Sec. 108. Management and oversight of large facilities
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The Director shall maintain a Large Facilities Office within the Office of the Director. The functions of the Large Facilities Office shall be to support the research directorates in the development, implementation, and assessment of major multi-user research facilities, including by— serving as the Foundation’s primary resource for all policy or process issues related to the development and implementation of major multi-user research facilities; serving as a Foundation-wide resource on project management, including providing expert assistance on nonscientific and nontechnical aspects of project planning, budgeting, implementation, management, and oversight; coordinating and collaborating with research directorates to share best management practices and lessons learned from prior projects; and assessing projects during preconstruction and construction phases for cost and schedule risk.
The Director shall appoint a senior agency official within the Office of the Director whose primary responsibility is oversight of major multi-user research facilities. The duties of this official shall include— oversight of the development, construction, and operation of major multi-user research facilities across the Foundation; in collaboration with the directors of the research directorates and other senior agency officials as appropriate, ensuring that the requirements of section 14(a) of the National Science Foundation Authorization Act of 2002 are satisfied; serving as a liaison to the National Science Board for approval and oversight of major multi-user research facilities; and periodically reviewing and updating as necessary Foundation policies and guidelines for the development and construction of major multi-user research facilities.
The Director shall ensure that the Foundation’s policies for developing and managing major multi-user research facility construction costs are consistent with the best practices described in the March 2009 Government Accountability Office Report GAO-09-3SP, or any successor report thereto. Not later than 12 months after the date of enactment of this Act, the Director shall submit to Congress the results of a study and a report reforming the Foundation’s policies on financial management of major multi-user research facilities, including a description of any aspects of the policies that diverge from the best practices recommended in Government Accountability Office Report GAO-09-3SP and the Uniform Guidance in 2 C.F.R. Part 200.
In this paragraph, the term management fee means a portion of an award made by the Foundation for the purpose of covering ordinary and necessary business expenses necessary to maintain operational stability which are not otherwise allowable under Cost Principles Uniform Guidance in 2 C.F.R. part 200, Subpart E, , or any successor regulation thereto. The Foundation may provide management fees under an award only if the awardee has demonstrated that it has limited or no other financial resources for covering the expenses for which the management fees are sought.
The Foundation shall require award applicants to provide income and financial information covering a period of no less than three prior years (or in the case of an entity established less than three years prior to the entity’s application date, the period beginning on the date of establishment and ending on the application date), including cash on hand and net asset information, in support of a request for management fees. The Foundation shall also require awardees to report to the Foundation, within 30 days of receipt, any sources of non-Federal funds received in excess of $50,000 during the award period.
The Foundation shall require awardees to track and report to the Foundation annually all expenses reimbursed or otherwise paid for with management fee funds, in accordance with Federal accounting practices as established in Government Accountability Office Report GAO-12-331G, or any successor report thereto. The Inspector General of the Foundation may audit any Foundation award for compliance with this paragraph. An awardee may not use management fees for— costs allowable under Cost Principles Uniform Guidance in 2 C.F.R. part 200, Subpart E, or any successor regulation thereto; alcoholic beverages; tickets to concerts, or sporting and other entertainment events; vacation or other travel for nonbusiness purposes; charitable contributions; social or sporting club memberships; meals for nonbusiness purposes; luxury or personal items; lobbying, as described in the Uniform Guidance at 2 C.F.R. 200.450; or any other purpose the Foundation determines is inappropriate.
The Foundation shall review management fee usage under each Foundation award on at least an annual basis for compliance with this paragraph and the Foundation’s Large Facilities Manual. Not later than 12 months after the date of enactment of this Act, the Director shall submit to Congress a report describing the Foundation’s policies for developing and managing major multi-user research facility construction costs, including a description of any aspects of the policies that diverge from the best practices recommended in Government Accountability Office Report GAO-09-3SP, or any successor report thereto, and the Uniform Guidance in 2 C.F.R. part 200.
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- 2 CFR 200
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