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**NATIONAL SCIENCE FOUNDATION (NSF)**

**FOREIGN GRANT GENERAL CONDITIONS (FGG)**

**September 2002**

# TABLE OF CONTENTS

# Article Subject

1\. Awardee Responsibilities and Federal Requirements

2\. Prior Approval Requirements

3\. Consultant Services

4\. Equipment

5\. Participant Support Costs

6\. Significant Project Changes

> a\. Transfer of the Project Effort (Subawards)
>
> b\. Change in Objectives or Scope
>
> c\. Absence or Change of Principal Investigator

7\. Travel

8\. Rearrangements and Alterations

9\. Allowable Costs

10\. Payments

11\. Continuing Grants

12\. Annual Project Report Requirements

13\. Final Report Requirements

14\. Information Collection

15\. Copyrightable Material

16\. Program Income

17\. Publications

18\. Patent Rights

19\. Cost-Sharing and Cost-Sharing Records

20\. Audit and Records

21\. Site Visits

22\. Suspension or Termination

23\. Termination Review Procedure

24\. National Security: Classifiable Results Originating Under NSF
Grants

25\. Human Research Subjects

26\. Resolution of Conflicting Conditions

# OTHER CONSIDERATIONS

27\. Liability

28\. Sharing of Findings, Data, and Other Research Products

29\. Government Permits and Activities Carried On Outside the U.S.

**1. Awardee Responsibilities and Federal Requirements**

a\. The awardee has full responsibility for the conduct of the project
or activity supported under this award and for adherence to the award
conditions. Although the awardee is encouraged to seek the advice and
opinion of NSF on special problems that may arise, such advice does not
diminish the awardee\'s responsibility for making sound scientific and
administrative judgments and should not imply that the responsibility
for operating decisions has shifted to NSF. The awardee is responsible
for notifying NSF about: (1) any allegation of research misconduct that
it concludes has substance and requires an investigation in accordance
with NSF misconduct regulations published at 45 CFR 689; or (2) any
significant problems relating to the administrative or financial aspects
of the

award.

b\. By acceptance of this award, the awardee agrees to comply with these
Foreign Grant General Conditions for grants and cooperative agreements
and to the prudent management of all expenditures and actions affecting
the award. Documentation for each expenditure or action affecting this
award must reflect appropriate organizational reviews or approvals that
should be made in advance of the action. Organizational reviews are
intended to help assure that expenditures are allowable, necessary and
reasonable for the conduct of the project, and that the proposed action:

1\. is consistent with award terms and conditions;

2\. is consistent with NSF and awardee policies;

3\. represents effective utilization of resources; and

4.  does not constitute a significant project change (see Article 6).

c\. The awardee is responsible for ensuring that the Principal
Investigator(s) or Project Director(s) receives a copy of the award
conditions, including: the award letter, the budget, these general terms
and conditions, any special terms and conditions and any subsequent
changes in the award conditions. These award conditions are made
available to the awardee by NSF, in electronic form
(<http://www.nsf.gov/home/grants/grants_gac.htm>), and may be
duplicated, copied or otherwise reproduced by the awardee as
appropriate. This provision does not alter the awardee\'s full
responsibility for conduct of the project and compliance with all award
terms and conditions. Award letters are available electronically via the
NSF FastLane System at <http://www.fastlane.nsf.gov/>. Sponsored project
offices are able to view, print and/or download NSF award letters for
their organizations and PIs can access their individual award letters
through use of the FastLane system.

**2. Prior Approval Requirements**

Unless otherwise specified in the award, provisions of these Foreign
Grant General Conditions are applicable for prior agency approval to be
applied only to the activities and expenditures specified below.

a\. Written prior approval from the NSF Grants Officer is required for:

1.  Significant Project Changes:

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(a) transfer of the project effort ( see Article 6),

(b) change in objectives or scope (see Article 6),

(c) absence or change of PI (see Article 6);

(d) change in the amount of cost sharing reflected on Line M of the
    award budget (see Article 19) or

2\. Rearrangements/Alterations aggregating \$25,000 or over
(Construction) (see Article 8).

b\. Written prior approval from the NSF Program Officer is required for
reallocation of funds provided for participant or trainee support costs
(see Article 5)

c\. The prior approval requirements identified above (as well as other
types of award related notifications stipulated in GPM Exhibit III-1)
must be submitted electronically to NSF through use of the NSF FastLane
system at <https://www.fastlane.nsf.gov/>.

**3. Consultant Services**

Payments to individuals for consultant services under this award shall
not exceed the daily equivalent of the then current maximum rate paid to
an Executive Schedule Level IV Federal employee (exclusive of indirect
cost, travel, per diem, clerical services, fringe benefits and
supplies). The most current rate (as well as prior archived rates) is
available on the NSF Web site at:
<http://www.nsf.gov/bfa/cpo/policy/faqs.htm#cons>.

**4. Equipment**

a\. *Purchase*. No item of equipment over \$5,000, other than items
identified in the approved budget, may be purchased without the advance
written approval of the NSF Program Officer.

b\. *Title*. Title to equipment purchased with grant funds shall pass
directly to the Government from the vendor. Within 30 days from the date
of delivery by the vendor, the Grantee shall furnish the NSF Property
Administrator with a full description of the equipment, including model
and serial number, acquisition cost (including transportation charges),
and the date of the acquisition. The Grantee shall be responsible for
property control over Government equipment until such time as it is
disposed of as directed by the Government.

c\. *Disposition*. Upon expiration of the grant, the Grantee shall
provide the NSF Program Officer with a listing of all equipment
purchased with grant funds. This listing should include the acquisition
cost and current estimated value of each piece of equipment as well as a
recommendation from the Grantee regarding appropriate disposition. If
the grantee wishes to retain the property for continued use, the Grantee
should also include a statement of the intended use as well as an
indication of whether it is willing to purchase the equipment from the
Government. Upon consideration of information provided by the grantee
and other relevant information, the Government will determine
appropriate disposition of the equipment and will provide the Grantee
with disposition instructions.

**5. Participant Support Costs**

a\. Participant support costs are direct costs for items such as
stipends or subsistence allowances, travel allowances and registration
fees paid to or on behalf of participants or trainees (but not
employees) in connection with meetings, conferences, symposia or
training projects. (See also GPM Section 618.) Awardee organizations
must account for participant support costs separately. Note: No indirect
costs may be charged against participant support costs (See GPM Section
632.2).

b\. Funds provided for participant support may not be used by grantees
for other categories of expense without the specific prior written
approval of the cognizant NSF Program Officer. Such requests must be
submitted electronically via the NSF FastLane system.

**6. Significant Project Changes**

The awardee is required to obtain prior written approval from the NSF
Grants Officer whenever there are significant changes in the project or
its direction as stipulated below.

a\. Trans*fer of the Project Effort (Subawards*).

1\. NSF authorization to contract or otherwise transfer a significant
part of the research or substantive effort to another organization that
has been disclosed in the proposal is not needed unless approval has
been specifically withheld in the award letter. (See GPM Section 313.)

2\. If it becomes necessary to transfer, by contract or other means, a
significant part of the research or substantive effort after an award
has been made, notification of this intent should be submitted to NSF
electronically via the NSF FastLane system and electronically signed by
an Authorized Organizational Representative (AOR). At a minimum, the
request shall include a clear description of the work to be performed
and the basis for selection of the subawardee (except for
collaborative/joint arrangements; see GPM Section 313 for a definition.)
NSF approval of such changes will be by an amendment to the grant signed
by the NSF Grants Officer.

3\. Grantees shall ensure that the following articles, if applicable,
flow down to all subawardees, or are appropriately addressed in the
subaward instrument: Articles, 3, 7, 8, 9, 14, 15, 16, 17, 18, 19, 20,
21, 24, 26, 27, and 28, or are appropriately addressed in subawards.

*b. Change in Objectives or Scope*. A proposed change in the phenomenon
or phenomena under study or the objectives of the project stated in the
proposal or agreed modifications thereto should be communicated to NSF
via use of the FastLane notification and request module
https://www.fastlane.nsf.gov/. NSF approval of such changes will be by
an amendment to the award signed by the NSF Grants Officer.

c\. *Absence or Change of Principal Investigator*. If a named Principal
Investigator or Project Director plans to or becomes aware that he or
she will: (1) devote substantially less effort to the work than
anticipated in the approved proposal (defined as a reduction of 25% or
more in time); (2) sever his or her connection with the awardee
organization; or (3) be absent for a continuous period of three months
or more, or otherwise relinquish active direction of the project, he or
she shall advise both the NSF Program Officer and awardee\'s Authorized
Organizational Representative via use of the NSF FastLane notification
and request module. Action appropriate to the situation will be
initiated in accordance with the guidelines described in GPM Section
312.

**7. Travel**

a\. *Allowability of Travel Expenses*. Expenses for transportation,
lodging, subsistence and related items incurred by project personnel and
by outside consultants employed on the project (GPM Section 614) who are
in travel status on business related to an NSF-supported project are
allowable as prescribed in the governing cost principles. The
requirements for prior approval detailed in the governing cost
principles are waived.

b\. *Travel support for dependents of key project personnel*. Travel
support for dependents of key project personnel is allowable only under
the following conditions:

1\. the individual is a key person who is essential to the project on a
full-time basis;

2\. the individual's residence away from home and in a foreign country
is for a

continuous period of six months or more and is essential to the
effective performance of the project; and

3\. the dependents' travel allowance is consistent with the policies of
the organization administering the award.

c\. *Use of Foreign-Flag Air Carriers*.

1\. Travel To and From the U.S. Use of a foreign-flag air carrier is
permissible if:

> \(a\) the airport abroad is the traveler\'s origin or destination
> airport, and use of U.S.-flag air carrier service would extend the
> time in a travel status by at least 24 hours more than travel by a
> foreign-flag air carrier; or
>
> \(b\) the airport abroad is an interchange point, and use of U.S.-flag
> air carrier service would increase the number of aircraft changes the
> traveler must make outside of the U.S. by 2 or more, would require the
> traveler to wait four hours or more to make connections at that point,
> or would extend the time in a travel status by at least six hours more
> than travel by a foreign-flag air carrier.

2\. Travel Between Points Outside the U.S. Use of a foreign-flag air
carrier is

permissible if:

> \(a\) travel by a foreign-flag air carrier would eliminate two or more
> aircraft changes en route;
>
> \(b\) travel by a U.S.-flag air carrier would require a connecting
> time of four hours or more at an overseas interchange point; or
>
> \(c\) the travel is not part of the trip to or from the U.S., and use
> of a U.S.-flag air carrier would extend the time in a travel status by
> at least six hours more than travel by a foreign-flag air carrier.

3\. *Short Distance Travel*. For all short distance travel, regardless
of origin and destination, use of a foreign-flag air carrier is
permissible if the elapsed travel time on a scheduled flight from origin
to destination airport by a foreign-flag air carrier is three hours or
less and service by a U.S.-flag air carrier would double the travel
time.

**8. Rearrangements and Alterations**

a\. Rearrangement and alteration costs that do not constitute
construction (i.e., rearrangements and alterations aggregating less than
\$25,000) to adapt space or utilities within a completed structure to
accomplish the objectives of the award, are allowable and approved,
provided:

1\. the building has a usable life consistent with project purposes and
is architecturally suitable for conversion;

2\. the rearrangements and alterations are essential to the project; and

3\. the space involved will be occupied by the project.

b\. Rearrangements and alterations (construction) aggregating \$25,000
or over require the prior written approval of the NSF Grants Officer.

**9. Allowable Costs**

The allowability of costs and cost allocation methods for work performed
under this award, up to the amount specified in the award, shall be
determined in accordance with these Foreign Grant General Conditions in
effect on the effective date of the award and the terms of the award.

**10. Payments**

a\. Foreign awardees may receive payments under this award through one
of the following methods listed below. The awardee may contact the
Division of Financial Management at (703) 292-8280 for additional
information. In all cases an awardee should request payments in amounts
necessary to meet their current needs, pursuant to the procedures
contained in 31 CFR Part 205. The awardee agrees to comply with all
applicable Treasury regulations and National Science Foundation
implementing and reporting procedures, which are outlined in GPM Chapter
IV.

1\. Electronic fund transfers by the Automated Clearing House Payment
System. Requests are made electronically via NSF\'s FastLane Cash
Request System under the Financial Administration function. To
participate in FastLane Cash Request, the awardee must have an account
in a United States bank or use a foreign bank with a branch that is
licensed to operate in the United States. Banking information must be
provided to the NSF Division of Financial Management on form SF3881. The
SF3881, ACH Vendor/Miscellaneous Payment Enrollment Form, may be found
at <http://www.nsf.gov/bfa/cpo/policy/sf3881.xls>

2\. Fedwire Transactions. Grantees are required to mail the form SF270,
Request for Advance or Reimbursement, to the NSF Division of Financial
Management, Room 575 or fax to703-292-9005. After approval, payments are
electronically transmitted to a United States affiliate bank for
subsequent transfer to the awardee\'s bank. The SF270 form may be found
at <http://www.nsf.gov/bfa/cpo/policy/sf270.xls>

3\. United States Treasury Checks. Following receipt and approval of
SF270, Request for Advance or Reimbursement, a United States Treasury
check is mailed to the United States Department of State for transfer to
the United States Embassy of the awardee\'s country.

b\. Awardees are required to maintain advances of Federal funds in
interest-bearing accounts. Interest earned on Federal advances deposited
in interest bearing accounts shall be remitted annually to:

> Department of Health and Human Services
>
> Payment Management System
>
> P.O. Box 6021
>
> Rockville, MD 20852

\* In keeping with Electronic Funds Transfer rules \[31 CFR Part 206\],
interest should be

remitted to the DHHS Payment Management System through an electronic
medium such as the FEDWIRE Deposit System. Awardees that do not have
this capability should use a check. Interest amounts up to \$250 per
year may be retained by the awardee for administrative expenses.
Interest earned on advance payments to other than State agencies shall
be reported to NSF on the Federal Cash Transactions Report, SF 272 (if
payments are made in accordance with paragraph a. above).

**11. Continuing Grants**

Unless otherwise specified, each successive increment of a continuing
grant will be funded at the level indicated in the original grant letter
without a formal request from the awardee provided an annual project
report has been received from the Principal Investigator(s) and accepted
by the NSF Program Officer. Continuing funding is contingent on (1)
availability of funds; (2) satisfactory scientific/technical progress;
and (3) any special conditions of the grant.

**12. Annual Project Report Requirements**

a\. *Submission Requirement*. For standard grants of two or more years
and for continuing or incrementally funded grants, an annual project
report is required.

b\. *Content of Annual Project Reports*. Unless otherwise specified in
the grant, awardees are required to submit annual reports electronically
via the project reporting system in FastLane. The NSF FastLane system
may be accessed at <https://www.fastlane.nsf.gov/>. The content
requirements for annual project reports are specified in the FastLane
system.

c\. *Timing of Annual Project Reports*. Unless otherwise specified in
the award, annual project reports shall be submitted at least three
months prior to the end of the current budget period. Failure to submit
timely reports may delay processing of funding increments.

**13. Final Report Requirements**

a\. *Final Project Report*.

1\. *Submission Requirements*. Unless otherwise specified in the award,
the awardee shall submit a Final Project Report within 90 days following
the expiration of the award.

2\. *Content of Final Project Reports*. Unless otherwise specified in
the award, awardees

shall submit final reports electronically via the project reporting
system in FastLane. The NSF FastLane system may be accessed at
https://www.fastlane.nsf.gov/.

3\. *Additional Requirements*. The awardee also shall provide to the
cognizant NSF

Program Officer, within 90 days following the expiration of the award,
any unique reports or other end products specified in the award (e.g.,
special cost-sharing reports), including report requirements set forth
in any NSF brochure, guide, solicitation, etc., referenced in the award
as being directly related to either the award or administration of this
award.

b\. *Final Expenditure Report*. All awardees shall submit a Federal Cash
Transaction Report (SF-272) by the 10th day of the 2nd month (i.e. Feb.
10, May 10, Aug. 10, and Nov. 10) following the end of each quarter. All
FCTRs must be submitted electronically via use of the Financial
Administration Functions in FastLane available at
https://www.fastlane.nsf.gov/.

**14. Information Collection**

Information collection activities performed under this award are the
responsibility of the awardee, and NSF support of the project does not
constitute NSF approval of the survey design, questionnaire content or
information collection procedures. The awardee shall not represent to
respondents that such information is being collected for or in
association with the National Science Foundation or any other Government
agency without the specific written approval of such information
collection plan or device by the Foundation. However, this requirement
is not intended to preclude mention of NSF support of the project in
response to an inquiry or acknowledgment of such support in any
publication of this information.

**15. Copyrightable Material**

a\. Subject writing means any material that:

1\. is or may be copyrightable under Title 17 of the U.S.C.; and

2\. is produced by the awardee or its employees in the performance of
work under this award.

Subject writings include such items as reports, books, journal articles,
software, databases, sound recordings, videotapes, and videodiscs.

b\. *Copyright Ownership, Government License*. Except as otherwise
specified in the award or by this paragraph, the awardee may own or
permit others to own copyright in all subject writings. The awardee
agrees that if it or anyone else does own copyright in a subject
writing, the Federal government will have a nonexclusive,
nontransferable, irrevocable, royalty-free license to exercise or have
exercised for or on behalf of the U.S. throughout the world all the
exclusive rights provided by copyright. Such license, however, will not
include the right to sell copies or phonorecords of the copyrighted
works to the public.

c\. *Awards Affected by International Agreements*. If the award
indicates it is subject to an identified international agreement or
treaty, NSF can direct the awardee to convey to any foreign participant
or otherwise dispose of such rights to subject writings as are required
to comply with that agreement or treaty.

d\. *Awardee Action to Protect Government Interests*. The awardee agrees
to acquire, through written agreement or an employment relationship, the
ability to comply with the requirements of the preceding paragraphs and,
in particular, to acquire the ability to convey rights in a subject
writing to a foreign participant if directed by NSF under the previous
paragraph. The awardee further agrees that any transfer of copyright or
any other rights to a subject writing, by it or anyone whom it has
allowed to own such rights, will be made subject to the requirements of
this article.

**16. Program Income**

a\. *Definition*. Program income means gross income earned by the
awardee that is directly generated by a supported activity or earned as
a result of the award. Program income includes, but is not limited to,
income from fees for services performed, the use or rental of real or
personal property acquired under the award, the sale of commodities or
items fabricated under the award, license fees and royalties on patents
and copyrights, and interest on loans made with award funds. Interest
earned on advances of Federal funds is not program income. Program
income does not include the receipt of principal on loans, rebates,
credits, discounts, etc., or interest earned on any of them.

b\. *Standard Treatment*. Unless otherwise specified in the award,
program income (except as noted in (1) below) received or accrued to the
awardee during the period of this award shall be retained and added to
the funds committed to the project by NSF and used to further project
objectives. Also, unless otherwise specified, the awardee shall have no
obligation to NSF with respect to: (1) license fees and royalties for
copyrighted material, patents, patent applications, trademarks, and
inventions received or accrued at any time; or (2) program income
received beyond the period of this award.

c\. *Records Retention*. The awardee is required to retain appropriate
financial and other records relating to project income earned during the
award period and for three years beyond the end of the award period.

**17. Publications**

a\. *Acknowledgment of Support*. The awardee is responsible for assuring
that an acknowledgment of NSF support is made:

1\. in any publication (including World Wide Web pages) of any material
based on or

developed under this project, in the following terms:

\"This material is based upon work supported by the National Science
Foundation under Grant No. (NSF grant number).\"

2\. NSF support also must be orally acknowledged during all news media
interviews,

including popular media such as radio, television and news magazines.

b\. *Disclaimer*. The awardee is responsible for assuring that every
publication of material (including World Wide Web pages) based on or
developed under this award, except scientific articles or papers
appearing in scientific, technical or professional journals, contains
the following disclaimer:

> \"Any opinions, findings, and conclusions or recommendations expressed
> in this material are those of the author(s) and do not necessarily
> reflect the views of the National Science Foundation.\"

*c. Copies for NSF*. The awardee is responsible for assuring that two
copies of every publication of material based on or developed under this
award, clearly labeled with the award number and other appropriate
identifying information, are sent to the cognizant NSF Program Officer
promptly after publication.

d\. *Metric System*. All reports and publications resulting from this
NSF award are encouraged to use the metric system of weights and
measures.

**18. Patent Rights**

Unless otherwise provided in the award, if this award is for
experimental, developmental, or research work, the clause found in the
NSF GPM (implementing the Bayh-Dole Act, \[35 U.S.C. 200 et seq.\])
applies \[see GPM Section 731.3.\]
<http://www.nsf.gov/bfa/cpo/gpm95/ch7.htm#ch7-43>. The awardee will
include that clause in all subawards for experimental, developmental, or
research activities.

**19. Cost-Sharing and Cost-Sharing Records**

a\. *General*. The awardee must cost share under this award in
accordance with any specific requirements contained in or referenced by
the applicable program announcement, solicitation or award letter. If
the award has no specific requirements and if the work supported by this
award is for research resulting from an unsolicited proposal, the
awardee may meet the statutory cost-sharing requirement by choosing
either of two alternative methods:

1\. by cost-sharing a minimum of one percent on this project; or

2\. by cost-sharing a minimum of one percent on the aggregate total
costs of all NSF-supported projects requiring cost-sharing.

b\. *Specific Cost Sharing Requirements*.

1\. If the award has specific cost-sharing requirements in excess of the
one percent minimum indicated above, cost-sharing participation in other
projects may not be counted towards meeting the specific cost-sharing
requirements of the award, and must come from non-federal sources,
unless otherwise stated in the applicable program solicitation.

2\. Should the awardee become aware that it may be unable to provide the
cost sharing of at least the amount identified on Line M. of the NSF
award budget, it must: 1) immediately provide written notification to
the Grants Officer of the situation; 2) indicate steps it plans to take
to secure replacement cost sharing; 3) indicate the plans it has to
either continue or phase out the project in the absence of cost sharing.

3\. Should NSF agree to the organization's proposed plans, the NSF
Grants Officer will modify the award accordingly, including, if
appropriate, reducing the amount of NSF support. Should the
organization's plans be unacceptable to NSF, the award may be subject to
termination. NSF modifications to proposed cost sharing revisions are
made on a case-by-case basis.

4\. Failure by the organization to notify NSF, in accordance with
paragraph 2. above, may result in the disallowance of some or all of the
costs charged to the award; the subsequent recovery by NSF of some or
all of the NSF funds provided under the award; possible termination of
the award; and may constitute a violation of the terms of the award so
serious as to provide grounds for subsequent suspension or debarment.

c\. *Cost-Sharing Records*. The awardee must maintain records of all
project costs that are claimed by the awardee as cost-sharing as well as
records of costs to be paid by the Government. Such records are subject
to audit. Acceptable forms of cost-sharing contributions are those which
meet the criteria identified in Section .23 of OMB Circular A-110.
Unless otherwise specified in the award, approval is given to include
unrecovered indirect costs (also known as facilities and administrative
costs for colleges and universities) as part of cost-sharing or matching
contributions. If the awardee\'s cost participation includes in-kind
contributions, the basis for determining the valuation for volunteer
services and donated property must be documented.

d\. *Cost-Sharing Reports*. Unless otherwise required by the award or
requested by NSF, the actual cost participation by the awardee, while
subject to documentation and audit, need not be reported to NSF. In
cases, however, where the cost-sharing amount reflected on Line M of the
cumulative award budget is \$500,000 or more, the amount of cost-sharing
must be documented (on an annual and final basis), certified by the
Authorized Organizational Representative and reported to the NSF program
officer.

e\. *Exemptions from Statutory Cost-Sharing Requirement*. If the award
does not contain or reference any specific cost-sharing requirements and
provides funds solely for the following purposes (not considered to be
in support of "research"), statutory cost-sharing is not required:

1\. international travel;

2\. construction, improvement or operation of facilities;

3\. acquisition of research equipment;

4\. ship operations;

5\. education and training;

6\. publication, distribution and translation of scientific data and
information;

7\. symposia, conferences and workshops;

> and

8\. special studies authorized or required by Subsections 3a(5) through
3a(7) of the NSF Act, as amended.

**20. Audit and Records**

a\. Financial records, supporting documents, statistical records, and
other records pertinent to this award shall be retained by the awardee
for a period of three years from submission of the Final Project Reports
specified in Article 13.

1\. Records that relate to audits, appeals, litigation or the settlement
of claims arising out of the performance of the project shall be
retained until such audits, appeals, litigation or claims have been
disposed of.

2\. Records relating to projects subject to special project income
provisions shall be retained until three years from the end of the
awardee\'s fiscal year in which the award requirement for reporting
income expires.

b\. Unless court action or audit proceedings have been initiated, the
awardee may substitute microfilm copies of original records.

c\. The Director of the National Science Foundation and the Comptroller
General of the U.S., or any of their duly authorized representatives,
shall have access to any pertinent books, documents, papers and records
of the awardee organization and of the performing organization, if
different, to make audits, examinations, excerpts and transcripts.
Further, any negotiated contract in excess of the simplified acquisition
threshold (currently \$100,000) made by the awardee shall include a
provision to the effect that the awardee, the Director of the National
Science Foundation, the Comptroller General of the U.S., or any of their
duly authorized representatives shall have access to pertinent records
for similar purposes.

d\. In order to avoid duplicate record keeping, NSF may make special
arrangements with the awardee to retain any records that are needed for
joint use. NSF may request transfer to its custody of records not needed
by the awardee when it determines that the records possess long-term
retention value. When the records are transferred to or maintained by
NSF the three-year retention requirement is not applicable to the
awardee. In the rare event that this provision is exercised, NSF will
negotiate a mutually agreeable arrangement with the awardee regarding
reimbursement of costs.

**21. Site Visits**

NSF, through authorized representatives, has the right, at all
reasonable times, to make site visits to review project accomplishments
and management control systems and to provide such technical assistance
as may be required. If any site visit is made by NSF on the premises of
the awardee or a contractor under an award, the awardee shall provide
and shall require its contractors to provide all reasonable facilities
and assistance for the safety and convenience of the Government
representatives in the performance of their duties. All site visits and
evaluations shall be performed in such a manner that will not unduly
delay the work.

**22. Suspension or Termination**

a\. Any suspension or termination action taken by NSF must be issued by
an NSF Grants Officer and will be in accordance with this article and
GPM Section 910.

b\. The award may be suspended or terminated in whole or in part in any
of the following situations:

1\. by NSF when the awardee has materially failed to comply with the
terms and

conditions of the award;

2\. by NSF when the Foundation has other reasonable cause;

3\. by NSF when ordered by the Deputy Director under NSF's Regulation on

Misconduct in Science and Engineering \[45 CFR Part 689\];

4\. by NSF and the awardee by mutual agreement (if NSF and the awardee
cannot reach an agreement, NSF reserves the right to unilaterally
terminate the award); or

5\. by the awardee on written notice to NSF setting forth the reasons
for such action, the effective date, and, in the case of partial
termination, the portion to be terminated or suspended (with the
understanding that if NSF determines that the unterminated portion will
not accomplish the purposes of the award, it may suspend or terminate
the entire award).

c\. Normally, action by NSF to suspend or terminate an award will be
taken only after the awardee has been informed by NSF of any deficiency
on its part and given an opportunity to correct it; but NSF may
immediately suspend or terminate the award without notice when it
believes such action is reasonable to protect the interests of the
Government.

d\. No costs incurred during a suspension period or after the effective
date of a termination will be allowable, except those costs which, in
the opinion of NSF, the awardee could not reasonably avoid or eliminate,
or which were otherwise authorized by the suspension or termination
notice, provided such costs would otherwise be allowable under the terms
of the award and these Foreign Grant General Conditions.

e\. Within 30 days of the termination date, the awardee will furnish a
summary of progress under the award and an itemized accounting of costs
incurred prior to the termination date or pursuant to d, above. Final
allowable costs under a termination settlement shall be in accordance
with the terms of the award, including this article, and these Foreign
Grant General Conditions, giving due consideration to the progress under
the award. In no event will the total of NSF payments under a terminated
award exceed the award amount, or the NSF pro rata share of the total
project costs when cost-sharing was anticipated, whichever is less.

f\. A notice of termination other than by mutual agreement and/or the
final settlement amount may be subject to review pursuant to Article 23.

**23. Termination Review Procedure**

a\. A request for review of a notice of termination or settlement should
be addressed to the Director, Division of Grants and Agreements,
National Science Foundation, 4201 Wilson Blvd., Arlington, VA, 22230. It
must be postmarked no later than 30 days after the date of the letter
notifying the awardee of the termination or settlement.

b\. The request for review must contain a full statement of the
awardee\'s position and the pertinent facts and reasons in support of
such position.

c\. Review of a notice of termination or settlement will be conducted in
accordance with GPM Section 923.

d\. Pending resolution of the request for review, the notice of
termination shall remain in effect.

**24. National Security: Classifiable Results Originating Under NSF
Grants**

a\. NSF does not have original classification authority and does not
normally support classified projects. It therefore does not expect that
results of NSF‑supported research projects will be classifiable, except
in very rare instances.

b\. E.O. 12958 (3 CFR 1995 Comp.) states that basic research information
not clearly related to the national security may not be classified.
Nevertheless, some information concerning, among other things,
scientific, technological or economic matters relating to the national
security or cryptology may require classification.

c\. There may be cases when an NSF awardee originates information during
the course of an NSF-supported project that the awardee believes
requires classification under E.O. 12958.

d\. In such a case, the awardee has the responsibility to promptly:

1\. submit the information directly to the government agency with
appropriate subject matter interest and classification authority or, if
uncertain as to which agency should receive the information, to the
Director of the Information Security Oversight Office, GSA;

2\. protect the information as though it were classified until the
grantee is informed that the information does not require
classification, but not longer than 30 days after receipt by the agency
with subject matter interest or by the GSA; and

3\. notify the cognizant NSF Program Officer.

e\. The Executive Order requires the agency with appropriate subject
matter interest and classification authority to decide within 30 days
whether to classify the material. If it determines the information will
require classification, the awardee shall cooperate with that agency,
NSF or other appropriate agencies in securing all related project notes
and papers.

f\. If the information is determined to require classification, the
awardee may wish or need to discontinue the project. (See Article 25 and
GPM 913, "Termination by Mutual Agreement.")

**25. Human Research Subjects**

The awardee is responsible for the protection of the rights and welfare
of any human subjects involved in research, development and related
activities supported by this award. The awardee agrees to comply with
the NSF regulation, entitled, "Protection of Human Subjects \[45 CFR
690\]."

**26. Resolution of Conflicting Conditions**

Should there be any inconsistency between any special conditions
contained in the award and these Foreign Grant General Conditions (FGG),
the special conditions in the award shall control.

Should there be any inconsistency between these Foreign Grant General
Conditions (FGG), any special conditions contained in the award, and any
NSF guides, brochures, etc., cited or included by reference in the
award, the matter should be referred to the NSF Grants Officer for
guidance.

**OTHER CONSIDERATIONS**

**27. Liability**

NSF cannot assume any liability for accidents, illnesses or claims
arising out of any work supported by an award or for unauthorized use of
patented or copyrighted materials. The awardee institution is advised to
take such steps as may be deemed necessary to insure or protect itself,
its employees and its property.

**28. Sharing of Findings, Data, and Other Research Products**

a\. NSF expects significant findings from research and education
activities it supports to be promptly submitted for publication, with
authorship that accurately reflects the contributions of those involved.
It expects investigators to share with other researchers, at no more
than incremental cost and within a reasonable time, the data, samples,
physical collections and other supporting materials created or gathered
in the course of the work. It also encourages awardees to share software
and inventions or otherwise act to make the innovations they embody
widely useful and usable.

b\. Adjustments and, where essential, exceptions may be allowed to
safeguard the rights of individuals and subjects, the validity of
results, or the integrity of collections or to accommodate legitimate
interests of investigators.

**29. Government Permits and Activities Carried On Outside the U.S.**

a\. For awards that include activities requiring permits from
appropriate Federal, state, or local government authorities, the awardee
should obtain any required permits prior to undertaking the proposed
activities.

b\. The awardee should assure that award activities carried on outside
the U.S. are coordinated as necessary with appropriate U.S. and foreign
government authorities and that necessary licenses, permits or approvals
are obtained prior to undertaking proposed activities. NSF does not
assume responsibility for awardee compliance with the laws and
regulations of the country in which the work is to be conducted.