There are several sections of the pre-published guidelines that potentially impact non-US subrecipients. The Community, with our international expertise, may want to take the opportunity to participate in the development of comments from our institutions and/or associations. For example
sections potentially impacting international subrecipients
_.101(a)(3) subrecipents included parties to whom the guidance applies _.101(b)(1)(B) Federal Cost Principles are applicable _101.(c) Audit Requirements for non-US non-profit or government subrecipients _.501 Determining whether you have a subrecipient or a vendor is made case-by-case by the pass through entity, with little guidance ("the substance of the agreement is more important than the form of the agreement" (_.501(b)(3)) and with potentially conflicting guidance from individual federal funding agencies _.501(c)(5) subrecipient monitoring ties performance to expenditure and specific tasks _.502(j) Allowability cost plus fee contracts to non-US for-profit subrecipients is unclear _.205(a)(c) federal agency review of merit of proposals to include risks, including non-US subrecipient risks and quality of US university's management systems in place to deal with non-US subrecipient risks _.504(d) non-US subrecipients may be required to use some form of cost-price analysis in proposals, and it may be harder for US universities to select non-US subrecipients using noncompetitive proposal procedures Appendix III - contract provisions for subrecipients do not refer to possible exceptions for non-US subrecipients that probably exist elsewhere in the law and regulations
Jeffrey Newman
Associate Director, Contract Management
Vanderbilt University
------------------------------------------- Original Message:
Sent: 02-01-2013 21:09
From: Denise Wallen
Subject: Grant Reform Act
Pre-published guidelines for the Grant Reform Act (OMB's "Reform of Federal Policies Relating to Grants and Cooperative Agreements; Cost Principles and Administrative
Requirements (Including Single Audit Act)") are available at https://s3.amazonaws.com/public-inspection.federalregister.gov/2013-02113.pdf. This document is scheduled to be published in the Federal Register on 02/01/2013 and available online athttp://federalregister.gov/a/2013-02113 and on FDsys.gov.
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Denise Wallen
Research Officer and Senior Fellow; Research Assistant Professor
University of New Mexico
Albuquerque NM
505-277-7649
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