Research Terms and Conditions Appendix A

Prior Approval Matrix
November 12, 2020
  Reference RTC Overlay NSF DOE NIH USDA NIFA DOC NASA DHS-GFAD DHS-FEMA
Prior Written Approval (prior approval)* 200.407
Use of grant agreements (including fixed amount awards), cooperative agreements, and contracts 200.407(a)
Changes in principal investigator (PI), project leader, project partner, or scope of effort. 200.201(b)(5) Required Required Required Required Required Required Required Required Required
Cost sharing or matching 200.407(b)
Use of unrecovered indirect costs, including indirect costs on cost sharing or matching. 200.306(c) Waived Waived Waived Waived Waived 15 Waived Waived Required Waived
Use of current fair market value to determine the value of non-Federal entity contributions of services and donations of property for the purposes of cost sharing or matching. 200.306(d)(2) Waived Waived Waived Waived Waived Waived Waived Waived Waived
Costs of the fair market value of equipment or other capital assets and fair rental charges for land when the Federal award supports activities that require use of equipment, buildings or land. 200.306(h)(2) Required Required Required Required Required Required Required Required Required
Program Income 200.407(c)
Use of program income during the period of performance (additive method). 200.307(e)(2) Waived Waived Waived Waived 5 Waived Waived Waived 20 Waived Waived
Revision of budget and program plans 200.407(d)
Change in the scope or the objective of the project or program. 200.308(c)(1) Required Required Required Required Required Required Required Required Required
Change in a key person specified in the application or Federal award. 200.308(c)(2) Required Required 14 Required Required Required Required Required Required Required
Disengagement from the project for more than three months, or a 25 percent reduction in time devoted to the project by the approved Project Director (PD) or PI. 200.308(c)(3) Required Required 14 Required Required 6 Required Required Required 21 Required Required
Inclusion, unless waived, of costs that require prior approval in accordance with Subpart E -- Cost Principles. 200.308(c)(4) Required Waived 1 Required Waived 7 Required Required Required Required Required
Transfer of funds budgeted for participant support costs to other categories of expense. 200.308(c)(5) Required Required 2 Required Waived 8 Required Required Required Required Required
Subawarding, transferring or contracting out of any work under a Federal award, including fixed amount subawards as decribed in 200.333. This provision does not apply to the acquisition of supplies, material, equipment or general support services. 200.308(c)(6) Required Required Required Waived 9 Waived 16 Required Required Required Required
Changes in the approved cost-sharing or matching provided by the non-Federal entity. 200.308(c)(7) Required Required Required Required Waived 17 Required Required Required Required
Need for additional Federal funds to complete the project. 200.308(c)(8) Required Required Required Required Required Required Required Required Required
Incur project costs 90 calendar days before the Federal awarding agency makes the Federal award. 200.308(e)(1) Waived Waived Waived Waived Waived Waived Waived Required Waived
Incur project costs more than 90 calendar days pre-award. 200.308(e)(1) Required Required Required Required Required Required Required Required Required
Initiate a one-time extension of the period of performance by up to 12 months. 200.308(e)(2) Waived Waived Waived Waived Waived Waived Waived Required Waived
Subsequent no-cost extension or extension of more than 12 months. 200.308(e)(2) Required Required Required Required Required Required Required Required Required
Carry-forward of unobligated balances to subsequent budget periods. 200.308(e)(3) Waived Waived Waived Waived 10 Waived Waived Waived Required Waived
Transfer amounts budgeted for indirect costs to absorb increases in direct costs, or vice versa. 200.308(e)(4) Waived Waived Waived Waived 11 Waived Waived Waived Required Waived
Restrict the transfer of funds among direct cost categories or programs, functions and activities for Federal awards in which the Federal share of the project exceeds the simplified acquisition threshold and the cumulative amount of such transfers exceeds or is expected to exceed 10 percent of the total budget as last approved by the Federal awarding agency. 200.308(f) Waived Waived Waived Waived 11 Waived Waived Waived 22, 23 Required Waived
Making any fund or budget transfers between construction and non-construction work. 200.308(h)(5) Required Required Required Required Required Required Required Required Required
Real Property 200.407(e)
Encumber real property acquired with Federal funds. 200.311(b) Required Required Required Required Required Required Required Required Required
Transfer of title to the Federal awarding agency or to a third party. 200.311(c)(3) Required Required Required Required Required Required Required Required Required
Special arrangements and alterations costs incurred specifically for a Federal award. 200.462(a) Required Required 3 Required Waived 12 Required Required Required Required Required
Equipment 200.407(f)
Encumber equipment acquired with Federal funds. 200.313(c)(1) Required Required Required Required Required Required 19 Required Required Required
Fixed amount subawards 200.407(g)
Subawards based on fixed amounts up to the Simplified Acquisition Threshold, provided that the subawards meet the requirements for fixed amount awards in 200.201. 200.333 Required Required Required Required Required Required Required Required Waived
Direct Costs 200.407(h)
Direct charge the salaries of administrative and clerical staff if all conditions in 200.413 are met, excluding 200.413(c)(3). 200.413(c) Waived Required Waived Waived Waived Waived Waived Waived Waived
Compensation -- personal services, paragraph (h) 200.407(i)
Directly charge payments of incidental activities for which supplemental compensation is allowable under written institutional policy (at a rate not to exceed institutional base salary). 200.430(h)(1)(ii) Waived Waived Waived Waived Waived Waived Waived Waived Waived
Faculty salary in excess of Institutional Base Salary (IBS). 200.430(h)(2) Required Required Required Required Required Required Required Required Required
Intra-IHE faculty consulting on a Federal award that exceed a faculty member's base salary. 200.430(h)(3) Waived Waived Waived Waived Waived Waived Waived Required Waived
Compensation -- fringe benefits 200.407(j)
Severance payments to foreign nationals employed by the non-Federal entity outside the US that exceed the amounts customary in the US. 200.431(i)(4) Required Required Required Required Required Required Required Required Required
Severance payments to foreign nationals employed by the non-Federal entity outside the US due to termination of the foreign national as a result of the closing of, or curtailment of activities by, the non-Federal entity in that country. 200.431(i)(5) Required Required Required Required Required Required Required Required Required
Entertainment costs 200.407(k)
Inclusion of costs of entertainment, including amusement, diversion, and social activities and any associated costs that have a programmatic purpose. 200.438 Required Required Required Required Required Required Required Required Required
Equipment and other capital expenditures 200.407(l)
Direct charge capital expenditures for general purpose equipment. 200.439(b)(1) Waived Waived Waived Waived 11 Waived 18 Waived Waived 22, 24 Waived Waived
Direct charge capital expenditures for buildings and land use. 200.439(b)(1) Required Required Required Required Required Required Required Required Required
Direct charge capital expenditures for special purpose equipment over $5,000. 200.439(b)(2) Waived Waived Waived Waived 11 Waived Waived Waived 22, 24 Waived Waived
Capital expenditures for improvements to land, buildings, or equipment which materially increase their value or useful life. 200.439(b)(3) Required Required Required Required Required Required Required Required Required
Exchange rates 200.407(m)
Exchange rate fluctuations that result in the need for additional Federal funding, or a reduction in the scope of the project. 200.440(a) Required Required Required Required Required Required Required Required Required
Fines, penalties, damages and other settlements 200.407(n)
Costs resulting from non-Federal entity violations of, alleged violations of, or failure to comply with, Federal, state, tribal, local or foreign laws and regulations. 200.441 Required Required Required Required Required Required Required Required Required
Fund raising and investment management costs 200.407(o)
Fund raising costs for the purposes of meeting the Federal program objectives. 200.442(a) Required Required Required Required Required Required Required Required Required
Goods or services for personal use 200.407(p)
Costs of housing (e.g. depreciation, maintenance, utilities, furnishings, rent, housing allowances and personal living expenses). 200.445(b) Required Required Required Required Required Required Required Required Required
Insurance and indemnification 200.407(q)
Costs of insurance or of contributions to any reserve covering the risk of loss of, or damage to, Federal Government property. 200.447(b)(2) Required Required Required Required Required Required Required Required Required
Memberships, subscriptions, and professional activity costs, paragraph (c) 200.407(r)
Costs of membership in any civic or community organization. 200.454(c) Required Required Required Required Required Required Required Required Required
Organization costs 200.407(s)
Costs such as incorporation fees, brokers' fees, fees to promoters, organizers or management consultants, attorneys, accountants, or investment counselor, whether or not employees of the non-Federal entity in connection with establishment or reorganization. 200.455 Required Required Required Required Required Required Required Required Required
Participant support costs 200.407(t)
Transfer of funds into the participant support cost category. 200.456 Waived Waived 4 Waived Required 13 Waived Waived Waived Required Waived
Transfer of funds budgeted for participant support costs to other categories of expense. 200.308(c)(5) Required Required Required Waived 8 Required Required Required Required Required
Pre-award costs 200.407(u)
Inclusion of allowable pre-award costs. 200.458 Waived Waived Waived Waived Waived Waived Waived Required Waived
Incur project costs 90 calendar days before the Federal awarding agency makes the Federal award. 200.308(e)(1) Waived Waived Waived Waived Waived Waived Waived Required Waived
Incur project costs more than 90 calendar days pre-award. 200.308(e)(1) Required Required Required Required Required Required Required Required Required
Rearrangement and reconversion costs 200.407(v)
Direct charge special arrangements and alterations costs incurred specifically for a Federal award. 200.462(a) Required Required 3 Required Waived 12 Required Required Required Required Required
Selling and marketing costs 200.407(w)
Costs of selling and marketing any products or services of the non-Federal entity (unless allowed under § 200.421). 200.467 Required Required Required Required Required Required Required 25 Required Required
Taxes (including Value Added Tax) 200.407(x)
Use of foreign tax reimbursement for approved activities under the Federal award. 200.470(c) Required Required Required Required Required Required Required Required Required
Travel costs 200.407(y)
Inclusion of travel costs for officials covered by 200.444 General costs of government. 200.474(a) Required Required Required Required Required Required Required Required Required
Travel costs for dependents for travel of duration of six months or more. 200.474(c)(2) Required Required Required Required Required Required Required Required Required
* Any of the authorities may be over-ridden by a special term or condition of award.
1 Except where specified otherwise in this matrix, the terms and conditions of award, or the applicable program solicitation or award notice.
2 This action requires the prior written approval of the cognizant NSF Program Officer.
3 Rearrangement and reconversion costs under $25,000 may be approved by grantees.
4 Unless funds are being moved into the "Other" category of participant support.
5 Waived, funds added to the amount available for the project.
6 Required for the PI and any other individuals specifically named in the Notice of Award.
7 Waived, but costs not specifically covered in Subpart F are subject to the NIH Grants Policy Statement (NIHGPS).
8 Waived, unless change in scope. For the purposes of Kirschstein-National Research Service Award (NRSA) programs, this term does not apply. NIH will continue to use the terms trainees, trainee-related expenses, and trainee travel in accordance with NRSA Regulations. Participant support costs are only allowable when identified in specific Funding Opportunity Announcements (FOAs).
9 Waived unless change in scope and except when subrecipient is foreign.
10 Waived except when Notice of Award indicates prior approval is required.
11 Waived unless change in scope.
12 Waived for alterations and renovations costing up to $500,000, unless change in scope or rebudgeting into A&R exceeds 25% of budget period total. See Rearrangement and Reconversion Costs within NIH Grants Policy Statement Chapter 7.9.1.
13 Required, participant support costs are only allowable when identified in specific Funding Opportunity Announcements (FOAs).
14 This also is required for any co-PI/co-PD on the project.
15 Only if the total amount of indirect costs charged to the project does not exceed the maximum allowed indirect costs or the institution's negotiated indirect cost rate, whichever is less.
16 Waived except when: 1) subaward(s) would be more than 50% of the total dollars of the award or 2) subaward is to a federal agency. In these situations, prior approval is required.
17 Except when the change is a reduction in the amount of approved cost-sharing/match in which case prior approval is required.
18 If the cost of the equipment is appropriately prorated among the activities to be benefitted.
19 Department of Commerce (DOC) permits non-Federal entities to own equipment upon acquisition without conditions or without obligation to the sponsor at termination of project, unless otherwise specified in a specific award condition. DOC permits trade in equipment to buy replacement equipment.
20 With prior approval, may use to meet cost share requirement.
21 Applies to PIs and co-PIs.
22 Waived unless results in a change of scope.
23 Waived unless total cost share amount is reduced from what was approved in budget.
24 Waived if the cost of equipment is appropriately prorated among the activities to be benefitted.
25 Pertains only to items produced under this award in which the Federal share was used for all or part of the development.