[Federal Register Volume 63, Number 136 (Thursday, July 16, 1998)]
[Notices]
[Pages 38450-38453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18697]
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UNITED STATES INFORMATION AGENCY
Uniform Administrative Requirements for Grants and Agreements
With Institutions of Higher Education, Hospitals, and Other Nonprofit
Organizations
AGENCY: United States Information Agency.
ACTION: Notice; request for public comments.
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SUMMARY: The United States Information Agency has combined into one
form the Form IA-1119 (10/85)--Guidelines for the Administration of
Assistance Awards Awarded by the United States Information Agency and
the former Form IA-1120 (10/85)--United States Information Agency,
Office of Contracts, General Conditions, Assistance Awards. The
combined form has been retitled IA-1119 (04/98)--Terms and Conditions
for the Administration of United States Information Agency Assistance
Awards.
DATES: Written comments must be sent by August 17, 1998.
Authority: This notice is issued under the authority of 22
U.S.C. 2658 and E.O. 12048.
ADDRESSES: Send comments to USIA, Office of Contracts, Grants Division,
301 4th Street SW., Room M22, Washington, DC 20547.
FOR FURTHER INFORMATION CONTACT:
Joyce C. Love on 202-205-8590 or Carolyn Payne-Fuller on 202-260-3145.
Dated: July 8, 1998.
James W. Durham,
Acting Director, Office of Contracts.
Terms and Conditions for the Administration of United States
Information Agency Assistance Awards
Table of Contents
Article I. Introduction
Article II. Assistance Awards (Grant Agreement, Cooperative
Agreement or Letter Agreement)
Article III. Amendments
Article IV. Audits
Article V. Compliance With Federal and State Laws
Article VI. Convict Labor
Article VII. Disputes
Article VIII. Examination of Records
Article IX. Payment of Interest on Recipients' Claims
Article X. Refunds
Article XI. Reports
Article XII. Subcontractors and Outside Associates and Consultants
Article XIII. Termination
Article XIV. Travel
I. Introduction
This document defines award terms and conditions and procedures for
institutions and organizations to use in receiving, disbursing and
accounting for funds awarded by the United States Information Agency.
Any questions concerning these procedures should be addressed to: U.S.
Information Agency, Office of Contracts, Grants Division, M/KG,
Washington, DC 20547, Phone: (202) 205-5477.
II. Assistance Awards (Grant Agreement, Cooperative Agreement or
Letter Agreement)
An agreement is formalized by a document signed by the Grants
Officer, U.S. Government, duly appointed by the Agency, and accepted by
the recipient institution or organization. The agreement will contain
the terms and conditions appropriate to the purpose of the project, and
the recipient is required to follow the provisions of the agreement in
carrying out the program. These Terms and Conditions apply, unless
specifically modified or deleted in the text of the award document, to
all grants, cooperative agreements or letter agreements awarded by the
United States Information Agency. As used in these Terms and
Conditions, all references to the Grants Officer refer to the officer,
his or her successor or designee, executing the award document for the
Agency.
III. Amendments
The agreement is subject to amendment for such purposes as are
necessary to enable the grantee to assist the Agency in the conduct of
its programs. However, requests for amendments will not be considered
unless the Recipient is in compliance with all reporting requirements
stipulated in the Agreement.
IV. Audits
Revised Circular A-133, which implements the Single Audit Act
Amendments of 1996, provides uniform single audit requirements for all
non-federal grantees--state and local governments (including Indian
tribal governments), colleges and universities, hospitals and other
non-profit organizations (however non-U.S. based entities are exempt).
It applies to audits of fiscal years beginning after June 30, 1996.
V. Compliance With Federal and State Laws
In the performance of the work authorized pursuant to this award,
the recipient agrees to comply with all applicable Federal and State
laws, rules and regulations which deal with or relate to the employment
by the recipient of the employees necessary for such performance.
VI. Convict Labor
In connection with the performance of work under this award, the
recipient agrees not to employ any person undergoing sentence of
imprisonment except as provided by Pub. L. 89-176, September 10, 1965
(18 U.S.C. 4082 (c)(2)) and Executive Order 11755, December 29, 1973.
VIII. Disputes
A. Except as otherwise provided in this award, any dispute
concerning a question of fact arising under this award that is not
disposed of by agreement shall be decided by the Grants Officer, who
shall reduce his/her decision to
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writing and mail or otherwise furnish a copy to the recipient. The
decision of the Grants Officer shall be final and conclusive unless,
within thirty (30 days from the date of receipt of such copy, the
recipient mails or otherwise furnishes to the Grants Officer a written
appeal addressed to the Director of the United States Information
Agency. The decision of the Director's authorized representative for
the determination of such appeal shall be final and conclusive unless
determined by a court of competent jurisdiction to have been
fraudulent, or capricious, or arbitrary, or so grossly erroneous as
necessarily to imply bad faith, or not supported by substantial
evidence. In connection with any appeal proceeding under this clause,
the recipient shall be allowed an opportunity to be heard and to offer
evidence in support of this appeal. Pending final decision of a
dispute, the recipient shall proceed diligently with the performance of
the award and in accordance with the Grants Officer's decision.
B. Any failure by the parties to agree on the allowability or
allocability of costs under this award shall be considered a dispute
concerning a question of fact for decision by the Grants Officer within
the meaning of this clause.
C. This Disputes clause does not preclude consideration of legal
questions in connection with decisions provided in paragraph (A) above:
Provided, that nothing in this award shall be construed as making final
the decision of any administrative official, representative, or board
on a question of law.
VIII. Examination of Records (OMB Circular A-110)
The United States Information Agency, the Inspector General, the
Comptroller General of the United States, or any of their duly
authorized representatives, have the right of timely and unrestricted
access to any books, documents, papers, or other records of the
recipient that are pertinent to the award, in order to make audits,
examinations, excerpts, transcripts and copies of such documents. This
right also includes timely and reasonable access to a recipient's
personnel for the purpose of interview and discussion related to such
documents. The rights of access in this paragraph are not limited to
the required retention period, but shall last as long as records are
retained.
IX. Payment of Interest on Recipient's Claim
A. If an appeal is filed by the recipient from a final decision of
the Grants Officer under the disputes clause of this award, denying a
claim arising under the award, simple interest on the amount of the
claim finally determined owed by the Government shall be payable to the
recipient. Such interest shall be at the rate determined by the
Secretary of the Treasury pursuant to Pub. L. 92-41, 85 Stat. 97, from
the date the recipient furnishes to the Grants Officer a written appeal
under the Disputes clause of this award, to the date of (1) a final
judgement by a court of competent jurisdiction, or (2) mailing to the
recipient of a supplemental agreement for execution either confirming
complete negotiations between the parties or carrying out a decision of
a board of contract appeals.
B. Notwithstanding (A) above, (1) interest shall be applied only
from the date payment was due, if such date is later than the filing of
appeal, and (2) interest shall not be paid for any period of time that
the Grants Officer determined the recipient has unduly delayed in
pursuing remedies before a board of contract appeals or a court of
competent jurisdiction.
X. Refunds
A. If any of the funds made available to the recipient are
unexpended upon the expiration or termination of the award, as of the
due date of the final financial report, a check made payable to the
United States Information Agency for the unexpended balance shall
accompany the final financial report(s).
B. Subsequent Refunds
The recipient shall refund to the Agency all refunds, rebates, or
credits, received after submission of the final financial report. The
recipient may, however, deduct from any such refunds, rebates, or
credits all bona fide costs incurred by the recipient prior to the
expiration date of the agreement but not billed to the recipient until
after submission of the financial report. When subsequent transactions
of this nature occur, a notice shall be sent to the Agency describing
each item and amount involved and indicating that this subsequent
notice amends the report previously submitted. A copy of such notice,
together with the net amount of the refund, shall be forwarded to the
Agency.
XI. Reports
A. Program--The agreement will state the due date and the type of
report required for the recipient to fulfill its program obligations.
The program report shall include the agreement number, period covered
and whether it is an ``interim'' or ``final'' report.
B. Financial--The agreement will state the due date of the report.
SF-269, ``Financial Status Report'' (sample attached), should be used
to report all expenditures of funds. The report shall include the
agreement number, the period covered, and whether it is an ``interim''
or ``final'' report. The final financial report shall be certified by
the recipient's chief fiscal officer, or officer with comparable
function and authority, as follows:
``I hereby certify to the best of my knowledge and belief that
this report is correct and complete and that all outlays and
unliquidated obligations are for the purposes set forth in the award
documents.''
C. If, for reasons beyond its control, the recipient institution or
organization cannot submit the program and financial reports when due,
it should request permission from the Grants Officer to submit them at
a later date.
XII. Subcontractors and Outside Associates and Consultants
None of the substantive programmatic work under a grant or other
agreement may be subcontracted or transferred without prior approval of
the USIA Grants Officer. This provision does not apply to the purchase
of supplies, material, equipment, or general support services.
XIII. Termination
A. Termination for Cause
The Federal sponsoring agency may reserve the right to terminate
any grant or other agreement in whole or in part at any time before the
date of completion, whenever it is determined that the recipient has
failed to comply with the conditions of the agreement. The Federal
sponsoring agency shall promptly notify the recipient in writing of the
determination and reasons for the termination, together with the
effective date. Payments made to recipient or recoveries by the Federal
sponsoring agency under grants or other agreements terminated for cause
shall be in accordance with the legal rights and liabilities of the
parties.
B. Termination for Convenience
1. The Federal sponsoring agency or recipient may terminate grants
and other agreements in whole or in part when both parties agree that
the continuation of the project would not produce beneficial results
commensurate with the further expenditure of funds. The two parties
shall agree upon the termination conditions, including the effective
date and, in the case of partial terminations, the portion to be
terminated. The
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recipient shall not incur new obligations for the terminated portion
after the effective date, and shall cancel as many outstanding
obligations as possible.
2. The Federal sponsoring agency shall allow full credit to the
recipient for the Federal share of the noncancellable obligations,
properly incurred by the recipient prior to termination.
XIV. Travel
A. Definitions
The terms used in this clause have the following meanings:
1. ``International air transportation'' means transportation of
persons (and their personal effects) or property by air between a place
in the United States and a place outside thereof or between two places
both of which are outside the United States.
2. ``U.S. Flag Air Carrier'' means one of a class of air carriers
holding a certificate of public convenience and necessity issued by the
Civil Aeronautics Board, approved by the President, authorizing
operations between the United States and/or its territories and one or
more foreign countries.
3. The term ``United States'' includes the fifty states,
Commonwealth of Puerto Rico, possessions of the United States, and the
District of Columbia.
B. Preference for U.S. Flag Air Carriers
1. Pub. L. 93-623 requires that all Federal agencies and Government
contractors, subcontractors and award recipients use U.S. Flag Air
Carriers for international air transportation of personnel (and their
personal effects) or property, to the extent services by such carriers
is available. It further provides that the Comptroller General of the
United States shall disallow any expenditure from appropriated funds
for international air transportation on other than a U.S. Flag Air
Carrier in the absence of satisfactory proof of the necessity.
2. In the event that the recipient selects a carrier other than a
U.S. Flag Air Carrier for international air transportation, a
certification must be included on vouchers involving such
transportation essentially as follows:
Certification of Unavailability of U.S. Flag Air Carriers
I hereby certify that transportation service for personnel (and
their personal effects) or property by a certified U.S. Flag Air
Carrier was unavailable for the following reason(s): (state reason(s))
3. The recipient shall include the substance of this clause,
including this paragraph (3), in each subcontract, subgrant or purchase
hereunder which may involve international air transportation.
4. U.S. Flag Air Carriers--All transportation of persons or
property to be paid with funds provided by the agreement must be
performed on a U.S. Flag Air Carrier when such service is
``available.'' In all but the most unusual circumstances, all travel
that originates, terminates or involves stopovers in the United States
must be on U.S. Flag Air Carriers.
5. a. Examples of the ``unavailability'' of passenger service by a
U.S. Flag Air Carrier:
(1) When the gateway airport abroad is the traveler's origin or
destination airport, and the use of a U.S. Flag Air Carrier would
extend the time in travel status, including delay at origin and early
arrival at destination, by at least 24 hours; or
(2) When the gateway airport abroad is an interchange point and the
use of a U.S. Flag Air Carrier would require the traveler to wait six
hours or more to make connections at that point; or
(3) When connecting with ongoing flights at the gateway airport in
the United States would extend the traveler's time in travel status by
at least six hours.
b. U.S. Flag Air Carrier service will be used to the furthest
interchange point with foreign carriers and foreign carrier service
will be used to the nearest interchange point with U.S. Flag Air
Carriers which will not extend the traveler's time in travel status by
more than six hours between points of origin and destination.
C. Economy Class Accommodations
In conformity with general U.S. Government policy, it is the policy
of the Agency that persons traveling under Agency programs use economy
class accommodations. There are exceptional circumstances, however,
when the use of other than economy class accommodations may be
necessary. The recipient may apply the following limited guidance in
determining whether other than economy class accommodations may be
permitted.
D. Mode of Travel
1. Train Travel
(a) Sleeping Car Accommodations. When overnight travel is involved,
the least expensive first class sleeping accommodations available shall
be allowed. Higher cost accommodations may be authorized or approved
upon certification by the traveler on the travel voucher that the
lowest cost accommodations were not available or that the higher cost
accommodations were authorized or approved by the Agency for reasons of
security.
(b) Parlor Car and Reserved Coach Accommodations. For train travel
exceeding four hours, reserved coach accommodations will be used to the
greatest extent possible. A parlor car seat may be allowed when
reserved coach accommodations are not available.
(c) Extra-Fare Trains. Travel by extra-fare trains may be
authorized when administratively determined to be advantageous to the
Government or required for security reasons. The use of the Metroliner
coach service is considered to be advantageous to the Government.
2. Air Travel
A. Policy
It is the policy of the Government that employees or individuals on
official business using commercial air carriers for domestic or
international flights travel in economy class accommodations. The
limited exceptions to this policy are listed below.
B. Exceptions to Economy Class Travel May Occur When
(1) Regularly scheduled flights between the authorized origin and
destination points (including connection points) provide only business
class service. The traveler must provide certification to that effect
on the travel voucher.
(2) Space is not available in economy class accommodations on any
scheduled flights in time to accomplish the purpose of the travel,
which is so urgent that it cannot be postponed.
(3) Business class accommodations are necessary due to the
disabling condition of the traveler that other accommodations cannot be
used. Such condition must be substantiated by medical authority.
(4) Business-class accommodations are required for security
purposes or because exceptional circumstances make their use essential
to the successful performance of an Agency mission.
(5) Economy class accommodations on foreign carriers do not provide
adequate sanitation or meet minimum health standards.
C. Authority for Business Class Travel
The authority to authorize or approve business class air travel for
exceptions (1) through (5) above is lodged with the Associate Director
for the Bureau of
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Educational and Cultural Affairs and cannot be redelegated. The
authorization for business class travel shall be made in advance of
actual travel unless circumstances make advanced authorization
impossible. In these cases, the Program Officer will obtain written
approval from the Associate Director as soon as possible.
3. Travel Arrangements and Payment. If the funds are withheld by
the Agency, with payment made by the Agency or its designated
representative (Embassy), the recipient institution/organization or its
designated representative will make all arrangements for the travel
authorized in the agreement. Such arrangements include planning the
itinerary and obtaining the tickets.
[FR Doc. 98-18697 Filed 7-15-98; 8:45 am]
BILLING CODE 8230-01-M