CIRCULAR NO. A-122
Revised May 10, 2004
TO THE HEADS
OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT: Cost Principles for Non-Profit Organizations
This Circular establishes principles for determining costs of grants,
contracts and other agreements with non-profit organizations. It does
not apply to colleges and universities which are covered by Office of
Management and Budget (OMB) Circular A-21, "Cost Principles for Educational
Institutions"; State, local, and federally recognized Indian tribal
governments which are covered by OMB Circular A-87, "Cost Principles
for State, Local, and Indian Tribal Governments"; or hospitals. The
principles are designed to provide that the Federal Government bear its
fair share of costs except where restricted or prohibited by law. The
principles do not attempt to prescribe the extent of cost sharing or matching
on grants, contracts, or other agreements. However, such cost sharing
or matching shall not be accomplished through arbitrary limitations on
individual cost elements by Federal agencies. Provision for profit or
other increment above cost is outside the scope of this Circular.
This Circular supersedes cost principles issued by individual agencies
for non-profit organizations.
- These principles
shall be used by all Federal agencies in determining the costs of work
performed by non-profit organizations under grants, cooperative agreements,
cost reimbursement contracts, and other contracts in which costs are used
in pricing, administration, or settlement. All of these instruments are
hereafter referred to as awards. The principles do not apply to awards under
which an organization is not required to account to the Federal Government
for actual costs incurred.
reimbursement subawards (subgrants, subcontracts, etc.) are subject to
those Federal cost principles applicable to the particular organization
concerned. Thus, if a subaward is to a non-profit organization, this
Circular shall apply; if a subaward is to a commercial organization,
the cost principles applicable to commercial concerns shall apply; if
a subaward is to a college or university, Circular A-21 shall apply;
if a subaward is to a State, local, or federally recognized Indian tribal
government, Circular A-87 shall apply.
organization means any corporation, trust, association, cooperative, or
other organization which:
(1) is operated primarily for scientific, educational, service, charitable,
or similar purposes in the public interest;
(2) is not
organized primarily for profit; and
its net proceeds to maintain, improve, and/or expand its operations.
For this purpose, the term "non-profit organization" excludes
(i) colleges and universities; (ii) hospitals; (iii) State, local, and
federally recognized Indian tribal governments; and (iv) those
non-profit organizations which are excluded from coverage of this Circular
in accordance with paragraph 5.
- Prior approval
means securing the awarding agency's permission in advance to incur cost
for those items that are designated as requiring prior approval by the
Circular. Generally this permission will be in writing. Where an item
of cost requiring prior approval is specified in the budget of an award,
approval of the budget constitutes approval of that cost.
Exclusion of some non-profit organizations. Some non-profit organizations,
because of their size and nature of operations, can be considered to be
similar to commercial concerns for purpose of applicability of cost principles.
Such non-profit organizations shall operate under Federal cost principles
applicable to commercial concerns. A listing of these organizations is
contained in Attachment C. Other organizations may be added from time
Agencies responsible for administering programs that involve awards to
non-profit organizations shall implement the provisions of this Circular.
Upon request, implementing instruction shall be furnished to OMB. Agencies
shall designate a liaison official to serve as the agency representative
on matters relating to the implementation of this Circular. The name and
title of such representative shall be furnished to OMB within 30 days
of the date of this Circular.
The principles and related policy guides are set forth in the following
A - General Principles
B - Selected Items of Cost
C - Non-Profit Organizations Not Subject To This Circular
for exceptions. OMB may grant exceptions to the requirements of this
Circular when permissible under existing law. However, in the interest
of achieving maximum uniformity, exceptions will be permitted only in
highly unusual circumstances.
Date. The provisions of this Circular are effective immediately.
Implementation shall be phased in by incorporating the provisions into
new awards made after the start of the organization's next fiscal year.
For existing awards, the new principles may be applied if an organization
and the cognizant Federal agency agree. Earlier implementation, or a delay
in implementation of individual provisions, is also permitted by mutual
agreement between an organization and the cognizant Federal agency.
Further information concerning this Circular may be obtained by contacting
the Office of Federal Financial Management, OMB, Washington, DC 20503,
telephone (202) 395-3993.
Circular No. A-122
of total costs
affecting allowability of costs
of Indirect Costs and Determination of Indirect Cost Rates
allocation base method
indirect cost rates
E. Negotiation and Approval of Indirect Cost Rates
and approval of rates
Circular No. A-122
of total costs. The total cost of an award is the sum of the allowable
direct and allocable indirect costs less any applicable credits.
affecting allowability of costs. To be allowable under an award, costs
must meet the following general criteria:
- Be reasonable
for the performance of the award and be allocable thereto under these
to any limitations or exclusions set forth in these principles or in
the award as to types or amount of cost items.
- Be consistent
with policies and procedures that apply uniformly to both federally
financed and other activities of the organization.
- Be accorded
- Be determined
in accordance with generally accepted accounting principles (GAAP).
- Not be
included as a cost or used to meet cost sharing or matching requirements
of any other federally financed program in either the current or a prior
- Be adequately
3. Reasonable costs. A cost is reasonable if, in its nature or amount,
it does not exceed that which would be incurred by a prudent person under
the circumstances prevailing at the time the decision was made to incur
the costs. The question of the reasonableness of specific costs must be
scrutinized with particular care in connection with organizations or separate
divisions thereof which receive the preponderance of their support from
awards made by Federal agencies. In determining the reasonableness of
a given cost, consideration shall be given to:
the cost is of a type generally recognized as ordinary and necessary
for the operation of the organization or the performance of the award.
- The restraints
or requirements imposed by such factors as generally accepted sound
business practices, arms length bargaining, Federal and State laws and
regulations, and terms and conditions of the award.
the individuals concerned acted with prudence in the circumstances,
considering their responsibilities to the organization, its members,
employees, and clients, the public at large, and the Federal Government.
deviations from the established practices of the organization which
may unjustifiably increase the award costs.
4. Allocable costs.
- A cost
is allocable to a particular cost objective, such as a grant, contract,
project, service, or other activity, in accordance with the relative
benefits received. A cost is allocable to a Federal award if it is treated
consistently with other costs incurred for the same purpose in like
circumstances and if it:
(1) Is incurred
specifically for the award.
both the award and other work and can be distributed in reasonable proportion
to the benefits received, or
(3) Is necessary
to the overall operation of the organization, although a direct relationship
to any particular cost objective cannot be shown.
- Any cost
allocable to a particular award or other cost objective under these
principles may not be shifted to other Federal awards to overcome funding
deficiencies, or to avoid restrictions imposed by law or by the terms
of the award.
5. Applicable credits.
- The term
applicable credits refers to those receipts, or reduction of expenditures
which operate to offset or reduce expense items that are allocable to
awards as direct or indirect costs. Typical examples of such transactions
are: purchase discounts, rebates or allowances, recoveries or indemnities
on losses, insurance refunds, and adjustments of overpayments or erroneous
charges. To the extent that such credits accruing or received by the
organization relate to allowable cost, they shall be credited to the
Federal Government either as a cost reduction or cash refund, as appropriate.
- In some
instances, the amounts received from the Federal Government to finance
organizational activities or service operations should be treated as
applicable credits. Specifically, the concept of netting such credit
items against related expenditures should be applied by the organization
in determining the rates or amounts to be charged to Federal awards
for services rendered whenever the facilities or other resources used
in providing such services have been financed directly, in whole or
in part, by Federal funds.
- For rules
covering program income (i.e., gross income earned from federally supported
activities) see Sec. __.24 of Office of Management and Budget (OMB)
Circular A-110, "Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals, and
Other Non-Profit Organizations."
6. Advance understandings. Under any given award, the reasonableness and
allocability of certain items of costs may be difficult to determine.
This is particularly true in connection with organizations that receive
a preponderance of their support from Federal agencies. In order to avoid
subsequent disallowance or dispute based on unreasonableness or nonallocability,
it is often desirable to seek a written agreement with the cognizant or
awarding agency in advance of the incurrence of special or unusual costs.
The absence of an advance agreement on any element of cost will not, in
itself, affect the reasonableness or allocability of that element.
- OMB authorizes
conditional exemption from OMB administrative requirements and cost
principles circulars for certain Federal programs with statutorily-authorized
consolidated planning and consolidated administrative funding, that
are identified by a Federal agency and approved by the head of the Executive
department or establishment. A Federal agency shall consult with OMB
during its consideration of whether to grant such an exemption.
- To promote
efficiency in State and local program administration, when Federal non-entitlement
programs with common purposes have specific statutorily-authorized consolidated
planning and consolidated administrative funding and where most of the
State agency's resources come from non-Federal sources, Federal agencies
may exempt these covered State-administered, non-entitlement grant programs
from certain OMB grants management requirements. The exemptions would
be from all but the allocability of costs provisions of OMB Circulars
A-87 (Attachment A, subsection C.3), "Cost Principles for State,
Local, and Indian Tribal Governments," A-21 (Section C, subpart
4), "Cost Principles for Educational Institutions," and A-122
(Attachment A, subsection A.4), "Cost Principles for Non-Profit
Organizations," and from all of the administrative requirements
provisions of OMB Circular A-110, "Uniform Administrative Requirements
for Grants and Agreements with Institutions of Higher Education, Hospitals,
and Other Non-Profit Organizations," and the agencies' grants management
a Federal agency provides this flexibility, as a prerequisite to a State's
exercising this option, a State must adopt its own written fiscal and
administrative requirements for expending and accounting for all funds,
which are consistent with the provisions of OMB Circular A-87, and extend
such policies to all subrecipients. These fiscal and administrative
requirements must be sufficiently specific to ensure that: funds are
used in compliance with all applicable Federal statutory and regulatory
provisions, costs are reasonable and necessary for operating these programs,
and funds are not be used for general expenses required to carry out
other responsibilities of a State or its subrecipients.
costs are those that can be identified specifically with a particular
final cost objective, i.e., a particular award, project, service, or other
direct activity of an organization. However, a cost may not be assigned
to an award as a direct cost if any other cost incurred for the same purpose,
in like circumstance, has been allocated to an award as an indirect cost.
Costs identified specifically with awards are direct costs of the awards
and are to be assigned directly thereto. Costs identified specifically
with other final cost objectives of the organization are direct costs
of those cost objectives and are not to be assigned to other awards directly
2. Any direct
cost of a minor amount may be treated as an indirect cost for reasons
of practicality where the accounting treatment for such cost is consistently
applied to all final cost objectives.
3. The cost
of certain activities are not allowable as charges to Federal awards (see,
for example, fundraising costs in paragraph 17 of Attachment B). However,
even though these costs are unallowable for purposes of computing charges
to Federal awards, they nonetheless must be treated as direct costs for
purposes of determining indirect cost rates and be allocated their share
of the organization's indirect costs if they represent activities which
(1) include the salaries of personnel, (2) occupy space, and (3) benefit
from the organization's indirect costs.
4. The costs
of activities performed primarily as a service to members, clients, or
the general public when significant and necessary to the organization's
mission must be treated as direct costs whether or not allowable and be
allocated an equitable share of indirect costs. Some examples of these
types of activities include:
of membership rolls, subscriptions, publications, and related functions.
services and information to members, legislative or administrative bodies,
or the public.
lobbying, and other forms of public relations.
and conferences except those held to conduct the general administration
of the organization.
protection, and investment of special funds not used in operation of
of group benefits on behalf of members or clients, including life and
hospital insurance, annuity or retirement plans, financial aid, etc.
costs are those that have been incurred for common or joint objectives
and cannot be readily identified with a particular final cost objective.
Direct cost of minor amounts may be treated as indirect costs under the
conditions described in subparagraph B.2. After direct costs have been
determined and assigned directly to awards or other work as appropriate,
indirect costs are those remaining to be allocated to benefiting cost
objectives. A cost may not be allocated to an award as an indirect cost
if any other cost incurred for the same purpose, in like circumstances,
has been assigned to an award as a direct cost.
of the diverse characteristics and accounting practices of non-profit
organizations, it is not possible to specify the types of cost which may
be classified as indirect cost in all situations. However, typical examples
of indirect cost for many non-profit organizations may include depreciation
or use allowances on buildings and equipment, the costs of operating and
maintaining facilities, and general administration and general expenses,
such as the salaries and expenses of executive officers, personnel administration,
costs shall be classified within two broad categories: "Facilities"
and "Administration." "Facilities" is defined as depreciation
and use allowances on buildings, equipment and capital improvement, interest
on debt associated with certain buildings, equipment and capital improvements,
and operations and maintenance expenses. "Administration" is
defined as general administration and general expenses such as the director's
office, accounting, personnel, library expenses and all other types of
expenditures not listed specifically under one of the subcategories of
"Facilities" (including cross allocations from other pools,
where applicable). See indirect cost rate reporting requirements in subparagraphs
D.2.e and D.3.g.
Allocation of Indirect Costs and Determination of Indirect Cost Rates
a non-profit organization has only one major function, or where all
its major functions benefit from its indirect costs to approximately
the same degree, the allocation of indirect costs and the computation
of an indirect cost rate may be accomplished through simplified allocation
procedures, as described in subparagraph 2.
an organization has several major functions which benefit from its indirect
costs in varying degrees, allocation of indirect costs may require the
accumulation of such costs into separate cost groupings which then are
allocated individually to benefiting functions by means of a base which
best measures the relative degree of benefit. The indirect costs allocated
to each function are then distributed to individual awards and other
activities included in that function by means of an indirect cost rate(s).
- The determination
of what constitutes an organization's major functions will depend on
its purpose in being; the types of services it renders to the public,
its clients, and its members; and the amount of effort it devotes to
such activities as fundraising, public information and membership activities.
methods for allocating indirect costs and computing indirect cost rates
along with the conditions under which each method should be used are
described in subparagraphs 2 through 5.
- The base
period for the allocation of indirect costs is the period in which such
costs are incurred and accumulated for allocation to work performed
in that period. The base period normally should coincide with the organization's
fiscal year but, in any event, shall be so selected as to avoid inequities
in the allocation of the costs.
2. Simplified allocation method.
an organization's major functions benefit from its indirect costs to
approximately the same degree, the allocation of indirect costs may
be accomplished by (i) separating the organization's total costs for
the base period as either direct or indirect, and (ii) dividing the
total allowable indirect costs (net of applicable credits) by an equitable
distribution base. The result of this process is an indirect cost rate
which is used to distribute indirect costs to individual awards. The
rate should be expressed as the percentage which the total amount of
allowable indirect costs bears to the base selected. This method should
also be used where an organization has only one major function encompassing
a number of individual projects or activities, and may be used where
the level of Federal awards to an organization is relatively small.
the direct costs and the indirect costs shall exclude capital expenditures
and unallowable costs. However, unallowable costs which represent activities
must be included in the direct costs under the conditions described
in subparagraph B.3.
- The distribution
base may be total direct costs (excluding capital expenditures and other
distorting items, such as major subcontracts or subgrants), direct salaries
and wages, or other base which results in an equitable distribution.
The distribution base shall generally exclude participant support costs
as defined in paragraph 32 of Attachment B.
where a special rate(s) is required in accordance with subparagraph
5, the indirect cost rate developed under the above principles is applicable
to all awards at the organization. If a special rate(s) is required,
appropriate modifications shall be made in order to develop the special
- For an
organization that receives more than $10 million in Federal funding
of direct costs in a fiscal year, a breakout of the indirect cost component
into two broad categories, Facilities and Administration as defined
in subparagraph C.3, is required. The rate in each case shall be stated
as the percentage which the amount of the particular indirect cost category
(i.e., Facilities or Administration) is of the distribution base identified
with that category.
3. Multiple allocation base method
Where an organization's indirect costs benefit its major functions in
varying degrees, indirect costs shall be accumulated into separate cost
groupings, as described in subparagraph b. Each grouping shall then
be allocated individually to benefitting functions by means of a base
which best measures the relative benefits. The default allocation bases
by cost pool are described in subparagraph c.
of indirect costs. Cost groupings shall be established so as to permit
the allocation of each grouping on the basis of benefits provided to
the major functions. Each grouping shall constitute a pool of expenses
that are of like character in terms of functions they benefit and in
terms of the allocation base which best measures the relative benefits
provided to each function. The groupings are classified within the two
broad categories: "Facilities" and "Administration,"
as described in subparagraph C.3. The indirect cost pools are defined
and use allowances. The expenses under this heading are the portion
of the costs of the organization's buildings, capital improvements to
land and buildings, and equipment which are computed in accordance with
paragraph 11 of Attachment B ("Depreciation and use allowances").
Interest on debt associated with certain buildings, equipment and capital
improvements are computed in accordance with paragraph 23 of Attachment
and maintenance expenses. The expenses under this heading are those
that have been incurred for the administration, operation, maintenance,
preservation, and protection of the organization's physical plant. They
include expenses normally incurred for such items as: janitorial and
utility services; repairs and ordinary or normal alterations of buildings,
furniture and equipment; care of grounds; maintenance and operation
of buildings and other plant facilities; security; earthquake and disaster
preparedness; environmental safety; hazardous waste disposal; property,
liability and other insurance relating to property; space and capital
leasing; facility planning and management; and, central receiving. The
operation and maintenance expenses category shall also include its allocable
share of fringe benefit costs, depreciation and use allowances, and
administration and general expenses. The expenses under this heading
are those that have been incurred for the overall general executive
and administrative offices of the organization and other expenses of
a general nature which do not relate solely to any major function of
the organization. This category shall also include its allocable share
of fringe benefit costs, operation and maintenance expense, depreciation
and use allowances, and interest costs. Examples of this category include
central offices, such as the director's office, the office of finance,
business services, budget and planning, personnel, safety and risk management,
general counsel, management information systems, and library costs.
developing this cost pool, special care should be exercised to ensure
that costs incurred for the same purpose in like circumstances are treated
consistently as either direct or indirect costs. For example, salaries
of technical staff, project supplies, project publication, telephone
toll charges, computer costs, travel costs, and specialized services
costs shall be treated as direct costs wherever identifiable to a particular
program. The salaries and wages of administrative and pooled clerical
staff should normally be treated as indirect costs. Direct charging
of these costs may be appropriate where a major project or activity
explicitly requires and budgets for administrative or clerical services
and other individuals involved can be identified with the program or
activity. Items such as office supplies, postage, local telephone costs,
periodicals and memberships should normally be treated as indirect costs.
bases. Actual conditions shall be taken into account in selecting the
base to be used in allocating the expenses in each grouping to benefitting
functions. The essential consideration in selecting a method or a base
is that it is the one best suited for assigning the pool of costs to
cost objectives in accordance with benefits derived; a traceable cause
and effect relationship; or logic and reason, where neither the cause
nor the effect of the relationship is determinable. When an allocation
can be made by assignment of a cost grouping directly to the function
benefited, the allocation shall be made in that manner. When the expenses
in a cost grouping are more general in nature, the allocation shall
be made through the use of a selected base which produces results that
are equitable to both the Federal Government and the organization. The
distribution shall be made in accordance with the bases described herein
unless it can be demonstrated that the use of a different base would
result in a more equitable allocation of the costs, or that a more readily
available base would not increase the costs charged to sponsored awards.
The results of special cost studies (such as an engineering utility
study) shall not be used to determine and allocate the indirect costs
to sponsored awards.
and use allowances. Depreciation and use allowances expenses shall be
allocated in the following manner:
Depreciation or use allowances on buildings used exclusively in the
conduct of a single function, and on capital improvements and equipment
used in such buildings, shall be assigned to that function.
or use allowances on buildings used for more than one function, and
on capital improvements and equipment used in such buildings, shall
be allocated to the individual functions performed in each building
on the basis of usable square feet of space, excluding common areas,
such as hallways, stairwells, and restrooms.
or use allowances on buildings, capital improvements and equipment related
space (e.g., individual rooms, and laboratories) used jointly by more
than one function (as determined by the users of the space) shall be
treated as follows. The cost of each jointly used unit of space shall
be allocated to the benefitting functions on the basis of:
the employees and other users on a full-time equivalent (FTE) basis
or salaries and wages of those individual functions benefitting from
the use of that space; or
employee FTEs or salaries and wages applicable to the benefitting functions
of the organization.
or use allowances on certain capital improvements to land, such as paved
parking areas, fences, sidewalks, and the like, not included in the
cost of buildings, shall be allocated to user categories on a FTE basis
and distributed to major functions in proportion to the salaries and
wages of all employees applicable to the functions.
Interest costs shall be allocated in the same manner as the depreciation
or use allowances on the buildings, equipment and capital equipments
to which the interest relates.
and maintenance expenses. Operation and maintenance expenses shall be
allocated in the same manner as the depreciation and use allowances.
administration and general expenses. General administration and general
expenses shall be allocated to benefitting functions based on modified
total direct costs (MTDC), as described in subparagraph D.3.f. The expenses
included in this category could be grouped first according to major
functions of the organization to which they render services or provide
benefits. The aggregate expenses of each group shall then be allocated
to benefitting functions based on MTDC.
(1) Indirect cost categories consisting of depreciation and use allowances,
interest, operation and maintenance, and general administration and
general expenses shall be allocated in that order to the remaining indirect
cost categories as well as to the major functions of the organization.
Other cost categories could be allocated in the order determined to
be most appropriate by the organization. When cross allocation of costs
is made as provided in subparagraph (2), this order of allocation does
an indirect cost category will be considered closed once it has been
allocated to other cost objectives, and costs shall not be subsequently
allocated to it. However, a cross allocation of costs between two or
more indirect costs categories could be used if such allocation will
result in a more equitable allocation of costs. If a cross allocation
is used, an appropriate modification to the composition of the indirect
cost categories is required.
of indirect cost rate or rates. Except where a special indirect cost
rate(s) is required in accordance with subparagraph D.5, the separate
groupings of indirect costs allocated to each major function shall be
aggregated and treated as a common pool for that function. The costs
in the common pool shall then be distributed to individual awards included
in that function by use of a single indirect cost rate.
basis. Indirect costs shall be distributed to applicable sponsored awards
and other benefitting activities within each major function on the basis
of MTDC. MTDC consists of all salaries and wages, fringe benefits, materials
and supplies, services, travel, and subgrants and subcontracts up to
the first $25,000 of each subgrant or subcontract (regardless of the
period covered by the subgrant or subcontract). Equipment, capital expenditures,
charges for patient care, rental costs and the portion in excess of
$25,000 shall be excluded from MTDC. Participant support costs shall
generally be excluded from MTDC. Other items may only be excluded when
the Federal cost cognizant agency determines that an exclusion is necessary
to avoid a serious inequity in the distribution of indirect costs.
Rate Components. An indirect cost rate shall be determined for each
separate indirect cost pool developed. The rate in each case shall be
stated as the percentage which the amount of the particular indirect
cost pool is of the distribution base identified with that pool. Each
indirect cost rate negotiation or determination agreement shall include
development of the rate for each indirect cost pool as well as the overall
indirect cost rate. The indirect cost pools shall be classified within
two broad categories: "Facilities" and "Administration,"
as described in subparagraph C.3.
4. Direct allocation method.
non-profit organizations treat all costs as direct costs except general
administration and general expenses. These organizations generally separate
their costs into three basic categories: (i) General administration
and general expenses, (ii) fundraising, and (iii) other direct functions
(including projects performed under Federal awards). Joint costs, such
as depreciation, rental costs, operation and maintenance of facilities,
telephone expenses, and the like are prorated individually as direct
costs to each category and to each award or other activity using a base
most appropriate to the particular cost being prorated.
method is acceptable, provided each joint cost is prorated using a base
which accurately measures the benefits provided to each award or other
activity. The bases must be established in accordance with reasonable
criteria, and be supported by current data. This method is compatible
with the Standards of Accounting and Financial Reporting for Voluntary
Health and Welfare Organizations issued jointly by the National Health
Council, Inc., the National Assembly of Voluntary Health and Social
Welfare Organizations, and the United Way of America.
this method, indirect costs consist exclusively of general administration
and general expenses. In all other respects, the organization's indirect
cost rates shall be computed in the same manner as that described in
5. Special indirect cost rates. In some instances, a single indirect cost
rate for all activities of an organization or for each major function
of the organization may not be appropriate, since it would not take into
account those different factors which may substantially affect the indirect
costs applicable to a particular segment of work. For this purpose, a
particular segment of work may be that performed under a single award
or it may consist of work under a group of awards performed in a common
environment. These factors may include the physical location of the work,
the level of administrative support required, the nature of the facilities
or other resources employed, the scientific disciplines or technical skills
involved, the organizational arrangements used, or any combination thereof.
When a particular segment of work is performed in an environment which
appears to generate a significantly different level of indirect costs,
provisions should be made for a separate indirect cost pool applicable
to such work. The separate indirect cost pool should be developed during
the course of the regular allocation process, and the separate indirect
cost rate resulting therefrom should be used, provided it is determined
that (i) the rate differs significantly from that which would have been
obtained under subparagraphs 2, 3, and 4, and (ii) the volume of work
to which the rate would apply is material.
Negotiation and Approval of Indirect Cost Rates
As used in this section, the following terms have the meanings set forth
agency means the Federal agency responsible for negotiating and approving
indirect cost rates for a non-profit organization on behalf of all Federal
rate means an indirect cost rate, applicable to a specified current
or future period, usually the organization's fiscal year. The rate is
based on an estimate of the costs to be incurred during the period.
A predetermined rate is not subject to adjustment.
rate means an indirect cost rate which has the same characteristics
as a predetermined rate, except that the difference between the estimated
costs and the actual costs of the period covered by the rate is carried
forward as an adjustment to the rate computation of a subsequent period.
rate means an indirect cost rate applicable to a specified past period
which is based on the actual costs of the period. A final rate is not
subject to adjustment.
rate or billing rate means a temporary indirect cost rate applicable
to a specified period which is used for funding, interim reimbursement,
and reporting indirect costs on awards pending the establishment of
a final rate for the period.
cost proposal means the documentation prepared by an organization to
substantiate its claim for the reimbursement of indirect costs. This
proposal provides the basis for the review and negotiation leading to
the establishment of an organization's indirect cost rate.
objective means a function, organizational subdivision, contract, grant,
or other work unit for which cost data are desired and for which provision
is made to accumulate and measure the cost of processes, projects, jobs
and capitalized projects.
2. Negotiation and approval of rates.
different arrangements are agreed to by the agencies concerned, the
Federal agency with the largest dollar value of awards with an organization
will be designated as the cognizant agency for the negotiation and approval
of the indirect cost rates and, where necessary, other rates such as
fringe benefit and computer charge-out rates. Once an agency is assigned
cognizance for a particular non-profit organization, the assignment
will not be changed unless there is a major long-term shift in the dollar
volume of the Federal awards to the organization. All concerned Federal
agencies shall be given the opportunity to participate in the negotiation
process but, after a rate has been agreed upon, it will be accepted
by all Federal agencies. When a Federal agency has reason to believe
that special operating factors affecting its awards necessitate special
indirect cost rates in accordance with subparagraph D.5, it will, prior
to the time the rates are negotiated, notify the cognizant agency.
- A non-profit
organization which has not previously established an indirect cost rate
with a Federal agency shall submit its initial indirect cost proposal
immediately after the organization is advised that an award will be
made and, in no event, later than three months after the effective date
of the award.
that have previously established indirect cost rates must submit a new
indirect cost proposal to the cognizant agency within six months after
the close of each fiscal year.
- A predetermined
rate may be negotiated for use on awards where there is reasonable assurance,
based on past experience and reliable projection of the organization's
costs, that the rate is not likely to exceed a rate based on the organization's
rates may be negotiated where predetermined rates are not considered
appropriate. A fixed rate, however, shall not be negotiated if (i) all
or a substantial portion of the organization's awards are expected to
expire before the carry-forward adjustment can be made; (ii) the mix
of Federal and non-Federal work at the organization is too erratic to
permit an equitable carry-forward adjustment; or (iii) the organization's
operations fluctuate significantly from year to year.
and final rates shall be negotiated where neither predetermined nor
fixed rates are appropriate.
- The results
of each negotiation shall be formalized in a written agreement between
the cognizant agency and the non-profit organization. The cognizant
agency shall distribute copies of the agreement to all concerned Federal
- If a
dispute arises in a negotiation of an indirect cost rate between the
cognizant agency and the non-profit organization, the dispute shall
be resolved in accordance with the appeals procedures of the cognizant
- To the
extent that problems are encountered among the Federal agencies in connection
with the negotiation and approval process, OMB will lend assistance
as required to resolve such problems in a timely manner.
Circular No. A-122
ITEMS OF COST
- Advertising and public relations costs
- Advisory councils
- Alcoholic beverages
- Audit costs and related services
- Bad debts
- Bonding costs
- Communication costs
- Compensation for personal services
- Contingency provisions
- Defense and prosecution of criminal and civil proceedings,
claims, appeals and patent infringement
- Depreciation and use allowances
- Donations and contributions
- Employee morale, health, and welfare costs
- Entertainment costs
- Equipment and other capital expenditures
- Fines and penalties
- Fund raising and investment management costs
- Gains and losses on depreciable assets
- Goods or services for personal use
- Housing and personal living expenses
- Idle facilities and idle capacity
- Insurance and indemnification
- Labor relations costs
- Losses on other sponsored agreements or contracts
- Maintenance and repair costs
- Materials and supplies costs
- Meetings and conferences
- Memberships, subscriptions, and professional activity
- Organization costs
- Page charges in professional journals
- Participant support costs
- Patent costs
- Plant and homeland security costs
- Pre-agreement costs
- Professional services costs
- Publication and printing costs
- Rearrangement and alteration costs
- Reconversion costs
- Recruiting costs
- Relocation costs
- Rental costs of buildings and equipment
- Royalties and other costs for use of patents and copyrights
- Selling and marketing
- Specialized service facilities
- Termination costs applicable to sponsored agreements
- Training costs
- Transportation costs
- Travel costs
Circular No. A-122
ITEMS OF COST
1 through 53 provide principles to be applied in establishing the allowability
of certain items of cost. These principles apply whether a cost is treated
as direct or indirect. Failure to mention a particular item of cost is
not intended to imply that it is unallowable; rather, determination as
to allowability in each case should be based on the treatment or principles
provided for similar or related items of cost.
and public relations costs.
- The term
advertising costs means the costs of advertising media and corollary
administrative costs. Advertising media include magazines, newspapers,
radio and television, direct mail, exhibits, electronic or computer
transmittals, and the like.
- The term
public relations includes community relations and means those activities
dedicated to maintaining the image of the non-profit organization or
maintaining or promoting understanding and favorable relations with
the community or public at large or any segment of the public.
- The only
allowable advertising costs are those which are solely for:
recruitment of personnel required for the performance by the non-profit
organization of obligations arising under a Federal award (See also
Attachment B, paragraph 41, Recruiting costs, and paragraph 42, Relocation
(2) The procurement of goods and services for the performance of a Federal
The disposal of scrap or surplus materials acquired in the performance
of a Federal award except when non-profit organizations are reimbursed
for disposal costs at a predetermined amount; or
Other specific purposes necessary to meet the requirements of the Federal
- The only
allowable public relations costs are:
Costs specifically required by the Federal award;
Costs of communicating with the public and press pertaining to specific
activities or accomplishments which result from performance of Federal
awards (these costs are considered necessary as part of the outreach
effort for the Federal award); or
Costs of conducting general liaison with news media and government public
relations officers, to the extent that such activities are limited to
communication and liaison necessary keep the public informed on matters
of public concern, such as notices of Federal contract/grant awards,
financial matters, etc.
identified in subparagraphs c and d if incurred for more than one Federal
award or for both sponsored work and other work of the non-profit organization,
are allowable to the extent that the principles in Attachment A, paragraphs
B. (“Direct Costs”) and C. (“Indirect Costs”)
advertising and public relations costs include the following:
All advertising and public relations costs other than as specified in
subparagraphs c, d, and e; (2)
Costs of meetings, conventions, convocations, or other events related
to other activities of the non-profit organization, including:
Costs of displays, demonstrations, and exhibits;
Costs of meeting rooms, hospitality suites, and other special facilities
used in conjunction with shows and other special events; and
Salaries and wages of employees engaged in setting up and displaying
exhibits, making demonstrations, and providing briefings;
Costs of promotional items and memorabilia, including models, gifts,
Costs of advertising and public relations designed solely to promote
the non-profit organization.
by advisory councils or committees are allowable as a direct cost where
authorized by the Federal awarding agency or as an indirect cost where
allocable to Federal awards.
Alcoholic beverages. Costs of alcoholic beverages are unallowable.
Audit costs and related services
- The costs
of audits required by, and performed in accordance with, the Single
Audit Act, as implemented by Circular A-133, "Audits of States,
Local Governments, and Non-Profit Organizations” are allowable.
Also see 31 USC 7505(b) and section 230 (“Audit Costs”)
of Circular A-133.
audit costs are allowable if included in an indirect cost rate proposal,
or if specifically approved by the awarding agency as a direct cost
to an award.
- The cost
of agreed-upon procedures engagements to monitor subrecipients who are
exempted from A-133 under section 200(d) are allowable, subject to the
conditions listed in A-133, section 230 (b)(2).
Bad debts. Bad debts, including losses (whether actual or estimated)
arising from uncollectable accounts and other claims, related collection
costs, and related legal costs, are unallowable.
- Bonding costs arise when the Federal Government requires assurance
against financial loss to itself or others by reason of the act or default
of the non-profit organization. They arise also in instances where the
non-profit organization requires similar assurance. Included are such
bonds as bid, performance, payment, advance payment, infringement, and
- Costs of bonding required pursuant to the terms of the award are allowable.
- Costs of bonding required by the non-profit organization in the general
conduct of its operations are allowable to the extent that such bonding
is in accordance with sound business practice and the rates and premiums
are reasonable under the circumstances.
7. Communication costs. Costs incurred for telephone
services, local and long distance telephone calls, telegrams, postage,
messenger, electronic or computer transmittal services and the like are
Compensation for personal services.
- Definition. Compensation for personal services includes all compensation
paid currently or accrued by the organization for services of employees
rendered during the period of the award (except as otherwise provided
in subparagraph h). It includes, but is not limited to, salaries, wages,
director's and executive committee member's fees, incentive awards,
fringe benefits, pension plan costs, allowances for off-site pay, incentive
pay, location allowances, hardship pay, and cost of living differentials.
- Allowability. Except as otherwise specifically provided in this paragraph,
the costs of such compensation are allowable to the extent that:
(1) Total compensation to individual employees is reasonable for the
services rendered and conforms to the established policy of the organization
consistently applied to both Federal and non-Federal activities; and
(2) Charges to awards whether treated as direct or indirect costs are
determined and supported as required in this paragraph.
(1) When the organization is predominantly engaged in activities other
than those sponsored by the Federal Government, compensation for employees
on federally sponsored work will be considered reasonable to the extent
that it is consistent with that paid for similar work in the organization's
(2) When the organization is predominantly engaged in federally sponsored
activities and in cases where the kind of employees required for the
Federal activities are not found in the organization's other activities,
compensation for employees on federally sponsored work will be considered
reasonable to the extent that it is comparable to that paid for similar
work in the labor markets in which the organization competes for the
kind of employees involved.
- Special considerations in determining allowability. Certain conditions
require special consideration and possible limitations in determining
costs under Federal awards where amounts or types of compensation appear
unreasonable. Among such conditions are the following:
(1) Compensation to members of non-profit organizations, trustees, directors,
associates, officers, or the immediate families thereof. Determination
should be made that such compensation is reasonable for the actual personal
services rendered rather than a distribution of earnings in excess of
(2) Any change in an organization's compensation policy resulting in
a substantial increase in the organization's level of compensation,
particularly when it was concurrent with an increase in the ratio of
Federal awards to other activities of the organization or any change
in the treatment of allowability of specific types of compensation due
to changes in Federal policy.
- Unallowable costs. Costs which are unallowable under other paragraphs
of this Attachment shall not be allowable under this paragraph solely
on the basis that they constitute personal compensation.
- Overtime, extra-pay shift, and multi-shift premiums. Premiums for
overtime, extra-pay shifts, and multi-shift work are allowable only
with the prior approval of the awarding agency except:
(1) When necessary to cope with emergencies, such as those resulting
from accidents, natural disasters, breakdowns of equipment, or occasional
operational bottlenecks of a sporadic nature.
(2) When employees are performing indirect functions, such as administration,
maintenance, or accounting.
(3) In the performance of tests, laboratory procedures, or other similar
operations which are continuous in nature and cannot reasonably be interrupted
or otherwise completed.
(4) When lower overall cost to the Federal Government will result.
- Fringe benefits.
(1) Fringe benefits in the form of regular compensation paid to employees
during periods of authorized absences from the job, such as vacation
leave, sick leave, military leave, and the like, are allowable, provided
such costs are absorbed by all organization activities in proportion
to the relative amount of time or effort actually devoted to each.
(2) Fringe benefits in the form of employer contributions or expenses
for social security, employee insurance, workmen's compensation insurance,
pension plan costs (see subparagraph h), and the like, are allowable,
provided such benefits are granted in accordance with established written
organization policies. Such benefits whether treated as indirect costs
or as direct costs, shall be distributed to particular awards and other
activities in a manner consistent with the pattern of benefits accruing
to the individuals or group of employees whose salaries and wages are
chargeable to such awards and other activities.
(3) (a) Provisions for a reserve under a self-insurance program for
unemployment compensation or workers' compensation are allowable to
the extent that the provisions represent reasonable estimates of the
liabilities for such compensation, and the types of coverage, extent
of coverage, and rates and premiums would have been allowable had insurance
been purchased to cover the risks. However, provisions for self-insured
liabilities which do not become payable for more than one year after
the provision is made shall not exceed the present value of the liability.
(b) Where an organization follows a consistent policy of expensing
actual payments to, or on behalf of, employees or former employees for
unemployment compensation or workers' compensation, such payments are
allowable in the year of payment with the prior approval of the awarding
agency, provided they are allocated to all activities of the organization.
(4) Costs of insurance on the lives of trustees, officers, or other
employees holding positions of similar responsibility are allowable
only to the extent that the insurance represents additional compensation.
The costs of such insurance when the organization is named as beneficiary
- Organization-furnished automobiles. That portion of the cost of organization-furnished
automobiles that relates to personal use by employees (including transportation
to and from work) is unallowable as fringe benefit or indirect costs
regardless of whether the cost is reported as taxable income to the
employees. These costs are allowable as direct costs to sponsored award
when necessary for the performance of the sponsored award and approved
by awarding agencies.
- Pension plan costs.
(1) Costs of the organization's pension plan which are incurred in accordance
with the established policies of the organization are allowable, provided:
(a) Such policies meet the test of reasonableness;
(b) The methods of cost allocation are not discriminatory;
(c) The cost assigned to each fiscal year is determined in accordance
with generally accepted accounting principles (GAAP), as prescribed
in Accounting Principles Board Opinion No. 8 issued by the American
Institute of Certified Public Accountants; and
(d) The costs assigned to a given fiscal year are funded for all plan
participants within six months after the end of that year. However,
increases to normal and past service pension costs caused by a delay
in funding the actuarial liability beyond 30 days after each quarter
of the year to which such costs are assignable are unallowable.
(2) Pension plan termination insurance premiums paid pursuant to the
Employee Retirement Income Security Act (ERISA) of 1974 (Pub. L. 93-406)
are allowable. Late payment charges on such premiums are unallowable.
(3) Excise taxes on accumulated funding deficiencies and other penalties
imposed under ERISA are unallowable.
- Incentive compensation. Incentive compensation to employees based
on cost reduction, or efficient performance, suggestion awards, safety
awards, etc., are allowable to the extent that the overall compensation
is determined to be reasonable and such costs are paid or accrued pursuant
to an agreement entered into in good faith between the organization
and the employees before the services were rendered, or pursuant to
an established plan followed by the organization so consistently as
to imply, in effect, an agreement to make such payment.
- Severance pay.
(1) Severance pay, also commonly referred to as dismissal wages, is
a payment in addition to regular salaries and wages, by organizations
to workers whose employment is being terminated. Costs of severance
pay are allowable only to the extent that in each case, it is required
(b) employer-employee agreement,
(c) established policy that constitutes, in effect, an implied agreement
on the organization's part, or
(d) circumstances of the particular employment.
(2) Costs of severance payments are divided into two categories as follows:
(a) Actual normal turnover severance payments shall be allocated
to all activities; or, where the organization provides for a reserve
for normal severances, such method will be acceptable if the charge
to current operations is reasonable in light of payments actually made
for normal severances over a representative past period, and if amounts
charged are allocated to all activities of the organization.
(b) Abnormal or mass severance pay is of such a conjectural nature that
measurement of costs by means of an accrual will not achieve equity
to both parties. Thus, accruals for this purpose are not allowable.
However, the Federal Government recognizes its obligation to participate,
to the extent of its fair share, in any specific payment. Thus, allowability
will be considered on a case-by-case basis in the event or occurrence.
(c) Costs incurred in certain severance pay packages (commonly known
as "a golden parachute" payment) which are in an amount in
excess of the normal severance pay paid by the organization to an employee
upon termination of employment and are paid to the employee contingent
upon a change in management control over, or ownership of, the organization's
assets are unallowable.
(d) Severance payments to foreign nationals employed by the organization
outside the United States, to the extent that the amount exceeds the
customary or prevailing practices for the organization in the United
States are unallowable, unless they are necessary for the performance
of Federal programs and approved by awarding agencies.
(e) Severance payments to foreign nationals employed by the organization
outside the United States due to the termination of the foreign national
as a result of the closing of, or curtailment of activities by, the
organization in that country, are unallowable, unless they are necessary
for the performance of Federal programs and approved by awarding agencies.
- Training costs. See paragraph 49.
- Support of salaries and wages.
(1) Charges to awards for salaries and wages, whether treated as direct
costs or indirect costs, will be based on documented payrolls approved
by a responsible official(s) of the organization. The distribution of
salaries and wages to awards must be supported by personnel activity
reports, as prescribed in subparagraph (2), except when a substitute
system has been approved in writing by the cognizant agency. (See subparagraph
E.2 of Attachment A.)
(2) Reports reflecting the distribution of activity of each employee
must be maintained for all staff members (professionals and nonprofessionals)
whose compensation is charged, in whole or in part, directly to awards.
In addition, in order to support the allocation of indirect costs, such
reports must also be maintained for other employees whose work involves
two or more functions or activities if a distribution of their compensation
between such functions or activities is needed in the determination
of the organization's indirect cost rate(s) (e.g., an employee engaged
part-time in indirect cost activities and part-time in a direct function).
Reports maintained by non-profit organizations to satisfy these requirements
must meet the following standards:
(a) The reports must reflect an after-the-fact determination of
the actual activity of each employee. Budget estimates (i.e., estimates
determined before the services are performed) do not qualify as support
for charges to awards.
(b) Each report must account for the total activity for which employees
are compensated and which is required in fulfillment of their obligations
to the organization.
(c) The reports must be signed by the individual employee, or by a responsible
supervisory official having first hand knowledge of the activities performed
by the employee, that the distribution of activity represents a reasonable
estimate of the actual work performed by the employee during the periods
covered by the reports.
(d) The reports must be prepared at least monthly and must coincide
with one or more pay periods.
(3) Charges for the salaries and wages of nonprofessional employees,
in addition to the supporting documentation described in subparagraphs
(1) and (2), must also be supported by records indicating the total
number of hours worked each day maintained in conformance with Department
of Labor regulations implementing the Fair Labor Standards Act (FLSA)
(29 CFR Part 516). For this purpose, the term "nonprofessional
employee" shall have the same meaning as "nonexempt employee,"
(4) Salaries and wages of employees used in meeting cost sharing or
matching requirements on awards must be supported in the same manner
as salaries and wages claimed for reimbursement from awarding agencies.
9. Contingency provisions. Contributions to
a contingency reserve or any similar provision made for events the occurrence
of which cannot be foretold with certainty as to time, intensity, or with
an assurance of their happening, are unallowable.
“contingency reserve” excludes self-insurance reserves (see
Attachment B, paragraphs 8.g. (3) and 22.a(2)(d)); pension funds (see
paragraph 8.i): and reserves for normal severance pay (see paragraph 8.k.)
Defense and prosecution of criminal and civil proceedings, claims,
appeals and patent infringement.
as used herein, means a judgment or a conviction of a criminal offense
by any court of competent jurisdiction, whether entered upon as a verdict
or a plea, including a conviction due to a plea of nolo contendere.
include, but are not limited to, administrative and clerical expenses;
the cost of legal services, whether performed by in-house or private
counsel; and the costs of the services of accountants, consultants,
or others retained by the organization to assist it; costs of employees,
officers and trustees, and any similar costs incurred before, during,
and after commencement of a judicial or administrative proceeding that
bears a direct relationship to the proceedings.
(3) Fraud, as used herein, means (i) acts of fraud corruption or attempts
to defraud the Federal Government or to corrupt its agents, (ii) acts
that constitute a cause for debarment or suspension (as specified in
agency regulations), and (iii) acts which violate the False Claims Act,
31 U.S.C., sections 3729-3731, or the Anti-Kickback Act, 41 U.S.C.,
sections 51 and 54.
does not include restitution, reimbursement, or compensatory damages.
includes an investigation.
- (1) Except
as otherwise described herein, costs incurred in connection with any
criminal, civil or administrative proceeding (including filing of a
false certification) commenced by the Federal Government, or a State,
local or foreign government, are not allowable if the proceeding: (1)
relates to a violation of, or failure to comply with, a Federal, State,
local or foreign statute or regulation by the organization (including
its agents and employees), and (2) results in any of the following dispositions:
In a criminal proceeding, a conviction.
(b) In a
civil or administrative proceeding involving an allegation of fraud
or similar misconduct, a determination of organizational liability.
(c) In the
case of any civil or administrative proceeding, the imposition of a
(d) A final
decision by an appropriate Federal official to debar or suspend the
organization, to rescind or void an award, or to terminate an award
for default by reason of a violation or failure to comply with a law
(e) A disposition
by consent or compromise, if the action could have resulted in any of
the dispositions described in (a), (b), (c) or (d).
(2) If more
than one proceeding involves the same alleged misconduct, the costs
of all such proceedings shall be unallowable if any one of them results
in one of the dispositions shown in subparagraph b.(1).
- If a
proceeding referred to in subparagraph b is commenced by the Federal
Government and is resolved by consent or compromise pursuant to an agreement
entered into by the organization and the Federal Government, then the
costs incurred by the organization in connection with such proceedings
that are otherwise not allowable under subparagraph b may be allowed
to the extent specifically provided in such agreement.
- If a
proceeding referred to in subparagraph b is commenced by a State, local
or foreign government, the authorized Federal official may allow the
costs incurred by the organization for such proceedings, if such authorized
official determines that the costs were incurred as a result of (1)
a specific term or condition of a federally sponsored award, or (2)
specific written direction of an authorized official of the sponsoring
incurred in connection with proceedings described in subparagraph b,
but which are not made unallowable by that subparagraph, may be allowed
by the Federal Government, but only to the extent that:
The costs are reasonable in relation to the activities required to deal
with the proceeding and the underlying cause of action;
of the costs incurred, as allowable and allocable costs, is not prohibited
by any other provision(s) of the sponsored award;
costs are not otherwise recovered from the Federal Government or a third
party, either directly as a result of the proceeding or otherwise; and,
percentage of costs allowed does not exceed the percentage determined
by an authorized Federal official to be appropriate, considering the
complexity of the litigation, generally accepted principles governing
the award of legal fees in civil actions involving the United States
as a party, and such other factors as may be appropriate. Such percentage
shall not exceed 80 percent. However, if an agreement reached under
subparagraph c has explicitly considered this 80 percent limitation
and permitted a higher percentage, then the full amount of costs resulting
from that agreement shall be allowable.
incurred by the organization in connection with the defense of suits
brought by its employees or ex-employees under section 2 of the Major
Fraud Act of 1988 (Pub. L. 100-700), including the cost of all relief
necessary to make such employee whole, where the organization was found
liable or settled, are unallowable.
of legal, accounting, and consultant services, and related costs, incurred
in connection with defense against Federal Government claims or appeals,
antitrust suits, or the prosecution of claims or appeals against the
Federal Government, are unallowable.
of legal, accounting, and consultant services, and related costs, incurred
in connection with patent infringement litigation, are unallowable unless
otherwise provided for in the sponsored awards.
which may be unallowable under this paragraph, including directly associated
costs, shall be segregated and accounted for by the organization separately.
During the pendency of any proceeding covered by subparagraphs b and
f, the Federal Government shall generally withhold payment of such costs.
However, if in the best interests of the Federal Government, the Federal
Government may provide for conditional payment upon provision of adequate
security, or other adequate assurance, and agreements by the organization
to repay all unallowable costs, plus interest, if the costs are subsequently
determined to be unallowable.
Depreciation and use allowances.
for the use of buildings, other capital improvements, and equipment
on hand may be made through use allowance or depreciation. However,
except as provided in Attachment B, paragraph f, a combination of the
two methods may not be used in connection with a single class of fixed
assets (e.g., buildings, office equipment, computer equipment, etc.).
- The computation
of use allowances or depreciation shall be based on the acquisition
cost of the assets involved. The acquisition cost of an asset donated
to the non-profit organization by a third party shall be its fair market
value at the time of the donation.
- The computation
of use allowances or depreciation will exclude:
cost of land;
portion of the cost of buildings and equipment borne by or donated by
the Federal Government irrespective of where title was originally vested
or where it presently resides; and
portion of the cost of buildings and equipment contributed by or for
the non-profit organization in satisfaction of a statutory matching
depreciation method is followed, the period of useful service (useful
life) established in each case for usable capital assets must take into
consideration such factors as type of construction, nature of the equipment
used, technological developments in the particular program area, and
the renewal and replacement policies followed for the individual items
or classes of assets involved. The method of depreciation used to assign
the cost of an asset (or group of assets) to accounting periods shall
reflect the pattern of consumption of the asset during its useful life.
the absence of clear evidence indicating that the expected consumption
of the asset will be significantly greater or lesser in the early portions
of its useful life than in the later portions, the straight-line method
shall be presumed to be the appropriate method.
methods once used shall not be changed unless approved in advance by
the cognizant Federal agency. When the depreciation method is introduced
for application to assets previously subject to a use allowance, the
combination of use allowances and depreciation applicable to such assets
must not exceed the total acquisition cost of the assets.
the depreciation method is used for buildings, a building's shell may
be segregated from each building component (e.g., plumbing system, heating,
and air conditioning system, etc.) and each item depreciated over its
estimated useful life; or the entire building (i.e., the shell and all
components) may be treated as a single asset and depreciated over a
single useful life.
the depreciation method is used for a particular class of assets, no
depreciation may be allowed on any such assets that, under subparagraph
d, would be viewed as fully depreciated. However, a reasonable use allowance
may be negotiated for such assets if warranted after taking into consideration
the amount of depreciation previously charged to the Federal Government,
the estimated useful life remaining at time of negotiation, the effect
of any increased maintenance charges or decreased efficiency due to
age, and any other factors pertinent to the utilization of the asset
for the purpose contemplated.
the use allowance method is followed, the use allowance for buildings
and improvement (including land improvements, such as paved parking
areas, fences, and sidewalks) will be computed at an annual rate not
exceeding two percent of acquisition cost.
use allowance for equipment will be computed at an annual rate not exceeding
six and two-thirds percent of acquisition cost. When the use allowance
method is used for buildings, the entire building must be treated as
a single asset; the building's components (e.g., plumbing system, heating
and air conditioning, etc.) cannot be segregated from the building's
two percent limitation, however, need not be applied to equipment which
is merely attached or fastened to the building but not permanently fixed
to it and which is used as furnishings or decorations or for specialized
purposes (e.g., dentist chairs and dental treatment units, counters,
laboratory benches bolted to the floor, dishwashers, modular furniture,
carpeting, etc.). Such equipment will be considered as not being permanently
fixed to the building if it can be removed without the need for costly
or extensive alterations or repairs to the building or the equipment.
Equipment that meets these criteria will be subject to the 6 2/3 percent
equipment use allowance limitation.
for use allowances or depreciation must be supported by adequate property
records and physical inventories must be taken at least once every two
years (a statistical sampling basis is acceptable) to ensure that assets
exist and are usable and needed. When the depreciation method is followed,
adequate depreciation records indicating the amount of depreciation
taken each period must also be maintained.
12. Donations and contributions.
or donations rendered. Contributions or donations, including cash, property,
and services, made by the organization, regardless of the recipient,
(1) Donated or volunteer services may be furnished to an organization
by professional and technical personnel, consultants, and other skilled
and unskilled labor. The value of these services is not reimbursable
either as a direct or indirect cost. However, the value of donated services
may be used to meet cost sharing or matching requirements in accordance
with the Common Rule.
(2)The value of donated services utilized in the performance of a direct
cost activity shall, when material in amount, be considered in the determination
of the non-profit organization's indirect costs or rate(s) and, accordingly,
shall be allocated a proportionate share of applicable indirect costs
when the following exist:
(a) The aggregate value of the services is material;
(b) The services are supported by a significant amount of the indirect
costs incurred by the non-profit organization; and
(c) The direct cost activity is not pursued primarily for the benefit
of the Federal Government.
(3) In those instances where there is no basis for determining the fair
market value of the services rendered, the recipient and the cognizant
agency shall negotiate an appropriate allocation of indirect cost to
(4) Where donated services directly benefit a project supported by an
award, the indirect costs allocated to the services will be considered
as a part of the total costs of the project. Such indirect costs may
be reimbursed under the award or used to meet cost sharing or matching
(5) The value of the donated services may be used to meet cost sharing
or matching requirements under conditions described in Sec.__.23 of
Circular A-110. Where donated services are treated as indirect costs,
indirect cost rates will separate the value of the donations so that
reimbursement will not be made.
goods or space.
(1) Donated goods; i.e., expendable personal property/supplies, and
donated use of space may be furnished to a non-profit organization.
The value of the goods and space is not reimbursable either as a direct
or indirect cost.
(2) The value of the donations may be used to meet cost sharing or matching
share requirements under the conditions described in Circular A-110.
Where donations are treated as indirect costs, indirect cost rates will
separate the value of the donations so that reimbursement will not be
13. Employee morale, health, and welfare costs.
- The costs
of employee information publications, health or first-aid clinics and/or
infirmaries, recreational activities, employee counseling services,
and any other expenses incurred in accordance with the non-profit organization's
established practice or custom for the improvement of working conditions,
employer-employee relations, employee morale, and employee performance
costs will be equitably apportioned to all activities of the non-profit
organization. Income generated from any of these activities will be
credited to the cost thereof unless such income has been irrevocably
set over to employee welfare organizations.
14. Entertainment costs. Costs of entertainment,
including amusement, diversion, and social activities and any costs directly
associated with such costs (such as tickets to shows or sports events,
meals, lodging, rentals, transportation, and gratuities) are unallowable.
Equipment and other capital expenditures.
- For purposes
of this subparagraph, the following definitions apply:
Expenditures” means expenditures for the acquisition cost of capital
assets (equipment, buildings, land), or expenditures to make improvements
to capital assets that materially increase their value or useful life.
Acquisition cost means the cost of the asset including the cost to put
it in place. Acquisition cost for equipment, for example, means the
net invoice price of the equipment, including the cost of any modifications,
attachments, accessories, or auxiliary apparatus necessary to make it
usable for the purpose for which it is acquired. Ancillary charges,
such as taxes, duty, protective in transit insurance, freight, and installation
may be included in, or excluded from the acquisition cost in accordance
with the non-profit organization's regular accounting practices.
(2) "Equipment" means an article of nonexpendable, tangible
personal property having a useful life of more than one year and an
acquisition cost which equals or exceeds the lesser of the capitalization
level established by the non-profit organization for financial statement
purposes, or $5000.
(3) "Special purpose equipment" means equipment which is used
only for research, medical, scientific, or other technical activities.
Examples of special purpose equipment include microscopes, x-ray machines,
surgical instruments, and spectrometers.
(4) "General purpose equipment" means equipment, which is
not limited to research, medical, scientific or other technical activities.
Examples include office equipment and furnishings, modular offices,
telephone networks, information technology equipment and systems, air
conditioning equipment, reproduction and printing equipment, and motor
- The following
rules of allowability shall apply to equipment and other capital expenditures:
(1) Capital expenditures for general purpose equipment, buildings, and
land are unallowable as direct charges, except where approved in advance
by the awarding agency.
(2) Capital expenditures for special purpose equipment are allowable
as direct costs, provided that items with a unit cost of $5000 or more
have the prior approval of the awarding agency.
(3) Capital expenditures for improvements to land, buildings, or equipment
which materially increase their value or useful life are unallowable
as a direct cost except with the prior approval of the awarding agency.
(4) When approved as a direct charge pursuant to paragraph 15.b.(1),
(2), and (3) above, capital expenditures will be charged in the period
in which the expenditure is incurred, or as otherwise determined appropriate
by and negotiated with the awarding agency.
(5) Equipment and other capital expenditures are unallowable as indirect
costs. However, see Attachment B, paragraph 11., Depreciation and use
allowance, for rules on the allowability of use allowances or depreciation
on buildings, capital improvements, and equipment. Also, see Attachment
B, paragraph 43., Rental costs of buildings and equipment, for rules
on the allowability of rental costs for land, buildings, and equipment.
(6) The unamortized portion of any equipment written off as a result
of a change in capitalization levels may be recovered by continuing
to claim the otherwise allowable use allowances or depreciation on the
equipment, or by amortizing the amount to be written off over a period
of years negotiated with the cognizant agency.
16. Fines and penalties. Costs of fines and
penalties resulting from violations of, or failure of the organization
to comply with Federal, State, and local laws and regulations are unallowable
except when incurred as a result of compliance with specific provisions
of an award or instructions in writing from the awarding agency.
Fund raising and investment management costs.
of organized fund raising, including financial campaigns, endowment
drives, solicitation of gifts and bequests, and similar expenses incurred
solely to raise capital or obtain contributions are unallowable.
of investment counsel and staff and similar expenses incurred solely
to enhance income from investments are unallowable.
raising and investment activities shall be allocated an appropriate
share of indirect costs under the conditions described in subparagraph
B.3 of Attachment A.
Gains and losses on depreciable assets.
- (1) Gains
and losses on sale, retirement, or other disposition of depreciable
property shall be included in the year in which they occur as credits
or charges to cost grouping(s) in which the depreciation applicable
to such property was included. The amount of the gain or loss to be
included as a credit or charge to the appropriate cost grouping(s) shall
be the difference between the amount realized on the property and the
undepreciated basis of the property.
(2) Gains and losses on the disposition of depreciable property shall
not be recognized as a separate credit or charge under the following
(a) The gain or loss is processed through a depreciation account
and is reflected in the depreciation allowable under paragraph 11.
(b) The property is given in exchange as part of the purchase price
of a similar item and the gain or loss is taken into account in determining
the depreciation cost basis of the new item.
(c) A loss results from the failure to maintain permissible insurance,
except as otherwise provided in Attachment B, paragraph 22.
(d) Compensation for the use of the property was provided through use
allowances in lieu of depreciation in accordance with paragraph 9.
(e) Gains and losses arising from mass or extraordinary sales, retirements,
or other dispositions shall be considered on a case-by-case basis.
or losses of any nature arising from the sale or exchange of property
other than the property covered in subparagraph a shall be excluded
in computing award costs.
19. Goods or services for personal use. Costs
of goods or services for personal use of the organization's employees
are unallowable regardless of whether the cost is reported as taxable
income to the employees.
Housing and personal living expenses.
of housing (e.g., depreciation, maintenance, utilities, furnishings,
rent, etc.), housing allowances and personal living expenses for/of
the organization's officers are unallowable as fringe benefit or indirect
costs regardless of whether the cost is reported as taxable income to
the employees. These costs are allowable as direct costs to sponsored
award when necessary for the performance of the sponsored award and
approved by awarding agencies.
- The term
"officers" includes current and past officers and employees.
21. Idle facilities and idle capacity.
- As used
in this section the following terms have the meanings set forth below:
(1) "Facilities" means land and buildings or any portion thereof,
equipment individually or collectively, or any other tangible capital
asset, wherever located, and whether owned or leased by the non-profit
(2) "Idle facilities" means completely unused facilities that
are excess to the non-profit organization's current needs.
capacity" means the unused capacity of partially used facilities.
It is the difference between: (a) that which a facility could achieve
under 100 percent operating time on a one-shift basis less operating
interruptions resulting from time lost for repairs, setups, unsatisfactory
materials, and other normal delays; and (b) the extent to which the
facility was actually used to meet demands during the accounting period.
A multi-shift basis should be used if it can be shown that this amount
of usage would normally be expected for the type of facility involved.
(4) "Cost of idle facilities or idle capacity" means costs
such as maintenance, repair, housing, rent, and other related costs,
e.g., insurance, interest, property taxes and depreciation or use allowances.
- The costs
of idle facilities are unallowable except to the extent that:
are necessary to meet fluctuations in workload; or
not necessary to meet fluctuations in workload, they were necessary
when acquired and are now idle because of changes in program requirements,
efforts to achieve more economical operations, reorganization, termination,
or other causes which could not have been reasonably foreseen. Under
the exception stated in this subparagraph, costs of idle facilities
are allowable for a reasonable period of time, ordinarily not to exceed
one year, depending on the initiative taken to use, lease, or dispose
of such facilities.
- The costs
of idle capacity are normal costs of doing business and are a factor
in the normal fluctuations of usage or indirect cost rates from period
to period. Such costs are allowable, provided that the capacity is reasonably
anticipated to be necessary or was originally reasonable and is not
subject to reduction or elimination by use on other Federal awards,
subletting, renting, or sale, in accordance with sound business, economic,
or security practices. Widespread idle capacity throughout an entire
facility or among a group of assets having substantially the same function
may be considered idle facilities.
22. Insurance and indemnification.
includes insurance which the organization is required to carry, or which
is approved, under the terms of the award and any other insurance which
the organization maintains in connection with the general conduct of
its operations. This paragraph does not apply to insurance which represents
fringe benefits for employees (see subparagraphs 8.g and 8.i(2)).
(1) Costs of insurance required or approved, and maintained, pursuant
to the award are allowable.
of other insurance maintained by the organization in connection with
the general conduct of its operations are allowable subject to the following
(a) Types and extent of coverage shall be in accordance with sound business
practice and the rates and premiums shall be reasonable under the circumstances.
allowed for business interruption or other similar insurance shall be
limited to exclude coverage of management fees.
(c) Costs of insurance or of any provisions for a reserve covering the
risk of loss or damage to Federal property are allowable only to the
extent that the organization is liable for such loss or damage.
(d) Provisions for a reserve under a self-insurance program are allowable
to the extent that types of coverage, extent of coverage, rates, and
premiums would have been allowed had insurance been purchased to cover
the risks. However, provision for known or reasonably estimated self-insured
liabilities, which do not become payable for more than one year after
the provision is made, shall not exceed the present value of the liability.
(e) Costs of insurance on the lives of trustees, officers, or other
employees holding positions of similar responsibilities are allowable
only to the extent that the insurance represents additional compensation
(see subparagraph 8.g(4)). The cost of such insurance when the organization
is identified as the beneficiary is unallowable.
(f) Insurance against defects. Costs of insurance with respect to any
costs incurred to correct defects in the organization's materials or
workmanship are unallowable.
(g) Medical liability (malpractice) insurance. Medical liability insurance
is an allowable cost of Federal research programs only to the extent
that the Federal research programs involve human subjects or training
of participants in research techniques. Medical liability insurance
costs shall be treated as a direct cost and shall be assigned to individual
projects based on the manner in which the insurer allocates the risk
to the population covered by the insurance.
(3) Actual losses which could have been covered by permissible insurance
(through the purchase of insurance or a self-insurance program) are
unallowable unless expressly provided for in the award, except:
(a) Costs incurred because of losses not covered under nominal deductible
insurance coverage provided in keeping with sound business practice
losses not covered by insurance, such as spoilage, breakage, and disappearance
of supplies, which occur in the ordinary course of operations, are allowable.
includes securing the organization against liabilities to third persons
and any other loss or damage, not compensated by insurance or otherwise.
The Federal Government is obligated to indemnify the organization only
to the extent expressly provided in the award.
incurred for interest on borrowed capital, temporary use of endowment
funds, or the use of the non-profit organization’s own funds,
however represented, are unallowable. However, interest on debt incurred
after September 29, 1995 to acquire or replace capital assets (including
renovations, alterations, equipment, land, and capital assets acquired
through capital leases), acquired after September 29, 1995 and used
in support of Federal awards is allowable, provided that:
(1) For facilities acquisitions (excluding renovations and alterations)
costing over $10 million where the Federal Government's reimbursement
is expected to equal or exceed 40 percent of an asset's cost, the non-profit
organization prepares, prior to the acquisition or replacement of the
capital asset(s), a justification that demonstrates the need for the
facility in the conduct of federally sponsored activities. Upon request,
the needs justification must be provided to the Federal agency with
cost cognizance authority as a prerequisite to the continued allowability
of interest on debt and depreciation related to the facility. The needs
justification for the acquisition of a facility should include, at a
minimum, the following:
A statement of purpose and justification for facility acquisition or
(b) A statement as to why current facilities are not adequate
(c) A statement of planned future use of the facility
A description of the financing agreement to be arranged for the facility
A summary of the building contract with estimated cost information and
statement of source and use of funds
A schedule of planned occupancy dates
For facilities costing over $500,000, the non-profit organization prepares,
prior to the acquisition or replacement of the facility, a lease/purchase
analysis in accordance with the provisions of Sec. __.30 through __.37
of Circular A-110, which shows that a financed purchase or capital lease
is less costly to the organization than other leasing alternatives,
on a net present value basis. Discount rates used should be equal to
the non-profit organization's anticipated interest rates and should
be no higher than the fair market rate available to the non-profit organization
from an unrelated ("arm's length") third-party. The lease/purchase
analysis shall include a comparison of the net present value of the
projected total cost comparisons of both alternatives over the period
the asset is expected to be used by the non-profit organization. The
cost comparisons associated with purchasing the facility shall include
the estimated purchase price, anticipated operating and maintenance
costs (including property taxes, if applicable) not included in the
debt financing, less any estimated asset salvage value at the end of
the period defined above. The cost comparison for a capital lease shall
include the estimated total lease payments, any estimated bargain purchase
option, operating and maintenance costs, and taxes not included in the
capital leasing arrangement, less any estimated credits due under the
lease at the end of the period defined above. Projected operating lease
costs shall be based on the anticipated cost of leasing comparable facilities
at fair market rates under rental agreements that would be renewed or
reestablished over the period defined above, and any expected maintenance
costs and allowable property taxes to be borne by the non-profit organization
directly or as part of the lease arrangement.
(3) The actual interest cost claimed is predicated upon interest rates
that are no higher than the fair market rate available to the non-profit
organization from an unrelated ("arm's length") third party.
earnings, including interest income, on bond or loan principal, pending
payment of the construction or acquisition costs, are used to offset
allowable interest cost. Arbitrage earnings reportable to the Internal
Revenue Service are not required to be offset against allowable interest
are limited to the least costly alternative based on the total cost
analysis required under subparagraph (b). For example, if an operating
lease is determined to be less costly than purchasing through debt financing,
then reimbursement is limited to the amount determined if leasing had
been used. In all cases where a lease/purchase analysis is performed,
Federal reimbursement shall be based upon the least expensive alternative.
organizations are also subject to the following conditions:
Interest on debt incurred to finance or refinance assets acquired before
or reacquired after September 29, 1995, is not allowable.
attributable to fully depreciated assets is unallowable.
debt arrangements over $1 million, unless the non-profit organization
makes an initial equity contribution to the asset purchase of 25 percent
or more, non-profit organizations shall reduce claims for interest expense
by an amount equal to imputed interest earnings on excess cash flow,
which is to be calculated as follows. Annually, non-profit organizations
shall prepare a cumulative (from the inception of the project) report
of monthly cash flows that includes inflows and outflows, regardless
of the funding source. Inflows consist of depreciation expense, amortization
of capitalized construction interest, and annual interest expense. For
cash flow calculations, the annual inflow figures shall be divided by
the number of months in the year (usually 12) that the building is in
service for monthly amounts. Outflows consist of initial equity contributions,
debt principal payments (less the pro rata share attributable to the
unallowable costs of land) and interest payments. Where cumulative inflows
exceed cumulative outflows, interest shall be calculated on the excess
inflows for that period and be treated as a reduction to allowable interest
expense. The rate of interest to be used to compute earnings on excess
cash flows shall be the three month Treasury Bill closing rate as of
the last business day of that month.
relocation of federally sponsored activities from a facility financed
by indebtedness, the cost of which was funded in whole or part through
Federal reimbursements, to another facility prior to the expiration
of a period of 20 years requires notice to the Federal cognizant agency.
The extent of the relocation, the amount of the Federal participation
in the financing, and the depreciation and interest charged to date
may require negotiation and/or downward adjustments of replacement space
charged to Federal programs in the future.
allowable costs to acquire facilities and equipment are limited to a
fair market value available to the non-profit organization from an unrelated
("arm's length") third party.
- For non-profit
organizations subject to "full coverage"' under the Cost Accounting
Standards (CAS) as defined at 48 CFR 9903.201, the interest allowability
provisions of subparagraph a do not apply. Instead, these organizations'
sponsored agreements are subject to CAS 414 (48 CFR 9903.414), cost
of money as an element of the cost of facilities capital, and CAS 417
(48 CFR 9903.417), cost of money as an element of the cost of capital
assets under construction.
- The following
definitions are to be used for purposes of this paragraph:
(1) Re-acquired assets means assets held by the non-profit organization
prior to September 29, 1995 that have again come to be held by the organization,
whether through repurchase or refinancing. It does not include assets
acquired to replace older assets.
(2) Initial equity contribution means the amount or value of contributions
made by non-profit organizations for the acquisition of the asset or
prior to occupancy of facilities.
costs means the capitalizable costs of an asset, including construction
costs, acquisition costs, and other such costs capitalized in accordance
Labor relations costs. Costs incurred in maintaining satisfactory
relations between the organization and its employees, including costs
of labor management committees, employee publications, and other related
activities are allowable.
other provisions of this Circular, costs associated with the following
activities are unallowable:
(1) Attempts to influence the outcomes of any Federal, State, or local
election, referendum, initiative, or similar procedure, through in kind
or cash contributions, endorsements, publicity, or similar activity;
(2) Establishing, administering, contributing to, or paying the expenses
of a political party, campaign, political action committee, or other
organization established for the purpose of influencing the outcomes
(3) Any attempt to influence: (i) The introduction of Federal or State
legislation; or (ii) the enactment or modification of any pending Federal
or State legislation through communication with any member or employee
of the Congress or State legislature (including efforts to influence
State or local officials to engage in similar lobbying activity), or
with any Government official or employee in connection with a decision
to sign or veto enrolled legislation;
(4) Any attempt to influence: (i) The introduction of Federal or State
legislation; or (ii) the enactment or modification of any pending Federal
or State legislation by preparing, distributing or using publicity or
propaganda, or by urging members of the general public or any segment
thereof to contribute to or participate in any mass demonstration, march,
rally, fundraising drive, lobbying campaign or letter writing or telephone
(5) Legislative liaison activities, including attendance at legislative
sessions or committee hearings, gathering information regarding legislation,
and analyzing the effect of legislation, when such activities are carried
on in support of or in knowing preparation for an effort to engage in
- The following
activities are excepted from the coverage of subparagraph a:
(1) Providing a technical and factual presentation of information on
a topic directly related to the performance of a grant, contract or
other agreement through hearing testimony, statements or letters to
the Congress or a State legislature, or subdivision, member, or cognizant
staff member thereof, in response to a documented request (including
a Congressional Record notice requesting testimony or statements for
the record at a regularly scheduled hearing) made by the recipient member,
legislative body or subdivision, or a cognizant staff member thereof;
provided such information is readily obtainable and can be readily put
in deliverable form; and further provided that costs under this section
for travel, lodging or meals are unallowable unless incurred to offer
testimony at a regularly scheduled Congressional hearing pursuant to
a written request for such presentation made by the Chairman or Ranking
Minority Member of the Committee or Subcommittee conducting such hearing.
(2) Any lobbying made unallowable by subparagraph a(3) to influence
State legislation in order to directly reduce the cost, or to avoid
material impairment of the organization's authority to perform the grant,
contract, or other agreement.
(3) Any activity specifically authorized by statute to be undertaken
with funds from the grant, contract, or other agreement.
- (1) When
an organization seeks reimbursement for indirect costs, total lobbying
costs shall be separately identified in the indirect cost rate proposal,
and thereafter treated as other unallowable activity costs in accordance
with the procedures of subparagraph B.3 of Attachment A.
(2) Organizations shall submit, as part of the annual indirect cost
rate proposal, a certification that the requirements and standards of
this paragraph have been complied with.
(3) Organizations shall maintain adequate records to demonstrate that
the determination of costs as being allowable or unallowable pursuant
to paragraph 25 complies with the requirements of this Circular.
(4) Time logs, calendars, or similar records shall not be required to
be created for purposes of complying with this paragraph during any
particular calendar month when: (1) the employee engages in lobbying
(as defined in subparagraphs (a) and (b)) 25 percent or less of the
employee's compensated hours of employment during that calendar month,
and (2) within the preceding five-year period, the organization has
not materially misstated allowable or unallowable costs of any nature,
including legislative lobbying costs. When conditions (1) and (2) are
met, organizations are not required to establish records to support
the allowabliliy of claimed costs in addition to records already required
or maintained. Also, when conditions (1) and (2) are met, the absence
of time logs, calendars, or similar records will not serve as a basis
for disallowing costs by contesting estimates of lobbying time spent
by employees during a calendar month.
shall establish procedures for resolving in advance, in consultation
with OMB, any significant questions or disagreements concerning the
interpretation or application of paragraph 25. Any such advance resolution
shall be binding in any subsequent settlements, audits or investigations
with respect to that grant or contract for purposes of interpretation
of this Circular; provided, however, that this shall not be construed
to prevent a contractor or grantee from contesting the lawfulness of
such a determination.
lobbying costs. Costs incurred in attempting to improperly influence
either directly or indirectly, an employee or officer of the Executive
Branch of the Federal Government to give consideration or to act regarding
a sponsored agreement or a regulatory matter are unallowable. Improper
influence means any influence that induces or tends to induce a Federal
employee or officer to give consideration or to act regarding a federally
sponsored agreement or regulatory matter on any basis other than the
merits of the matter.
26. Losses on other sponsored agreements or contracts.
Any excess of costs over income on any award is unallowable as a
cost of any other award. This includes, but is not limited to, the organization's
contributed portion by reason of cost sharing agreements or any under-recoveries
through negotiation of lump sums for, or ceilings on, indirect costs.
Maintenance and repair costs. Costs incurred for necessary maintenance,
repair, or upkeep of buildings and equipment (including Federal property
unless otherwise provided for) which neither add to the permanent value
of the property nor appreciably prolong its intended life, but keep it
in an efficient operating condition, are allowable. Costs incurred for
improvements which add to the permanent value of the buildings and equipment
or appreciably prolong their intended life shall be treated as capital
expenditures (see paragraph 15).
Materials and supplies costs.
incurred for materials, supplies, and fabricated parts necessary to
carry out a Federal award are allowable.
materials and supplies shall be charged at their actual prices, net
of applicable credits. Withdrawals from general stores or stockrooms
should be charged at their actual net cost under any recognized method
of pricing inventory withdrawals, consistently applied. Incoming transportation
charges are a proper part of materials and supplies costs.
materials and supplies actually used for the performance of a Federal
award may be charged as direct costs.
federally donated or furnished materials are used in performing the
Federal award, such materials will be used without charge.
29. Meetings and conferences. Costs of meetings
and conferences, the primary purpose of which is the dissemination of
technical information, are allowable. This includes costs of meals, transportation,
rental of facilities, speakers' fees, and other items incidental to such
meetings or conferences. But see Attachment B, paragraphs 14., Entertainment
costs, and 33., Participant support costs.
subscriptions, and professional activity costs.
of the non-profit organization’s membership in business, technical,
and professional organizations are allowable.
of the non-profit organization’s subscriptions to business, professional,
and technical periodicals are allowable.
of membership in any civic or community organization are allowable with
prior approval by Federal cognizant agency.
of membership in any country club or social or dining club or organization
Organization costs. Expenditures, such as incorporation
fees, brokers' fees, fees to promoters, organizers or management consultants,
attorneys, accountants, or investment counselors, whether or not employees
of the organization, in connection with establishment or reorganization
of an organization, are unallowable except with prior approval of the
charges in professional journals. Page charges for professional journal
publications are allowable as a necessary part of research costs, where:
- The research
papers report work supported by the Federal Government; and
- The charges
are levied impartially on all research papers published by the journal,
whether or not by federally sponsored authors.
33. Participant support costs. Participant
support costs are direct costs for items such as stipends or subsistence
allowances, travel allowances, and registration fees paid to or on behalf
of participants or trainees (but not employees) in connection with meetings,
conferences, symposia, or training projects. These costs are allowable
with the prior approval of the awarding agency.
- The following
costs relating to patent and copyright matters are allowable: (i) cost
of preparing disclosures, reports, and other documents required by the
Federal award and of searching the art to the extent necessary to make
such disclosures; (ii) cost of preparing documents and any other patent
costs in connection with the filing and prosecution of a United States
patent application where title or royalty-free license is required by
the Federal Government to be conveyed to the Federal Government; and
(iii) general counseling services relating to patent and copyright matters,
such as advice on patent and copyright laws, regulations, clauses, and
employee agreements (but see paragraphs 37., Professional services costs,
and 44., Royalties and other costs for use of patents and copyrights).
- The following
costs related to patent and copyright matter are unallowable:
(1) Cost of preparing disclosures, reports, and other documents and
of searching the art to the extent necessary to make disclosures not
required by the award
(2) Costs in connection with filing and prosecuting any foreign patent
application, or any United States patent application, where the Federal
award does not require conveying title or a royalty-free license to
the Federal Government (but see paragraph 45., Royalties and other costs
for use of patents and copyrights).
35. Plant and homeland security costs. Necessary
and reasonable expenses incurred for routine and homeland security to
protect facilities, personnel, and work products are allowable. Such costs
include, but are not limited to, wages and uniforms of personnel engaged
in security activities; equipment; barriers; contractual security services;
consultants; etc. Capital expenditures for homeland and plant security
purposes are subject to paragraph 15., Equipment and other capital expenditures,
of this Circular.
Pre-agreement costs. Pre-award costs are those incurred prior
to the effective date of the award directly pursuant to the negotiation
and in anticipation of the award where such costs are necessary to comply
with the proposed delivery schedule or period of performance. Such costs
are allowable only to the extent that they would have been allowable if
incurred after the date of the award and only with the written approval
of the awarding agency.
Professional services costs.
of professional and consultant services rendered by persons who are
members of a particular profession or possess a special skill, and who
are not officers or employees of the non-profit organization, are allowable,
subject to subparagraphs b and c when reasonable in relation to the
services rendered and when not contingent upon recovery of the costs
from the Federal Government.
In addition, legal and related services are limited under Attachment
B, paragraph 10.
- In determining
the allowability of costs in a particular case, no single factor or
any special combination of factors is necessarily determinative. However,
the following factors are relevant:
(1) The nature and scope of the service rendered in relation to the
(2) The necessity of contracting for the service, considering the non-profit
organization's capability in the particular area.
(3) The past pattern of such costs, particularly in the years prior
to Federal awards.
(4) The impact of Federal awards on the non-profit organization's business
(i.e., what new problems have arisen).
(5) Whether the proportion of Federal work to the non-profit organization's
total business is such as to influence the non-profit organization in
favor of incurring the cost, particularly where the services rendered
are not of a continuing nature and have little relationship to work
under Federal grants and contracts.
(6) Whether the service can be performed more economically by direct
employment rather than contracting.
qualifications of the individual or concern rendering the service and
the customary fees charged, especially on non-Federal awards.
of the contractual agreement for the service (e.g., description of the
service, estimate of time required, rate of compensation, and termination
- In addition
to the factors in subparagraph b, retainer fees to be allowable must
be supported by evidence of bona fide services available or rendered
38. Publication and printing costs.
costs include the costs of printing (including the processes of composition,
plate-making, press work, binding, and the end products produced by
such processes), distribution, promotion, mailing, and general handling.
Publication costs also include page charges in professional publications.
- If these
costs are not identifiable with a particular cost objective, they should
be allocated as indirect costs to all benefiting activities of the non-profit
charges for professional journal publications are allowable as a necessary
part of research costs where:
(1) The research papers report work supported by the Federal Government:
charges are levied impartially on all research papers published by the
journal, whether or not by federally sponsored authors.
39. Rearrangement and alteration costs. Costs
incurred for ordinary or normal rearrangement and alteration of facilities
are allowable. Special arrangement and alteration costs incurred specifically
for the project are allowable with the prior approval of the awarding
Reconversion costs. Costs incurred in the restoration or rehabilitation
of the non-profit organization's facilities to approximately the same
condition existing immediately prior to commencement of Federal awards,
less costs related to normal wear and tear, are allowable.
to subparagraphs b, c, and d, and provided that the size of the staff
recruited and maintained is in keeping with workload requirements, costs
of "help wanted" advertising, operating costs of an employment
office necessary to secure and maintain an adequate staff, costs of
operating an aptitude and educational testing program, travel costs
of employees while engaged in recruiting personnel, travel costs of
applicants for interviews for prospective employment, and relocation
costs incurred incident to recruitment of new employees, are allowable
to the extent that such costs are incurred pursuant to a well-managed
recruitment program. Where the organization uses employment agencies,
costs that are not in excess of standard commercial rates for such services
- In publications,
costs of help wanted advertising that includes color, includes advertising
material for other than recruitment purposes, or is excessive in size
(taking into consideration recruitment purposes for which intended and
normal organizational practices in this respect), are unallowable.
of help wanted advertising, special emoluments, fringe benefits, and
salary allowances incurred to attract professional personnel from other
organizations that do not meet the test of reasonableness or do not
conform with the established practices of the organization, are unallowable.
relocation costs incurred incident to recruitment of a new employee
have been allowed either as an allocable direct or indirect cost, and
the newly hired employee resigns for reasons within his control within
twelve months after being hired, the organization will be required to
refund or credit such relocation costs to the Federal Government.
42. Relocation costs.
costs are costs incident to the permanent change of duty assignment
(for an indefinite period or for a stated period of not less than 12
months) of an existing employee or upon recruitment of a new employee.
Relocation costs are allowable, subject to the limitation described
in subparagraphs b, c, and d, provided that:
(1) The move is for the benefit of the employer.
(2) Reimbursement to the employee is in accordance with an established
written policy consistently followed by the employer.
(3) The reimbursement does not exceed the employee's actual (or reasonably
relocation costs for current employees are limited to the following:
costs of transportation of the employee, members of his immediate family
and his household, and personal effects to the new location.
(2) The costs of finding a new home, such as advance trips by employees
and spouses to locate living quarters and temporary lodging during the
transition period, up to maximum period of 30 days, including advance
costs, such as brokerage, legal, and appraisal fees, incident to the
disposition of the employee's former home. These costs, together with
those described in (4), are limited to 8 percent of the sales price
of the employee's former home.
continuing costs of ownership of the vacant former home after the settlement
or lease date of the employee's new permanent home, such as maintenance
of buildings and grounds (exclusive of fixing up expenses), utilities,
taxes, and property insurance.
(5) Other necessary and reasonable expenses normally incident to relocation,
such as the costs of canceling an unexpired lease, disconnecting and
reinstalling household appliances, and purchasing insurance against
loss of or damages to personal property. The cost of canceling an unexpired
lease is limited to three times the monthly rental.
relocation costs for new employees are limited to those described in
(1) and (2) of subparagraph b. When relocation costs incurred incident
to the recruitment of new employees have been allowed either as a direct
or indirect cost and the employee resigns for reasons within his control
within 12 months after hire, the organization shall refund or credit
the Federal Government for its share of the cost. However, the costs
of travel to an overseas location shall be considered travel costs in
accordance with paragraph 50 and not relocation costs for the purpose
of this paragraph if dependents are not permitted at the location for
any reason and the costs do not include costs of transporting household
- The following
costs related to relocation are unallowable:
(1) Fees and other costs associated with acquiring a new home.
(2) A loss on the sale of a former home.
mortgage principal and interest payments on a home being sold.
taxes paid by an employee related to reimbursed relocation costs.
43. Rental costs of buildings and equipment.
to the limitations described in subparagraphs b. through d. of this
paragraph 43, rental costs are allowable to the extent that the rates
are reasonable in light of such factors as: rental costs of comparable
property, if any; market conditions in the area; alternatives available;
and, the type, life expectancy, condition, and value of the property
leased. Rental arrangements should be reviewed periodically to determine
if circumstances have changed and other options are available.
costs under “sale and lease back” arrangements are allowable
only up to the amount that would be allowed had the non-profit organization
continued to own the property. This amount would include expenses such
as depreciation or use allowance, maintenance, taxes, and insurance.
costs under "less-than-arms-length" leases are allowable only
up to the amount (as explained in subparagraph b. of this paragraph
43.) that would be allowed had title to the property vested in the non-profit
organization. For this purpose, a less-than-arms-length lease is one
under which one party to the lease agreement is able to control or substantially
influence the actions of the other. Such leases include, but are not
limited to those between (i) divisions of a non-profit organization;
(ii) non-profit organizations under common control through common officers,
directors, or members; and (iii) a non-profit organization and a director,
trustee, officer, or key employee of the non-profit organization or
his immediate family, either directly or through corporations, trusts,
or similar arrangements in which they hold a controlling interest. For
example, a non-profit organization may establish a separate corporation
for the sole purpose of owning property and leasing it back to the non-profit
costs under leases which are required to be treated as capital leases
under GAAP are allowable only up to the amount (as explained in subparagraph
b) that would be allowed had the non-profit organization purchased the
property on the date the lease agreement was executed. The provisions
of Financial Accounting Standards Board Statement 13, Accounting for
Leases, shall be used to determine whether a lease is a capital lease.
Interest costs related to capital leases are allowable to the extent
they meet the criteria in subparagraph 23. Unallowable costs include
amounts paid for profit, management fees, and taxes that would not have
been incurred had the non-profit organization purchased the facility.
Royalties and other costs for use of patents and
on a patent or copyright or amortization of the cost of acquiring by
purchase a copyright, patent, or rights thereto, necessary for the proper
performance of the award are allowable unless:
(1) The Federal Government has a license or the right to free use of
the patent or copyright.
(2) The patent or copyright has been adjudicated to be invalid, or has
been administratively determined to be invalid.
(3) The patent or copyright is considered to be unenforceable.
(4) The patent or copyright is expired.
care should be exercised in determining reasonableness where the royalties
may have arrived at as a result of less-than-arm's-length bargaining,
(1) Royalties paid to persons, including corporations, affiliated with
the non-profit organization.
(2) Royalties paid to unaffiliated parties, including corporations,
under an agreement entered into in contemplation that a Federal award
would be made.
(3) Royalties paid under an agreement entered into after an award is
made to a non-profit organization.
- In any
case involving a patent or copyright formerly owned by the non-profit
organization, the amount of royalty allowed should not exceed the cost
which would have been allowed had the non-profit organization retained
Selling and marketing. Costs of selling and marketing any products
or services of the non-profit organization are unallowable (unless allowed
under Attachment B, paragraph 1. as allowable public relations cost. However,
these costs are allowable as direct costs, with prior approval by awarding
agencies, when they are necessary for the performance of Federal programs.
Specialized service facilities.
- The costs
of services provided by highly complex or specialized facilities operated
by the non-profit organization, such as computers, wind tunnels, and
reactors are allowable, provided the charges for the services meet the
conditions of either 46 b. or c. and, in addition, take into account
any items of income or Federal financing that qualify as applicable
credits under Attachment A, subparagraph A.5. of this Circular.
- The costs
of such services, when material, must be charged directly to applicable
awards based on actual usage of the services on the basis of a schedule
of rates or established methodology that (i) does not discriminate against
federally supported activities of the non-profit organization, including
usage by the non-profit organization for internal purposes, and (ii)
is designed to recover only the aggregate costs of the services. The
costs of each service shall consist normally of both its direct costs
and its allocable share of all indirect costs. Rates shall be adjusted
at least biennially, and shall take into consideration over/under applied
costs of the previous period(s).
the costs incurred for a service are not material, they may be allocated
as indirect costs.
some extraordinary circumstances, where it is in the best interest of
the Federal Government and the institution to establish alternative
costing arrangements, such arrangements may be worked out with the cognizant
- In general,
taxes which the organization is required to pay and which are paid or
accrued in accordance with GAAP, and payments made to local governments
in lieu of taxes which are commensurate with the local government services
received are allowable, except for (i) taxes from which exemptions are
available to the organization directly or which are available to the
organization based on an exemption afforded the Federal Government and
in the latter case when the awarding agency makes available the necessary
exemption certificates, (ii) special assessments on land which represent
capital improvements, and (iii) Federal income taxes.
- Any refund
of taxes, and any payment to the organization of interest thereon, which
were allowed as award costs, will be credited either as a cost reduction
or cash refund, as appropriate, to the Federal Government.
48. Termination costs applicable to sponsored agreements.
Termination of awards generally gives rise to the incurrence of costs,
or the need for special treatment of costs, which would not have arisen
had the Federal award not been terminated. Cost principles covering these
items are set forth below. They are to be used in conjunction with the
other provisions of this Circular in termination situations.
- The cost
of items reasonably usable on the non-profit organization's other work
shall not be allowable unless the non-profit organization submits evidence
that it would not retain such items at cost without sustaining a loss.
In deciding whether such items are reasonably usable on other work of
the non-profit organization, the awarding agency should consider the
non-profit organization's plans and orders for current and scheduled
purchases of common items by the non-profit organization shall be regarded
as evidence that such items are reasonably usable on the non-profit
organization's other work. Any acceptance of common items as allocable
to the terminated portion of the Federal award shall be limited to the
extent that the quantities of such items on hand, in transit, and on
order are in excess of the reasonable quantitative requirements of other
- If in
a particular case, despite all reasonable efforts by the non-profit
organization, certain costs cannot be discontinued immediately after
the effective date of termination, such costs are generally allowable
within the limitations set forth in this Circular, except that any such
costs continuing after termination due to the negligent or willful failure
of the non-profit organization to discontinue such costs shall be unallowable.
of useful value of special tooling, machinery, and is generally allowable
(1) Such special tooling, special machinery, or equipment is not reasonably
capable of use in the other work of the non-profit organization,
interest of the Federal Government is protected by transfer of title
or by other means deemed appropriate by the awarding agency, and
loss of useful value for any one terminated Federal award is limited
to that portion of the acquisition cost which bears the same ratio to
the total acquisition cost as the terminated portion of the Federal
award bears to the entire terminated Federal award and other Federal
awards for which the special tooling, special machinery, or equipment
costs under unexpired leases are generally allowable where clearly shown
to have been reasonably necessary for the performance of the terminated
Federal award less the residual value of such leases, if:
amount of such rental claimed does not exceed the reasonable use value
of the property leased for the period of the Federal award and such
further period as may be reasonable, and
non-profit organization makes all reasonable efforts to terminate, assign,
settle, or otherwise reduce the cost of such lease. There also may be
included the cost of alterations of such leased property, provided such
alterations were necessary for the performance of the Federal award,
and of reasonable restoration required by the provisions of the lease.
expenses including the following are generally allowable:
(1) Accounting, legal, clerical, and similar costs reasonably necessary
(a) The preparation and presentation to the awarding agency of settlement
claims and supporting data with respect to the terminated portion of
the Federal award, unless the termination is for default (see Subpart
__.61 of Circular A-110); and
termination and settlement of subawards.
(2) Reasonable costs for the storage, transportation, protection, and
disposition of property provided by the Federal Government or acquired
or produced for the Federal award, except when grantees or contractors
are reimbursed for disposals at a predetermined amount in accordance
with Subparts __.32 through ___.37 of Circular A-110.
costs related to salaries and wages incurred as settlement expenses
in subparagraphs (1) and (2). Normally, such indirect costs shall be
limited to fringe benefits, occupancy cost, and immediate supervision.
under sub awards, including the allocable portion of claims which are
common to the Federal award, and to other work of the non-profit organization
are generally allowable.
appropriate share of the non-profit organization's indirect expense
may be allocated to the amount of settlements with subcontractors and/or
subgrantees, provided that the amount allocated is otherwise consistent
with the basic guidelines contained in Attachment A. The indirect expense
so allocated shall exclude the same and similar costs claimed directly
or indirectly as settlement expenses.
of preparation and maintenance of a program of instruction including
but not limited to on-the-job, classroom, and apprenticeship training,
designed to increase the vocational effectiveness of employees, including
training materials, textbooks, salaries or wages of trainees (excluding
overtime compensation which might arise therefrom), and (i) salaries
of the director of training and staff when the training program is conducted
by the organization; or (ii) tuition and fees when the training is in
an institution not operated by the organization, are allowable.
of part-time education, at an undergraduate or post-graduate college
level, including that provided at the organization's own facilities,
are allowable only when the course or degree pursued is relative to
the field in which the employee is now working or may reasonably be
expected to work, and are limited to:
(1) Training materials.
(3) Fees charges by the educational institution.
(4) Tuition charged by the educational institution or, in lieu of tuition,
instructors' salaries and the related share of indirect costs of the
educational institution to the extent that the sum thereof is not in
excess of the tuition which would have been paid to the participating
(5) Salaries and related costs of instructors who are employees of the
(6) Straight-time compensation of each employee for time spent attending
classes during working hours not in excess of 156 hours per year and
only to the extent that circumstances do not permit the operation of
classes or attendance at classes after regular working hours; otherwise,
such compensation is unallowable.
of tuition, fees, training materials, and textbooks (but not subsistence,
salary, or any other emoluments) in connection with full-time education,
including that provided at the organization's own facilities, at a post-graduate
(but not undergraduate) college level, are allowable only when the course
or degree pursued is related to the field in which the employee is now
working or may reasonably be expected to work, and only where the costs
receive the prior approval of the awarding agency. Such costs are limited
to the costs attributable to a total period not to exceed one school
year for each employee so trained. In unusual cases the period may be
of attendance of up to 16 weeks per employee per year at specialized
programs specifically designed to enhance the effectiveness of executives
or managers or to prepare employees for such positions are allowable.
Such costs include enrollment fees, training materials, textbooks and
related charges, employees' salaries, subsistence, and travel. Costs
allowable under this paragraph do not include those for courses that
are part of a degree-oriented curriculum, which are allowable only to
the extent set forth in subparagraphs b and c.
expense, and normal depreciation or fair rental, on facilities owned
or leased by the organization for training purposes are allowable to
the extent set forth in paragraphs 11, 27, and 50.
or donations to educational or training institutions, including the
donation of facilities or other properties, and scholarships or fellowships,
and education costs in excess of those otherwise allowable under subparagraphs
b and c may be allowed with prior approval of the awarding agency. To
be considered for approval, the organization must demonstrate that such
costs are consistently incurred pursuant to an established training
and education program, and that the course or degree pursued is relative
to the field in which the employee is now working or may reasonably
be expected to work.
50. Transportation costs. Transportation costs
include freight, express, cartage, and postage charges relating either
to goods purchased, in process, or delivered. These costs are allowable.
When such costs can readily be identified with the items involved, they
may be directly charged as transportation costs or added to the cost of
such items (see paragraph 28). Where identification with the materials
received cannot readily be made, transportation costs may be charged to
the appropriate indirect cost accounts if the organization follows a consistent,
equitable procedure in this respect.
Travel costs are the expenses for transportation, lodging, subsistence,
and related items incurred by employees who are in travel status on
official business of the non-profit organization. Such costs may be
charged on an actual cost basis, on a per diem or mileage basis in lieu
of actual costs incurred, or on a combination of the two, provided the
method used is applied to an entire trip and not to selected days of
the trip, and results in charges consistent with those normally allowed
in like circumstances in the non-profit organization’s non-federally
and subsistence. Costs incurred by employees and officers for travel,
including costs of lodging, other subsistence, and incidental expenses,
shall be considered reasonable and allowable only to the extent such
costs do not exceed charges normally allowed by the non-profit organization
in its regular operations as the result of the non-profit organization’s
written travel policy. In the absence of an acceptable, written non-profit
organization policy regarding travel costs, the rates and amounts established
under subchapter I of Chapter 57, Title 5, United States Code (“Travel
and Subsistence Expenses; Mileage Allowances”), or by the Administrator
of General Services, or by the President (or his or her designee) pursuant
to any provisions of such subchapter shall apply to travel under Federal
awards (48 CFR 31.205-46(a)).
(1) Airfare costs in excess of the customary standard commercial airfare
(coach or equivalent), Federal Government contract airfare (where authorized
and available), or the lowest commercial discount airfare are unallowable
except when such accommodations would: (a) require circuitous routing;
(b) require travel during unreasonable hours; (c) excessively prolong
travel; (d) result in additional costs that would offset the transportation
savings; or (e) offer accommodations not reasonably adequate for the
traveler’s medical needs. The non-profit organization must justify
and document these conditions on a case-by-case basis in order for the
use of first-class airfare to be allowable in such cases.
(2) Unless a pattern of avoidance is detected, the Federal Government
will generally not question a non-profit organization's determinations
that customary standard airfare or other discount airfare is unavailable
for specific trips if the non-profit organization can demonstrate either
of the following: (a) that such airfare was not available in the specific
case; or (b) that it is the non-profit organization’s overall
practice to make routine use of such airfare.
- Air travel
by other than commercial carrier. Costs of travel by non-profit organization-owned,
-leased, or -chartered aircraft include the cost of lease, charter,
operation (including personnel costs), maintenance, depreciation, insurance,
and other related costs. The portion of such costs that exceeds the
cost of allowable commercial air travel, as provided for in subparagraph]
c., is unallowable.
travel. Direct charges for foreign travel costs are allowable only when
the travel has received prior approval of the awarding agency. Each
separate foreign trip must receive such approval. For purposes of this
provision, “foreign travel” includes any travel outside
Canada, Mexico, the United States, and any United States territories
and possessions. However, the term “foreign travel” for
a non-profit organization located in a foreign country means travel
outside that country.
Trustees. Travel and subsistence costs of trustees
(or directors) are allowable. The costs are subject to restrictions regarding
lodging, subsistence and air travel costs provided in paragraph 51.
Circular No. A-122
ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
- Advance Technology
Institute (ATI), Charleston, South Carolina
Corporation, El Segundo, California
Institutes of Research (AIR), Washington D.C.
- Argonne National
Laboratory, Chicago, Illinois
- Atomic Casualty
Commission, Washington, D.C.
Memorial Institute, Headquartered in Columbus, Ohio
National Laboratory, Upton, New York
- Charles Stark
Draper Laboratory, Incorporated, Cambridge, Massachusetts
- CNA Corporation
(CNAC), Alexandria, Virginia
Institute of Michigan, Ann Arbor, Michigan
- Georgia Institute
of Technology/Georgia Tech Applied Research Corporation/Georgia Tech
Research Institute, Atlanta, Georgia
- Hanford Environmental
Health Foundation, Richland, Washington
- IIT Research
Institute, Chicago, Illinois
of Gas Technology, Chicago, Illinois
for Defense Analysis, Alexandria, Virginia
- LMI, McLean,
- Mitre Corporation,
Systems, Inc., Falls Church, Virginia
Radiological Astronomy Observatory, Green Bank, West Virginia
Renewable Energy Laboratory, Golden, Colorado
- Oak Ridge
Associated Universities, Oak Ridge, Tennessee
- Rand Corporation,
Santa Monica, California
Triangle Institute, Research Triangle Park, North Carolina
Research Institute, New York, New York
- South Carolina
Research Authority (SCRA), Charleston, South Carolina
Research Institute, Birmingham, Alabama
Research Institute, San Antonio, Texas
- SRI International,
Menlo Park, California
Research Corporation, Syracuse, New York
Research Association, Incorporated (National Acceleration Lab), Argonne,
- Urban Institute,
insurance companies, such as Blue Cross and Blue Shield Organizations
non-profit organizations as negotiated with awarding agencies