Contract Certainty Code of Practice Principles and Guidance October 2012

(a) Federal premium instrument. The federal procurement agency or transfer agency must decide on the appropriate instrument for federal award (i.e., grant agreement, cooperation agreement, or contract) under the Federal Grant and Cooperative Agreement Act (31 U.S.C. 6301-08). (d) The values of contributions of services and goods of non-federal entities shall be determined in accordance with the cost principles set out in Subsection E of this Part. If a federal procurement agency authorizes the non-federal entity to donate buildings or land to construction or asset acquisition projects or for long-term use, the value of the property donated for cost-sharing or reconciliation purposes must be less than paragraph (d)(1) or (2) of this section. Financial obligations, when referred to the use of funds by a recipient or sub-recipient in federal arbitration, are contracts for real property and services, contracts and subcontracts, and similar transactions that require payment. (c) exemptions. Some not-for-profit organizations may be considered similar to for-profit businesses because of their size and the nature of their activities in terms of the applicability of cost principles. These not-for-profit organizations must operate in accordance with the federal cost principles that apply to for-profit corporations set out in 48 CFR 31.2. A list of such organizations is set out in Annex VIII to this Part.

Other organizations approved by the Cognizant Indirect Costs Agency may be added from time to time. (3) Federal arbitration does not include other contracts used by a federal agency to purchase goods or services from a contractor, or a contract for the operation of federally owned facilities operated by contractors (GOCO). The contractual guarantee applies to general insurance contracts concluded by an insurer regulated by the FSA or concluded through an intermediary regulated by the FSA. The guarantee of the contract is obtained by the complete and definitive agreement of all the conditions between the insured and the insurer at the time of the conclusion of the contract, the contractual documentation being made available immediately afterwards. (c) Upon termination of a federal arbitration, the Federal Procurement Agency shall provide the information required by the FFATA on the federal website established to meet the requirements of the FFATA and update any other relevant government-wide system or entity on indications of poor performance in accordance with 41 U.S.C. 417b and 31 U.S.C. 3321 and the implementation guidelines of 2 CFR Part 77 (at come at the time of publication); or notify. See also the suspension and exclusion requirements at 2 CFR Part 180. (a) General. These principles should be used to determine the eligible costs of work performed by the non-federal agency in the context of federal grants.

These principles should also be used by the non-federal agency as a guideline for pricing fixed-price contracts and subcontracts, where costs are used to determine the appropriate price. The Principles do not apply: Non-federal entities are subject to the exclusion and suspension requirements for non-government procurement for the implementation of Orders in Council 12549 and 12689, 2 CFR Part 180. The provisions of Part 180 of 2 CFR restrict the awarding, subcontracting, and contracting with specific parties that are excluded, suspended or otherwise excluded or excluded from participation in federal assistance programs or activities. (5) Changes in compliant cost accounting practices. Changes to a cost accounting practice consistent with another compliant practice approved by the Agency responsible for indirect costs may require cost adjustments if the change has a material impact on federal premiums and the changes are deemed appropriate by the competent body for indirect costs. (4) Severance pay paid to foreign nationals employed by the non-federal entity outside the United States to the extent that the amount exceeds the usual or current practices of the non-federal entity in the United States are not permitted unless it is necessary for the implementation of federal programs and approved by the federal procurement agency. (a) A tender guarantee from each bidder equal to five per cent of the bid price. “Bid security” is a firm undertaking such as a tender guarantee, certified cheque or other negotiable instrument attached to a tender to ensure that the tenderer executes the necessary contractual documents within the specified period after acceptance of the tender. e) If the order is subject to the CAS, the costs are allocated to the contract in accordance with analytical accounting standards. To the extent that the SBT is applicable, the allocation of costs under the SBT shall prevail over the allocation provisions of this Part. The contracts of the non-federal undertaking shall contain the applicable provisions described in Annex II to this Part.

5. Where available, the non-federal entity disburses available funds from program revenues (including refunds to a revolving fund), rebates, refunds, contract settlements, audit recoveries, and interest income for those funds before requesting additional cash payments. (8) Appropriateness of the contractual agreement on the service (e.g. description of the service, estimate of the time required, amount of remuneration and termination provisions). (c) Professional activities outside the non-federal agency. Unless an agreement has been specifically approved by a federal procurement agency, a non-federal organization must follow its non-federal written policies and practices regarding the eligible scope of professional services that may be provided outside of the non-governmental, non-governmental, non-organizational compensation unit. If such non-federal written guidelines do not exist or do not adequately define the permissible scope of counselling or other non-organizational activities carried out for an additional external payment, the federal government may require that the effort of professional staff working on federal scholarships be allocated to: (a) determining the federal allowances spent. The determination of when a federal premium is issued must be based on when the activity related to the federal award takes place.

In general, the activity refers to events where the non-federal entity must comply with federal laws, regulations and award conditions, such as: B.: Expenditure operations related to awards, including grants, Farfar reimbursement contracts, contracts with Native American tribes, cooperation agreements and direct funds; the disbursement of funds to sub-recipients; the use of loan proceeds in loan and loan guarantee systems; receipt of goods; preservation of surplus real property; the collection or use of Program revenues; the distribution or use of food; the payment of amounts giving entitlement to an interest subsidy for the non-federal corporation; and the period during which the insurance is in effect. (3) Enter into a contract (or renew or renew a contract) for the acquisition or purchase of equipment, services or systems that use covered telecommunications equipment or services as an essential or essential part of a system or as a critical technology in the context of a system. As described in Public Law 115-232, Article 889, Covered Telecommunications Equipment is telecommunications equipment manufactured by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such companies). Principles and GuidelinesOctober 2012PagePrice 1GuideA When concluding a contract 2B After the conclusion of the contract 3C Proof of performance 4D With regard to amendments to the contract 5 Code of conduct on contract security If there is more than one participating insurerE At the conclusion of the contract 6F After theconclusion of the contract 6G If the Contract the principles have not been respected 7Annexendices1 Guidelines on subjectivity 82 Contents of the model checklist 93 Signature of paragraphs 10 (1) The term “direct loan” means a disbursement of funds by the Confederation to a non-federal borrower under a contract that requires the repayment of those funds with or without interest. The term includes the purchase or participation in a loan from another lender and financing agreements that defer payment for more than 90 days, including the sale of federal government assets on credit terms.