[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR34.13]



[Page 209-211]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 34_ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH 

FOR-PROFIT ORGANIZATIONS--Table of Contents

 

                    Subpart B_Post-award Requirements

 

Sec.  34.13  Cost sharing or matching.



    (a) Acceptable contributions. All contributions, including cash 

contributions and third party in-kind contributions, shall be accepted 

as part of the recipient's cost sharing or matching when such 

contributions meet all of the following criteria:

    (1) They are verifiable from the recipient's records.



[[Page 210]]



    (2) They are not included as contributions for any other federally-

assisted project or program.

    (3) They are necessary and reasonable for proper and efficient 

accomplishment of project or program objectives.

    (4) They are allowable under Sec.  34.17.

    (5) They are not paid by the Federal Government under another award, 

except:

    (i) Costs that are authorized by Federal statute to be used for cost 

sharing or matching; or

    (ii) Independent research and development (IR&D) costs. In 

accordance with the for-profit cost principle in 48 CFR 31.205-18(e), 

use of IR&D as cost sharing is permitted, whether or not the Government 

decides at a later date to reimburse any of the IR&D as allowable 

indirect costs. In such cases, the IR&D must meet all of the criteria in 

paragraphs (a) (1) through (4) and (a) (6) through (8) of this section.

    (6) They are provided for in the approved budget, when approval of 

the budget is required by the DoD Component.

    (7) If they are real property or equipment, whether purchased with 

recipient's funds or donated by third parties, they must have the grants 

officer's prior approval if the contributions' value is to exceed 

depreciation or use charges during the project period (paragraphs (b)(1) 

and (b)(4)(ii) of this section discuss the limited circumstances under 

which a grants officer may approve higher values). If a DoD Component 

requires approval of a recipient's budget (see paragraph (a)(6) of this 

section), the grants officer's approval of the budget satisfies this 

prior approval requirement, for real property or equipment items listed 

in the budget.

    (8) They conform to other provisions of this part, as applicable.

    (b) Valuing and documenting contributions--(1) Valuing recipient's 

property or services of recipient's employees. Values shall be 

established in accordance with the applicable cost principles in Sec.  

34.17, which means that amounts chargeable to the project are determined 

on the basis of costs incurred. For real property or equipment used on 

the project, the cost principles authorize depreciation or use charges. 

The full value of the item may be applied when the item will be consumed 

in the performance of the award or fully depreciated by the end of the 

award. In cases where the full value of a donated capital asset is to be 

applied as cost sharing or matching, that full value shall be the lesser 

of the following:

    (i) The certified value of the remaining life of the property 

recorded in the recipient's accounting records at the time of donation; 

or

    (ii) The current fair market value. However, when there is 

sufficient justification, the grants officer may approve the use of the 

current fair market value of the donated property, even if it exceeds 

the certified value at the time of donation to the project. The grants 

officer may accept the use of any reasonable basis for determining the 

fair market value of the property.

    (2) Valuing services of others' employees. When an employer other 

than the recipient furnishes the services of an employee, those services 

shall be valued at the employee's regular rate of pay plus an amount of 

fringe benefits and overhead (at an overhead rate appropriate for the 

location where the services are performed) provided these services are 

in the same skill for which the employee is normally paid.

    (3) Valuing volunteer services. Volunteer services furnished by 

professional and technical personnel, consultants, and other skilled and 

unskilled labor may be counted as cost sharing or matching if the 

service is an integral and necessary part of an approved project or 

program. Rates for volunteer services shall be consistent with those 

paid for similar work in the recipient's organization. In those 

instances in which the required skills are not found in the recipient 

organization, rates shall be consistent with those paid for similar work 

in the labor market in which the recipient competes for the kind of 

services involved. In either case, paid fringe benefits that are 

reasonable, allowable, and allocable may be included in the valuation.

    (4) Valuing property donated by third parties. (i) Donated supplies 

may include such items as office supplies or laboratory supplies. Value 

assessed to donated supplies included in the cost



[[Page 211]]



sharing or matching share shall be reasonable and shall not exceed the 

fair market value of the property at the time of the donation.

    (ii) Normally only depreciation or use charges for equipment and 

buildings may be applied. However, the fair rental charges for land and 

the full value of equipment or other capital assets may be allowed, when 

they will be consumed in the performance of the award or fully 

depreciated by the end of the award, provided that the grants officer 

has approved the charges. When use charges are applied, values shall be 

determined in accordance with the usual accounting policies of the 

recipient, with the following qualifications:

    (A) The value of donated space shall not exceed the fair rental 

value of comparable space as established by an independent appraisal of 

comparable space and facilities in a privately-owned building in the 

same locality.

    (B) The value of loaned equipment shall not exceed its fair rental 

value.

    (5) Documentation. The following requirements pertain to the 

recipient's supporting records for in-kind contributions from third 

parties:

    (i) Volunteer services shall be documented and, to the extent 

feasible, supported by the same methods used by the recipient for its 

own employees.

    (ii) The basis for determining the valuation for personal services 

and property shall be documented.