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"Costs Principles for State, Local, and Indian Tribal Governments" and A-102 "Grants and Cooperative <br />Agreements with State and Local Governments." <br />c. Allowable Costs. Expenditures made by the Contractor shall be reimbursed as <br />allowable costs to the extent they meet all of the requirements set forth below. They must be: <br />(1) Consistent with the Project Description, plans, specifications, and <br />Project Budget and all other provisions of this Agreement; <br />(2) Necessary in order to accomplish the Project; <br />(3) Reasonable in amount for the goods or services purchased; <br />(4) Actual net costs to the Contractor, i.e., the price paid minus <br />any refunds (e.g., refundable sales and use taxes pursuant to. N.C.G.S. 105- <br />164.14), rebates, or other items of value received by the Contractor that have <br />the effect of reducing the cost actually incurred; <br />(5) Incurred (and be for work performed) within the period of performance and <br />period covered of this Agreement unless specific authorization from the <br />Department to the contrary is received; <br />(6) Satisfactorily documented; <br />(7) Treated uniformly and consistently under accounting principles and procedures <br />approved or prescribed by the Department; and <br />(8) In compliance with U.S. DOT regulations pertaining to allowable costs at 49 <br />C.F.R. § 18.22(b) or 49 C.F.R. § 19.27, which regulations specify the <br />applicability of U.S. Office of Management and Budget (U.S. OMB) circulars <br />and Federal Acquisition Regulation (FAR) provisions are follows: <br />(a1) U.S. OMB Guidance for Grants and Agreements, "Cost <br />Principles for State, Local, and Indian Tribal Governments (OMB <br />„ <br />Circular A-87) , 2 C.F.R. Part 225, applies to Project costs <br />incurred by a Contractor that is a State, local, or Indian tribal <br />government. <br />(b1) U.S. OMB Guidance for Grants and Agreements, "Cost <br />Principles for Educational Institutions <br />(OMB Circular A-21), "2 C.F.R. Part 220, <br />applies to Project costs incurred by a Contractor <br />that is an institution of higher education. <br />(c1) U.S. OMB Guidance for Grants and Agreements "Cost <br />Principles for Non-profit Organizations (OMB Circular <br />A-122)," 2 C.F.R. Part 230, applies to Project costs incurred by a <br />Contractor that is a private nonprofit organization. <br />(d1) FAR, at 48 C.F.R., Subpart 31.2, "Contracts with <br />Commercial Organizations" applies to Project costs <br />incurred by a Contractor that is afor-profit organization. <br />Section 9. Reporting, Record Retention, and Access. <br />a. Reports. The Contractor shall advise the Department regarding the progress of the <br />Project at a minimum quarterly and at such time and in such a manner as the Department may <br />require. Such reporting and documentation may include, -but not be limited to: operating statistics, <br />equipment usage, meetings, progress reports, and monthly performance reports. The Contractor <br />shall collect and submit to the Department such financial statements, data, records, contracts, and <br />other documents related to the Project as may be deemed necessary by the Department. Such <br />reports shall include narrative and financial statements of sufficient substance to be in <br />conformance with the reporting requirements of the Department. Progress reports throughout the <br />useful life of the project equipment shall be used, in part, to document .utilization of the project <br />equipment. Failure to fully utilize the project equipment in the manner directed by the Department shall <br />constitute a breach of contract, and after written notification by the Department, may result in <br />termination of the Agreement or any such remedy as the Department deems appropriate. <br />Updated 9/17/10 Page 9 of 34 <br />