable

approved indirect cost rate(s) covering 8600.127 Allowable costs.

all or part of the budget period for (a) General. For each kind of recipi- which DOE may provide funding; or ent, there is a set of Federal principles (C) An indirect cost proposal coverfor determining allowable costs. Allow- ing all or part of the budget period and ability of costs shall be determined in applicable to the activities for which accordance with the cost principles ap- DOE may provide funding will be subplicable to the entity incurring the mitted to the cognizant agency for apcosts. Thus, allowability of costs in- proval no later than three months after curred by State, local or federally-rec- the beginning date of the initial budget ognized Indian tribal governments is period of the DOE award or, for subsedetermined in accordance with the pro- quent budget periods, in accordance visions of OMB Circular A-87, “Cost with any schedule established by the Principles for State and Local Govern- cognizant agency; or ments." The allowability of costs in- (ii) If not assigned to a cognizant curred by non-profit organizations is agency, the applicant includes, in the determined in accordance with the pro- application, data that is current, com

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