The Indirect Cost Rate Agreement is a crucial document in Philippine government contracting that establishes the authorized methods for recovering overhead and indirect costs on government projects and grants. This agreement is typically required when organizations regularly conduct business with government agencies and need a standardized approach to indirect cost recovery. It ensures compliance with Philippine procurement laws, particularly RA 9184, and Commission on Audit requirements. The agreement details the approved indirect cost rates, calculation methodologies, applicable base costs, and procedures for rate adjustments. It serves as a reference document for both the government agency and the contractor throughout the contract period, providing clarity on indirect cost recovery and helping prevent disputes over cost calculations.
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1. Parties: Identification of the contracting parties - typically the government agency and the contractor/organization
2. Background: Context of the agreement, including the purpose and basis for establishing indirect cost rates
3. Definitions: Detailed definitions of terms used in the agreement, including specific cost categories, base periods, and calculation methods
4. Rate Agreement: Specification of the agreed indirect cost rates, applicable base, and period of rates
5. Cost Bases: Definition of direct cost bases used for applying indirect cost rates
6. Rate Types and Applications: Description of types of rates (provisional, predetermined, final) and their application
7. Calculation Methodology: Detailed explanation of how indirect cost rates are calculated
8. Documentation Requirements: Required documentation for supporting indirect cost calculations and claims
9. Audit Rights: Rights and procedures for auditing indirect costs and rates
10. Adjustment Procedures: Procedures for adjusting rates and handling over/under recoveries
11. Term and Termination: Duration of the agreement and conditions for termination
12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction
13. Execution: Signature blocks and execution requirements
1. Special Rate Considerations: Used when specific programs or funding sources require special treatment of indirect costs
2. Multiple Rate Structures: Include when different rates apply to different divisions or cost objectives
3. International Operations: Required when organization has international operations affecting indirect cost allocation
4. Cost Sharing Provisions: Include when there are cost sharing arrangements affecting indirect cost recovery
5. Rate Ceilings: Used when specific programs or sponsors impose maximum indirect cost rate limitations
6. Dispute Resolution: Detailed dispute resolution procedures, recommended for complex agreements
1. Schedule A - Rate Calculation: Detailed calculations showing how indirect cost rates were determined
2. Schedule B - Cost Classification Guide: Guide defining treatment of specific cost elements as direct or indirect
3. Schedule C - Excluded Costs: List of specifically excluded costs from indirect cost pools
4. Schedule D - Special Rate Provisions: Details of any special rates or limitations applicable to specific programs
5. Schedule E - Organization Structure: Organization chart showing departments/divisions covered by the agreement
6. Appendix 1 - Required Certifications: Required certifications from authorized officials regarding indirect cost proposals
7. Appendix 2 - Documentation Requirements: Detailed list of required supporting documentation for indirect cost claims
8. Appendix 3 - Reporting Templates: Standard templates for periodic reporting of indirect cost information
Relevant legal definitions
Clauses
Relevant Industries
Government and Public Sector
Education and Research
Non-Profit Organizations
Construction and Infrastructure
Healthcare Services
Information Technology
Defense Contractors
International Development
Engineering Services
Research and Development
Relevant Teams
Finance
Legal
Compliance
Government Relations
Procurement
Project Management
Accounting
Contracts Administration
Business Development
Audit
Relevant Roles
Chief Financial Officer
Government Contracts Manager
Finance Director
Compliance Officer
Contract Administrator
Financial Controller
Grants Manager
Project Manager
Accounting Manager
Procurement Officer
Audit Manager
Cost Accountant
Business Development Manager
Finance Analyst
Legal Counsel
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