(a)(No change.)
(b)For purposes of the certification required by subsection
(a) of this section, a Grant Recipient that is a public or private
institution of higher education, as defined by §61.003, Texas
Education Code, may credit toward the Grant Recipient's Matching Funds
obligation the dollar amount equivalent to the difference between
the indirect cost rate authorized by the federal government for research
grants awarded to the Grant Recipient and the five percent (5%) Indirect
Cost limit imposed by §102.203(c), Texas Health and Safety Code,
subject to the following requirements:
(1)The Grant Recipient shall file certification with
the Institute documenting the federal indirect cost rate authorized
for research grants awarded to the Grant Recipient;
(2)To the extent that the Grant Recipient's Matching
Funds credit does not equal or exceed one-half of the Grant Award
funds to be distributed for the Project Year, then the Grant Recipient's
Matching Funds certification shall demonstrate that a combination
of the dollar amount equivalent credit and the funds to be dedicated
to the Grant Award project as described in subsection (c) of this
section is available and sufficient to meet or exceed the Matching
Fund requirement; [and]
(3)Calculation of the portion of federal indirect
cost rate credit associated with subcontracted work performed for
the Grant Recipient shall be in accordance with the Grant Recipient's
established internal policy ; and[.]
(4)If the Grant Recipient's federal
indirect cost rate changes less than six months following the anniversary
of the Effective Date of the Grant Contract, then the Grant Recipient
may use the new federal indirect cost rate for the purpose of calculating
the Grant Recipient's Matching Funds credit for the entirety of the
Project Year.
(c)For purposes of the certification required by subsection
(a) of this section, Encumbered Funds may include:
(1)Federal funds, including, but not limited to American
Recovery and Reinvestment Act of 2009 funds, and the fair market value
of drug development support provided to the recipient by the National
Cancer Institute or other similar programs;
(2)State of Texas funds;
(3)funds of other states;
(4)Non-governmental funds, (including private funds,
foundation grants, gifts and donations; [and]
(5)Unrecovered Indirect Costs not to exceed ten percent
(10%) of the Grant Award amount, subject to the following conditions:
(A)These costs are not otherwise charged against the
Grant Award as the five percent (5%) indirect funds amount allowed
under §703.12(c) of this chapter (relating to Limitation on Use
of Funds);
(B)The Grant Recipient must have a documented federal
indirect cost rate or an indirect cost rate certified by an independent
accounting firm; and
(C)The Grant Recipient is not a public or private
institution of higher education as defined by §61.003 of the
Texas Education Code; and [.]
(6)Funds contributed by a subcontractor
or subawardee and spent on the Grant Project, so long as the subcontractor's
or subawardee's portion of otherwise allowable Matching Funds for
a Project Year may not exceed the percentage of the total Grant Funds
paid to the subcontractor or subawardee for the same Project Year.
(d) - (j)(No change.)
The agency certifies that legal counsel has
reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on December 11, 2014
TRD-201405967 Heidi McConnell
Chief Operating Officer
Cancer Prevention and Research Institute of Texas
Earliest possible date of adoption: January 25, 2015
For further information, please call: (512) 463-3190
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