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Indirect Cost Agreement Template for United States

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Key Requirements PROMPT example:

Indirect Cost Agreement

"Need an Indirect Cost Agreement for our university research institute to establish a provisional rate of 35% for federal grants starting January 2025, with specific provisions for equipment usage and specialized research facilities."

Document background
The Indirect Cost Agreement serves as a critical document for organizations receiving federal funding in the United States. It establishes the framework for recovering indirect costs (overhead) associated with federal programs, grants, and contracts. Organizations typically negotiate these agreements with their cognizant federal agency to ensure consistent treatment of indirect costs across all federal awards. The agreement includes detailed calculations, methodologies, and approved rates that comply with federal regulations and cost principles. It provides clarity and certainty for both the organization and federal agencies regarding the treatment of indirect costs.
Suggested Sections

1. Parties: Identification of the organization and the federal agency/cognizant agency

2. Background: Context of the agreement and basis for indirect cost calculations

3. Definitions: Key terms including indirect costs, direct costs, base period, etc.

4. Rate Agreement: Specified indirect cost rates and their application

5. Period of Applicability: Timeframe during which the rates are valid

6. Treatment of Fringe Benefits: How fringe benefits are handled in calculations

7. Rate Types: Specification of provisional, predetermined, fixed, or final rates

Optional Sections

1. Special Remarks: Additional provisions or clarifications specific to unique circumstances or exceptions

2. Equipment Usage: Treatment of equipment-related costs when significant equipment costs are involved

3. Treatment of Paid Absences: How vacation, holiday, sick leave are handled when organization has specific absence policies

Suggested Schedules

1. Rate Computation Schedule: Detailed calculations supporting the indirect cost rates

2. Cost Groupings Schedule: Breakdown of costs into various indirect cost pools

3. Allocation Base Schedule: Documentation of the selected allocation base(s)

4. Organization Chart: Showing departmental structure and cost centers

5. Certificate of Indirect Costs: Required certification of the indirect cost proposal

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

2 CFR Part 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards - Primary federal regulation governing cost principles and administrative requirements

OMB Circular A-21: Cost Principles for Educational Institutions - Specific guidance for determining allowable costs in educational institution context

OMB Circular A-87: Cost Principles for State, Local, and Indian Tribal Governments - Guidelines for cost allocation and indirect cost rates for government entities

OMB Circular A-122: Cost Principles for Non-Profit Organizations - Framework for determining allowable costs in non-profit organizations

FAR Part 31: Contract Cost Principles and Procedures - Federal Acquisition Regulation guidelines for cost determination and allocation in government contracts

FAR Part 42.7: Indirect Cost Rates - Specific Federal Acquisition Regulation section dealing with indirect cost rate determination and administration

Cost Accounting Standards: Standards governing cost accounting practices for larger organizations with significant government contracts

Internal Revenue Code: Federal tax provisions related to cost allocation and indirect cost recovery

Single Audit Act: Requirements for auditing federal awards, including review of indirect cost allocations

Government Auditing Standards: Also known as the Yellow Book, provides standards for audits of government organizations and federal awards

State Procurement Laws: State-specific requirements governing procurement and contracting, including indirect cost treatment

Higher Education Act: Provisions affecting educational institutions' cost allocation and indirect cost recovery

Medicare/Medicaid Rules: Specific cost allocation requirements for healthcare organizations receiving federal healthcare funding

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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