| Provision Title | Agency GT&C Provisions – Conditional
Outside U.S. Activities | CR Instructions |
| 1. International Air Travel and Transportation | (a) In accordance with OMB Cost Principles, direct charges for foreign travel costs are allowable only when each foreign trip has received prior budget approval by the PM. Such approval will be deemed to have been met when:
(1) The trip is identified. Identification is accomplished by providing the following information: the number of trips, the number of individuals per trip, and the destination country(s);
(2) The information noted at (1) above is incorporated in: the Cooperator’s project narrative, or mutually agreed amendments to this Cost-Reimbursable Agreement; and
(3) The costs related to the travel are incorporated in the Cooperator’s revised budget, or in a subsequently approved budget to this Cost-Reimbursable Agreement.
(b) Post award approval may be allowed, but only if the Grants Management Officer approves the travel, in writing. | Applies to CRs that take place outside the U.S. |
| 2. International Travel and the Fly America Act | The Fly America Act (49 U.S.C. 40118) requires that all air travel and shipments under this Cost-Reimbursable Agreement must be made on U.S. flag air carriers to the extent service by such carriers is available or reasonably available, as applicable. The Administrator of the General Services Administration (GSA) is authorized to issue regulations to implement the Act. Those regulations may be found at 41 CFR Part 301, and are hereby incorporated by reference into this Cost-Reimbursable Agreement. | Applies to CRs that take place outside the U.S. |
| 3. Investment Promotion | (a) No funds or other support provided hereunder may be used in a project or activity reasonably likely to involve the relocation or expansion outside of the United States of an enterprise located in the United States if non-U.S. production in such relocation or expansion replaces some or all of the production of, and reduces the number of employees at, said enterprise in the United States.
(b) No funds or other support provided hereunder may be used in a project or activity the purpose of which is the establishment or development in a foreign country of any export processing zone or designated area where the labor, environmental, tax, tariff, and safety laws of the country would not apply, without the prior written approval of FAS. | Applies to CRs that take place outside the U.S. |
| 4. Nondiscrimination in International Programs | No U.S. citizen or legal resident shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity funded by this Cost-Reimbursable Agreement on the basis of race, color, national origin, age, handicap, or sex. | Applies to CRs that take place outside the U.S. |
| 5. Procurement of Goods and Services Outside the United States | When the project under this Cost-Reimbursable Agreement takes place outside the United States, then the following apply:
(a) Authorized Source Requirement: The authorized sources for the procurement of goods and services are the United States, the District of Columbia, and areas of U.S.-associated sovereignty, including commonwealths, territories and possessions.
(b) Ineligible and Restricted Goods and Services:
(1) Ineligible Goods and Services. Under no circumstances shall the Cooperator procure any of the following under this Cost-Reimbursable Agreement:
(i) Military equipment,
(ii) Surveillance equipment,
(iii) Commodities and services for support of police or other law enforcement activities,
(iv) Abortion equipment and services,
(v) Luxury goods and gambling equipment, or
(vi) Weather modification equipment.
(2) Ineligible Suppliers. Funds provided under this Cost-Reimbursable Agreement shall not be used to procure any goods or services furnished by any firms or individuals whose name appears on the "Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs." See, www.epls.gov. (3) Restricted Goods. The Cooperator shall not procure any of the following goods and services without the prior approval of the Grants Management Officer:
(i) Agricultural commodities,
(ii) Motor vehicles,
(iii) Pharmaceuticals,
(iv) Pesticides,
(v) Used equipment,
(vi) U.S. Government-owned excess property, or
(vi) Fertilizer,
(4) Restricted Goods Exceptions. Prior approval will be deemed to have been met when:
(i) The item is of U.S. source/origin;
(ii) The item has been identified and incorporated in the program description or schedule of the Cost-Reimbursable Agreement (initial or revisions), or modifications to the Cost-Reimbursable Agreement; and
(iii) The costs related to the item are incorporated in the approved budget of the Cost-Reimbursable Agreement. Where the item has not been incorporated into the Cost-Reimbursable Agreement as described above, a separate written authorization from the Grants Management Officer must be provided before the item is procured.
(c). Source and Nationality. When the total procurement element exceeds $250,000, the following applies: Except as may be specifically approved or directed in advance by the Grants Management Officer, all goods and services financed with U.S. dollars, which will be reimbursed under the Cost-Reimbursable Agreement must meet the source and origin specified in the Cost-Reimbursable Agreement.
(d). Printed or Audio-Visual Teaching Materials: If the effective use of printed or audio-visual teaching materials depends upon their being in the local language and if such materials are intended for technical assistance projects or activities financed by FAS in whole or in part and if other funds including U.S.-owned or U.S.-controlled local currencies are not readily available to finance the procurement of such materials, local language versions may be procured from the following sources, in order of preference:
(1) The United States,
(2) The Cooperating Country.
(e) If FAS determines that the Cooperator has procured any of these goods or services under this Cost-Reimbursable Agreement contrary to these requirements, and has received payment for such purposes, the Grants Management Officer may require the Cooperator to refund the entire amount of the purchase. This requirement must be included in all subagreements which include procurement of goods or services which total over $5,000.
(f) Local Procurement Requirement:
(1) Financing local procurement involves the use of funds provided under this Cost-Reimbursable Agreement to finance the procurement of goods and services supplied by local businesses, dealers or producers, with payment normally being in the local country currency.
(2) The Cooperator shall not finance local procurement for any goods and services unless such procurement is covered by the source and origin requirement or when one of the following exceptions applies:
(i) Locally available commodities of U.S. origin, which are otherwise eligible for financing, if the value of the transaction is estimated not to exceed $100,000 exclusive of transportation costs.
(ii) Commodities of any country origin, except foreign policy restricted countries, if the value of the transaction does not exceed the local currency equivalent of $5,000.
(iii) Professional Services Contracts estimated not to exceed $250,000.
(iv) Construction Services Contracts estimated not to exceed $5,000,000.
(v) Commodities and services available only in the local economy (no specific per transaction value applies to this category). This category includes the following items:
(A) Utilities including fuel for heating and cooking waste disposal and trash collection;
(B) Communications - telephone, telex, fax, postal and courier services;
(C) Rental costs for housing and office space;
(D) Petroleum, oils and lubricants for operating vehicles and equipment;
(E) Newspapers, periodicals and books published locally;
(F) Other commodities and services and related expenses that, by their nature or as a practical matter, can only be acquired, performed, or incurred locally, e.g., vehicle maintenance, hotel accommodations, etc. Any waiver must be approved and processed by the Grants Management Officer before the Cooperator finances such local procurement. All subagreements where local procurement of goods or services is a supported element must include this requirement. | Applies to CRs that take place outside the U.S. and procurement of goods and/or services are anticipated. |
| 6. Regulations Governing Employees | (a) The Cooperator’s employees shall maintain private status and may not rely on local U.S. Government offices or facilities for support while under this Cost-Reimbursable Agreement.
(b) The Cooperator's employees, while in a foreign country, are expected to show respect for its conventions, customs, and institutions, to abide by its applicable laws and regulations, and not to interfere in its internal political affairs.
(c) In the event the conduct of any of the Cooperator’s employees is not in accordance with the preceding paragraphs, the Cooperator's chief of party shall consult with the employee involved and the FAS Program Manager shall recommend to the Cooperator a course of action with regard to such employee.
(d) The parties recognize the rights of the U.S. Ambassador to direct the removal from a country of any U.S. citizen or the discharge from this Cost-Reimbursable Agreement of any third country national when, in the discretion of the Ambassador, the interests of the United States so require.
(e) If it is determined, either under (c) or (d) above, that the services of such employee should be terminated, the Cooperator shall use its best efforts to cause the return of such employee to the United States, or point of origin, as appropriate. | Applies to CRs that take place outside the U.S. |
| 7. Security Issues | (a) The Cooperator is encouraged to obtain the latest Department of State Travel Advisory Notices before traveling. These Notices are available to the general public and may be obtained directly from the State Department or via Internet. Where security is a concern in a specific region, Cooperators may choose to notify the US Embassy of their presence when they have entered the country. This may be especially important for long-term posting.
(b) If security issues are affecting the Cooperator’s ability to meet timelines and/or to substantially accomplish the goals and objectives established under this Cost-Reimbursable Agreement, then the Cooperator must contact FAS immediately. | Applies to CRs that take place outside the U.S. |
| Provision Title | Agency GT&C Provisions – Conditional
Research and Related Assurances | CR Instructions |
| 8. Agriculture Bioterrorism Protection Act | The Cooperator assures compliance with the Agriculture Bioterrorism Protection Act of 2002, as implemented at 7 CFR part 331 and 9 CFR part 121, by agreeing that it will not possess, use, or transfer any select agent or toxin without a certificate of registration issued by the Agency. | Applies to all CRs. |
| 9. Animal Welfare Act | The Cooperator assures compliance with the Animal Welfare Act, as amended, 7 U.S.C. 2131, et seq., and the regulations promulgated there under by the Secretary of Agriculture (9 CFR, Subchapter A) pertaining to the care, handling, and treatment of warm-blooded animals held or used for research, teaching, or other activities supported by Federal funds. The Cooperator may request registration of facilities and a current listing of licensed dealers from the Regional Office of the Animal and Plant Health Inspection Service (APHIS), USDA, for the Region in which their facility is located. The location of the appropriate APHIS Regional Office, as well as information concerning this requirement, may be obtained by contacting the Senior Staff Officer, Animal Care Staff, USDA/APHIS, 4700 River Road, Riverdale, Maryland 20737. | Applies to all CRs when research, teaching, or other activities are anticipated. |
| 10. Invention Disclosure and Utilization Reporting | The Cooperator shall report Invention Disclosures and Utilization information electronically via i-Edison Web Interface at: www.iedison.gov. | Applies to all CRs when research activities are anticipated. |
| 11. Metric System of Measurement | Wherever measurements are required or authorized, they must be made, computed, and recorded in metric system units of measurement, unless otherwise authorized by the FAS Program Manager in writing when it has found that such usage is impractical or is likely to cause United States firms to experience significant inefficiencies or the loss of markets. Where the metric system is not the predominant standard for a particular application, measurements may be expressed in both the metric and the traditional equivalent units, provided the metric units are listed first. | Applies to all CRs involving research and/or publications. |
| 12. Procurement of Recovered Materials | All Cooperators must comply with Section 6002 of the solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. | |
| 13. Protection of Human Subjects | The Cooperator assures compliance with the following provisions regarding the rights and welfare of human subjects:
(a) The Cooperator is responsible for safeguarding the rights and welfare of any human subjects involved in research, development, and related activities supported by this Cost-Reimbursable Agreement. The Cooperator may conduct research involving human subjects only as prescribed in the statement of work and as approved by the Cooperator’s Cognizant Institutional Review Board.
Prior to conducting such research, the Cooperator shall obtain and document a legally sufficient informed consent from each human subject involved. No such informed consent shall include any exculpatory language through which the subject is made to waive, or to appear to waive, any of his or her legal rights, including any release of the Cooperator or its agents from liability for negligence.
(b) The Cooperator agrees to comply with U.S. Department of Health and Human Services’ regulations regarding human subjects, appearing in 45 CFR part 46 (as amended).
(c) It will comply with FAS policy, which is to assure that the risks do not outweigh either potential benefits to the subjects or the expected value of the knowledge sought.
(d) Selection of subject or groups of subjects shall be made without regard to sex, race, color, religion, or national origin unless these characteristics are factors to be studied. | Applies to all CRs when research, development, and related activities are anticipated. |
| 14. Recombinant DNA Research | The Cooperator assures that it will assume primary responsibility for implementing proper conduct on recombinant DNA research and it will comply with the National Institute of Health Guidelines for Recombinant DNA Research, as revised.
If the Cooperator wishes to send or receive registered recombinant DNA material which is subject to quarantine laws, permits to transfer this material into the U.S. or across state lines may be obtained by contacting USDA/APHIS/PPQ, Scientific Services— Biotechnology Permits, 4700 River Road, Unit 133, Riverdale, Maryland 20737. In the event that the Cooperator has not established the necessary biosafety committee, a request for guidance or assistance may be made to the USDA Recombinant DNA Research Officer. | Applies to all CRs when DNA research is anticipated. |
