80 FR 55152 - Management Fee Policy
NATIONAL SCIENCE FOUNDATION Federal Register Volume 80, Issue 177 (September 14, 2015)
Federal Register Volume 80, Issue 177 (September 14, 2015)
| Page Range | 55152-55153 | |
| FR Document | 2015-23015 |
[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)] [Notices] [Pages 55152-55153] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-23015] ======================================================================= ----------------------------------------------------------------------- NATIONAL SCIENCE FOUNDATION Management Fee Policy AGENCY: National Science Foundation. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: On December 30, 2014, the National Science Foundation (NSF) published at 79 FR 78497 a notice and request for comments on NSF's revised policy on management fee. The payment of a small but appropriate management fee has been a long standing practice at NSF in limited circumstances related to the construction and operation of major facility projects. NSF has strengthened both the criteria used to establish such fees and the controls that may be necessary to ensure that uses of fees are consistent with those established criteria. These efforts resulted in the revised policy that was sent for public comment. On June 16, 2015, NSF received OMB approval under the Paperwork Reduction Act for the Large Facilities Manual (3145-0239) which included NSF's final policy on management fee under Section 4.2.2.2. FOR FURTHER INFORMATION CONTACT: Suzanne Plimpton on (703) 292-7556 or send email to splimpto@nsf.gov. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339, which is accessible 24 hours a day, 7 days a week, 365 days a year (including federal holidays). SUPPLEMENTARY INFORMATION: The following final Management Fee Policy can be found in NSF's Large Facilities Manual: 4.2.2.2 Management Fee Management fee is an amount of money paid to a recipient in excess of a cooperative agreement's or cooperative support agreement's allowable costs. Generally, NSF does not permit the payment of fee (profit) to organizations under financial assistance. However, a management fee may be authorized for awards in the limited circumstances of construction or operations of a large facility as the responsible organization is likely to incur certain legitimate business expenses that may not be reimbursable under the governing cost principles. NSF provides for a [[Page 55153]] management fee in these limited circumstances, as appropriate, recognizing that the awardee would only incur such expenses as a result of its support of the NSF-funded activity. Prior Approval of Management Fees--A management fee proposal must be submitted to NSF that provides sufficient visibility into each expense category to identify its intended purpose. Agreement on management fee amounts shall be completed and a specific dollar amount established prior to the initiation of work under an award, or any subsequent period not authorized as part of the initial award. Any amount negotiated shall be expressly set forth in the terms and conditions of the award. Awardees may draw down the management fee in proportion to the amount incurred during the performance period. Fee established for a period longer than one year shall be subject to adjustment in the event of a significant change to the budget or work scope. The following expense categories will be used in the negotiation and award of a management fee:Working capital necessary to fund operations under an award--An amount for working capital may be necessary to ensure a level of retained earnings available to the organization in order to secure credit and borrowing to assure the financial health of the organization. Facilities capital necessary to acquire assets for performance--An amount for facilities capital may be necessary to allow the organization to acquire major assets and to address expenses that require immediate substantive financial outlays but that are only reimbursed through depreciation or amortization over a period of years. Other ordinary and necessary expenses for business operations that are not otherwise reimbursable under the governing cost principles--An amount for other expenses that are ordinary and necessary but not otherwise reimbursable may be necessary to provide a reasonable allowance for management initiative and investments that will directly or indirectly benefit the NSF-funded activity. Inclusion of amounts under this category warrants careful consideration of the benefits that may be obtained when providing management fee. Examples of potential appropriate needs include expenses related to contract terminations and losses, certain appropriate educational and public outreach activities, and financial incentives to obtain and retain high caliber staff. Prohibited Use of Management Fees--Although not an exhaustive list, the following are examples of expenses that are not appropriate uses of a management fee: [cir] Alcoholic beverages [cir] Tickets to concerts, sporting and other events [cir] Vacation or other travel for non-business purposes [cir] Social or sporting club memberships [cir] Meals or social activities for non-business purposes [cir] Meals or social activities for business purposes that are so extravagant as to constitute entertainment [cir] Luxury or personal items [cir] Lobbying as set forth at 2 CFR 200.450 and FAR 31.205-22, as appropriate to the recipient type In addition, costs incurred under the award that are otherwise allowable under the governing cost principles must be classified as direct or indirect charges to the award and shall not be included as proposed management fee elements. Documentation Requirements on Use of Management Fees--Even though the management fee represents an amount in excess of allowable cost and is therefore not subject to the governing cost principles, NSF, as a matter of policy, has determined that review of appropriate use of such funds is necessary. Information available on actual uses of management fee previously awarded by NSF in the preceding five-year period under any award shall be included in the proposing organization's fee proposal. As a term and condition of the award, the awardee will be required to provide information (typically annually) on the actual use(s) of the management fee. NSF will conduct reviews of this information regarding the extent to which the awardee fee proposals have proven reliable when compared with actual uses of management fee (both as to the fee amount as well as the planned uses of the fee). Unexplained failure to reasonably adhere to planned uses of fee will result in reduction of future management fee amounts under the award. Dated: September 9, 2015. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation. [FR Doc. 2015-23015 Filed 9-11-15; 8:45 am] BILLING CODE 7555-01-P
![55152 Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices
sale, including minimum bids, royalty FOR FURTHER INFORMATION CONTACT: collection techniques or the use of other
rates, and rental rates. Requests for additional information or forms of information technology.
DATES: Affected States may comment on copies of the information collection
Frances Teel,
the size, timing, and location of instrument(s) and instructions should
be directed to Fran Teel, NASA PRA NASA PRA Clearance Officer.
proposed EPA Sale 226 within 60 days
Officer, NASA Headquarters, 300 E [FR Doc. 2015–23000 Filed 9–11–15; 8:45 am]
following their receipt of the Proposed
NOS. The Final NOS will be published Street SW., Mail Code JF000, BILLING CODE 7510–13–P
in the Federal Register at least 30 days Washington, DC 20546, (202) 358–2225
prior to the date of bid opening. Bid or frances.c.teel@nasa.gov.
opening is currently scheduled for SUPPLEMENTARY INFORMATION: NATIONAL SCIENCE FOUNDATION
March 23, 2016.
I. Abstract Management Fee Policy
SUPPLEMENTARY INFORMATION: The
Proposed NOS for EPA Sale 226 and a The National Aeronautics and Space AGENCY: National Science Foundation.
Proposed NOS Package containing Administration (NASA) Office of ACTION: Notice.
information essential to potential Diversity and Equal Opportunity, in
bidders may be obtained from the Public accordance with title VII of the Civil SUMMARY: On December 30, 2014, the
Information Unit, Gulf of Mexico Rights Act of 1964, the Age National Science Foundation (NSF)
Region, Bureau of Ocean Energy Discrimination Act of 1975 and 42 published at 79 FR 78497 a notice and
Management, 1201 Elmwood Park U.S.C. 2000e–16; 29 CFR 1614.106 and request for comments on NSF’s revised
Boulevard, New Orleans, Louisiana 1614.108, is authorized to collect policy on management fee. The payment
70123–2394. Telephone: (504) 736– information on issues and allegations of of a small but appropriate management
2519. The Proposed NOS and Proposed a complaint of discrimination based on fee has been a long standing practice at
NOS Package also are available on race, color, sex (including sexual NSF in limited circumstances related to
BOEM’s Web site at http:// harassment, religion, national origin, the construction and operation of major
www.boem.gov/Sale-226/. disability (physical or mental), reprisal, facility projects. NSF has strengthened
Agency Contact: David Diamond, sexual orientation, gender identity, both the criteria used to establish such
Chief, Leasing Division, status as a parent or genetic information. fees and the controls that may be
david.diamond@boem.gov. This requirement for assurance of non- necessary to ensure that uses of fees are
Dated: September 3, 2015. discrimination is long-standing and consistent with those established
Abigail Ross Hopper, derives from civil rights implementing criteria. These efforts resulted in the
Director, Bureau of Ocean Energy regulations. This information collection revised policy that was sent for public
Management. includes complaint investigations. comment. On June 16, 2015, NSF
[FR Doc. 2015–23105 Filed 9–11–15; 8:45 am] received OMB approval under the
II. Method of Collection
BILLING CODE 4310–MR–P
Paperwork Reduction Act for the Large
Electronic Form. Facilities Manual (3145–0239) which
III. Data included NSF’s final policy on
management fee under Section 4.2.2.2.
NATIONAL AERONAUTICS AND Title: NASA Complaint of
SPACE ADMINISTRATION FOR FURTHER INFORMATION CONTACT:
Discrimination Form.
OMB Number: 2700–XXXX. Suzanne Plimpton on (703) 292–7556 or
[Notice: (15–075)] send email to splimpto@nsf.gov.
Type of review: Existing collection in
use without an OMB control number. Individuals who use a
Notice of Information Collection
Affected Public: Individuals. telecommunications device for the deaf
AGENCY: National Aeronautics and Estimated Number of Respondents: (TDD) may call the Federal Information
Space Administration (NASA). 85. Relay Service (FIRS) at 1–800–877–
ACTION: Notice of information collection. Estimated Annual Responses: 80 per 8339, which is accessible 24 hours a
year. day, 7 days a week, 365 days a year
SUMMARY: The National Aeronautics and (including federal holidays).
Estimated Time per Response: 30
Space Administration, as part of its SUPPLEMENTARY INFORMATION: The
minutes.
continuing effort to reduce paperwork Estimated Total Annual Burden following final Management Fee Policy
and respondent burden, invites the Hours: 60 hours. can be found in NSF’s Large Facilities
general public and other Federal Estimated Total Annual Cost: Manual:
agencies to take this opportunity to $500.00.
comment on proposed and/or 4.2.2.2 Management Fee
continuing information collections, as IV. Request for Comments Management fee is an amount of
required by the Paperwork Reduction Comments are invited on: (1) Whether money paid to a recipient in excess of
Act of 1995 (Pub. L. 104–13, 44 U.S.C. the proposed collection of information a cooperative agreement’s or cooperative
3506(c)(2)(A)). is necessary for the proper performance support agreement’s allowable costs.
DATES: All comments should be of the functions of NASA, including Generally, NSF does not permit the
submitted within 30 calendar days from whether the information collected has payment of fee (profit) to organizations
the date of this publication. practical utility; (2) the accuracy of under financial assistance. However, a
ADDRESSES: Interested persons are NASA’s estimate of the burden management fee may be authorized for
tkelley on DSK3SPTVN1PROD with NOTICES
invited to submit written comments (including hours and cost) of the awards in the limited circumstances of
regarding the proposed information proposed collection of information; (3) construction or operations of a large
collection to the Office of Information ways to enhance the quality, utility, and facility as the responsible organization
and Regulatory Affairs, Office of clarity of the information to be is likely to incur certain legitimate
Management and Budget, 725 7th Street collected; and (4) ways to minimize the business expenses that may not be
NW., Washington, DC 20543. Attention: burden of the collection of information reimbursable under the governing cost
Desk Officer for NASA. on respondents, including automated principles. NSF provides for a
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![Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices 55153
management fee in these limited the following are examples of expenses NUCLEAR REGULATORY
circumstances, as appropriate, that are not appropriate uses of a COMMISSION
recognizing that the awardee would management fee:
[Docket Nos. 50–336 and EA–13–188; NRC–
only incur such expenses as a result of 2015–0217]
its support of the NSF-funded activity. Æ Alcoholic beverages
Prior Approval of Management Fees— Æ Tickets to concerts, sporting and In the Matter of Dominion Nuclear
A management fee proposal must be other events Connecticut, Inc. (Millstone Power
submitted to NSF that provides Æ Vacation or other travel for non- Station Unit 2)
sufficient visibility into each expense
business purposes AGENCY: Nuclear Regulatory
category to identify its intended
purpose. Agreement on management fee Æ Social or sporting club memberships Commission.
amounts shall be completed and a Æ Meals or social activities for non- ACTION: Confirmatory order; issuance.
specific dollar amount established prior business purposes
to the initiation of work under an SUMMARY: The U.S. Nuclear Regulatory
Æ Meals or social activities for business Commission (NRC) and the Dominion
award, or any subsequent period not
authorized as part of the initial award. purposes that are so extravagant as to Nuclear Connecticut, Inc. (DNC)
Any amount negotiated shall be constitute entertainment engaged in mediation as part of the
expressly set forth in the terms and Æ Luxury or personal items NRC’s Alternative Dispute Resolution
conditions of the award. Awardees may Program which resulted in a settlement
Æ Lobbying as set forth at 2 CFR agreement as reflected in the
draw down the management fee in 200.450 and FAR 31.205–22, as
proportion to the amount incurred confirmatory order relating to Millstone
appropriate to the recipient type Unit 2.
during the performance period. Fee
established for a period longer than one In addition, costs incurred under the DATES: Effective Date: August 26, 2015.
year shall be subject to adjustment in award that are otherwise allowable ADDRESSES: Please refer to Docket ID
the event of a significant change to the under the governing cost principles NRC–2015–0217 when contacting the
budget or work scope. must be classified as direct or indirect NRC about the availability of
The following expense categories will charges to the award and shall not be information regarding this document.
be used in the negotiation and award of included as proposed management fee You may obtain publicly-available
a management fee: elements. information related to this document
• Working capital necessary to fund using any of the following methods:
operations under an award—An amount Documentation Requirements on Use • Federal Rulemaking Web site: Go to
for working capital may be necessary to of Management Fees—Even though the http://www.regulations.gov and search
ensure a level of retained earnings management fee represents an amount for Docket ID NRC–2015–0217. Address
available to the organization in order to in excess of allowable cost and is questions about NRC dockets to Carol
secure credit and borrowing to assure therefore not subject to the governing Gallagher; telephone: 301–415–3463;
the financial health of the organization. cost principles, NSF, as a matter of email: Carol.Gallagher@nrc.gov. For
• Facilities capital necessary to policy, has determined that review of questions about this Order, contact the
acquire assets for performance—An appropriate use of such funds is individual listed in the FOR FURTHER
amount for facilities capital may be necessary. Information available on INFORMATION CONTACT section of this
necessary to allow the organization to actual uses of management fee document.
acquire major assets and to address previously awarded by NSF in the • NRC’s Agencywide Documents
expenses that require immediate preceding five-year period under any Access and Management System
substantive financial outlays but that are award shall be included in the (ADAMS): You may obtain publicly-
only reimbursed through depreciation available documents online in the
proposing organization’s fee proposal.
or amortization over a period of years. ADAMS Public Documents collection at
As a term and condition of the award,
• Other ordinary and necessary http://www.nrc.gov/reading-rm/
the awardee will be required to provide adams.html. To begin the search, select
expenses for business operations that
are not otherwise reimbursable under information (typically annually) on the ‘‘ADAMS Public Documents’’ and then
the governing cost principles—An actual use(s) of the management fee. select ‘‘Begin Web-based ADAMS
amount for other expenses that are NSF will conduct reviews of this Search.’’ For problems with ADAMS,
ordinary and necessary but not information regarding the extent to please contact the NRC’s Public
otherwise reimbursable may be which the awardee fee proposals have Document Room (PDR) reference staff at
necessary to provide a reasonable proven reliable when compared with 1–800–397–4209, 301–415–4737, or by
allowance for management initiative actual uses of management fee (both as email to pdr.resource@nrc.gov. The
and investments that will directly or to the fee amount as well as the planned ADAMS accession number for each
indirectly benefit the NSF-funded uses of the fee). Unexplained failure to document referenced (if it available in
activity. Inclusion of amounts under reasonably adhere to planned uses of fee ADAMS) is provided the first time that
this category warrants careful will result in reduction of future a document is referenced.
consideration of the benefits that may be management fee amounts under the • NRC’s PDR: You may examine and
obtained when providing management award. purchase copies of public documents at
fee. Examples of potential appropriate the NRC’s PDR, Room O1–F21, One
Dated: September 9, 2015. White Flint North, 11555 Rockville
needs include expenses related to
Suzanne H. Plimpton,
tkelley on DSK3SPTVN1PROD with NOTICES
contract terminations and losses, certain Pike, Rockville, Maryland 20852.
appropriate educational and public Reports Clearance Officer, National Science FOR FURTHER INFORMATION CONTACT:
outreach activities, and financial Foundation. Richard Guzman, Office of Nuclear
incentives to obtain and retain high [FR Doc. 2015–23015 Filed 9–11–15; 8:45 am] Reactor Regulation, U.S. Nuclear
caliber staff. BILLING CODE 7555–01–P Regulatory Commission, Washington,
• Prohibited Use of Management DC 20555–0001; telephone: 301–415–
Fees—Although not an exhaustive list, 1030, email: Richard.Guzman@nrc.gov.
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Document Created: 2018-02-26 10:14:51
Document Modified: 2018-02-26 10:14:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Suzanne Plimpton on (703) 292-7556 or send email to [email protected] Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339, which is accessible 24 hours a day, 7 days a week, 365 days a year (including federal holidays). | |
| FR Citation | 80 FR 55152 |
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