Attachment 2: Prime Award Terms & Conditions
Special Terms & Conditions
a. Rebudgeting of any direct cost category ≥ 10% requires PTE prior approval.
b. Addition of any new contracted service ≥$50,000 not included in the approved budget that represents a <10% change in the direct cost category (contracted services) requires contemporaneous notification to PTE.
c. Addition of any new contracted service ≥$50,000 not included in the approved budget that represents a ≥10% change in the direct cost category (contracted services) requires PTE prior approval per 3.a above.
7. Funding Restrictions: All salaries paid under the Subaward Agreement (including cost-sharing) are capped at the rate of Executive Level II. Pre-award costs are not allowed. See Att 2a, Other Terms for complete list. Facilities and Administrative Costs (F&A) are unallowable for any foreign Subrecipient.
22. Maximum Obligation: The maximum obligation of the PTE for support of this Subaward Agreement will not exceed the total authorized amount specified on the Agreement face page. This Subaward Agreement will not be modified to provide additional funds for such purposes as reimbursement for unrecovered indirect costs resulting from the establishment of final negotiated rates. Subrecipient may rebudget allowable costs in accordance with the approved Scope of Work, applicable cost principles, and the prior approval requirements as stated in this Subaward Agreement. Any exception to this would be at the sole discretion of the PTE and the Joint Oversight Committee.
Attachment 6: Research Subaward Agreement
7.01 Cost Share Principles
(a) The Subrecipient will meet the full amount of cost share obligation as stated in Attachment 5 (the “Cost Share Obligation”).
(b) The Cost Share Obligation must meet the requirements described in this Subaward Agreement.
(c) The Subrecipient shall use commercially reasonable efforts to reach an agreement with NIAID to utilize NIAID Preclinical Services (“PCS”).
7.02 Budget Reconciliation
(a) At the end of the Base Stage and at the end of any exercised Option Stage(s), the Subrecipient and the PTE will perform a budget reconciliation to determine:
(i) Whether the Subrecipient fully met the Cost Share Obligation.
(b) If the Subrecipient does not meet the Cost Share Obligation in full, the PTE may withhold payment or demand a refund to recover the unmet Cost Share Obligation.
(c) In the event the Subrecipient exceeds the Cost Share Obligation, the PTE will not reimburse any amounts above the Cost Share Obligation.
Attachment 8: Non Federal Sponsor Terms and Conditions – DHSC
PROHIBITED USES, UNALLOWABLE COSTS
- Payments for activity of a political or exclusively religious nature
- Contributions in kind (i.e. a contribution in goods or services, as opposed to money. Note: contributions in kind are allowable to meet federal cost-share.)
- Entertaining (entertaining for this purpose means anything that would be a taxable benefit to the person being entertained, according to current UK tax regulations, including meals)
- Contributions will not, unless approved by DHSC in writing, be used to meet the cost of any import, customs duties or any other taxes or similar charges, applied directly or indirectly, by national Governments or by any local public authority on the goods / services provided. Subrecipient must submit any requests for such approval to PTE PI, who will coordinate with DHSC to request necessary approvals.
- Patent application costs (Note: expense may be allowable using other CARB-X funding sources)
Attachment 8: Non Federal Sponsor Terms and Conditions – 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 Subrecipient are capped at the rate of US federal Executive Level II (see Subaward Attachment 2, Special terms and conditions).
However, if the Subaward is used to cover expenditure on staff or expenditure for general administrative purposes and if the total expenditure by the Subrecipient is covered mainly with German public funding, the Subrecipient 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.