Provision Language
Section B: General Terms and Conditions
7. Cost Principles
The cost principles applicable to this Agreement are as set forth at 48 CFR Subpart 31.2, applicable to commercial organizations,48 CFR Subpart 31.3, applicable to educational organizations, or 48 CFR Subpart 31.7, applicable to nonprofit organizations, unless otherwise specifically provided elsewhere in the Agreement.
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9. Cost-Sharing
Cost-sharing under this Agreement will be achieved through direct commitments of Portfolio Company. Portfolio Company’s cost-share requirement is stated on the first page of this Agreement and further detailed in the Budget (Attachment 2), and is based on a prescribed percentage of total costs. To be allowable as Portfolio Company cost-sharing, costs must comply with the cost principles as stated in Article 7 above and with any funding restrictions specified in this Agreement.
10. Funding Restrictions
a. Costs incurred prior to the Start Date of this Agreement are not allowable without prior approval by Managing Entity.
b. Indirect costs are reimbursable, up to a maximum of 15% of total project direct costs. Managing Entity must approve the budget, including calculation of allowable indirect costs.
c. Patent costs are allowable, up to a $20,000 limit. Any amount in excess of this limit requires prior approval from the Managing Entity.
e. All salaries (inclusive of any bonuses) paid under the Agreement (including cost-sharing) are capped at the rate of Executive Level II. See definition in Section A.
f. Bonuses may be allowable if within the period of performance and only for the portion that does not exceed the salary cap once added to salary. Portfolio Company must have a written policy and process to support any request to include bonuses in the approved budget. Bonuses are subject to Managing Entity review and approval.
g. Equipment: Managing Entity prior approval is required for equipment purchases over $5,000 not included in the approved budget.
h. Fringe Benefits: If Portfolio Company does not have federally negotiated fringe benefits rates, invoices must reflect actual fringe benefits costs.
i. Administrative costs, including but not limited to utilities, rent, subscription, general supplies and Users licenses and fees for general business use, are not allowable for reimbursement as direct costs. These items can be recovered through the indirect cost rate approved by Managing Entity for the Portfolio Company.
j. Travel:
i. For-profit Portfolio Companies: Travel shall be in accordance with Federal Travel Regulation, https://www.ecfr.gov/current/title-41/subtitle-F, and with the Fly America Act (49 USC 40118) and Open Skies Agreements as detailed at http://www.gsa.gov/portal/content/103191.
ii. Non-profit Portfolio Companies (including educational institutions): Travel shall be in accordance with 2 CFR 200 Subpart E, and with the Fly America Act (49 USC 40118) and Open Skies Agreements as detailed at http://www.gsa.gov/portal/content/103191.
11. Rebudgeting
The following require prior approval by Managing Entity. Requests should be submitted as specified in Article 2 above.
a. Rebudgeting of any direct cost category ≥ 25%.
b. Addition of any new contracted service ≥$50,000.
c. Equipment not included in the original budget.
d. PI effort reduction ≥ 25%.
Section C: CARB-X Special Terms and Conditions
Article VII. Budget
7.01
(a) At the end of the Period of Performance, or prior to any amendment authorizing an additional work segment, the Portfolio Company and the Managing Entity will perform a budget reconciliation to determine:
(i) Whether the Portfolio Company fully met its cost share obligation.
(ii) If the Portfolio Company did not meet its cost share obligation in full, the Managing Entity may withhold payment or demand a refund to recover the unmet cost share obligation.
(iii) In the event the Portfolio Company exceeds its cost share obligation, the Managing Entity will not reimburse any amounts above the cost share obligation.
Attachment 5 Other Funder Terms and Conditions
Federal Republic of Germany Represented by the Federal Ministry of Education and Research (“BMBF”)
Use of the Grant. The remuneration of staff is governed by the provisions that apply to the institution where the staff is employed. All salaries paid by Portfolio Company are capped at the rate of US federal Executive Level II (see Section B, Article 10).
However, if the Agreement is used to cover expenditure on staff or expenditure for general administrative purposes and if the total expenditure by the Portfolio Company is covered mainly with German public funding, the Portfolio Company may not pay their employees at a higher rate than is paid to comparable German federal employees. Higher remuneration than the rates of the Collective Agreement for the Public Service (TVöD) and other payments above or outside collectively agreed rates may not be given in this case.