RACO: Reimbursable Agreements Coordination Office

Federal Customer/Sponsor Resources

It is recommended, but not required, that potential NIST customers/sponsors use the Economy Act Template or the NIST Organic Act Federal Template for preparing reimbursable agreements.  These agreement templates are fillable and contain all the information needed to ensure expedited processing and acceptance of reimbursable agreements.  Additionally, Federal customers/sponsors may choose to use the U.S. Government Standard Interagency Agreement (Click here for the form and instructions).   

You may choose to use one of the templates listed above, or an alternate template for your organization.  In either case, please note that in order to complete the reimbursable agreement process, the customer/sponsor will need to provide their NIST contact with the following important information:

1.   The name and contact information of both parties involved in the agreement. Specifically:

• Name and contact information for your organization's Administrative, Financial and Technical representatives.
• Name and contact information for your organization's Legal representative (provide to NIST PI; do not put into agreement).
• Name and contact information for the individual in your organization to whom financial reports will be sent (if required).

2.      A  description of the purpose (a general description of the goods/services for which the customer/sponsor is paying).

3.      Transfer Authority citation: Choose one of the following:

Economy Act 31 USC § 1535, which provides that an agency may place an order with a major organizational unit within the same agency or another agency for goods or services;
 
OR

NIST Organic Act 15 USC § 273, 275a, and 278b, which authorizes NIST to exercise its functions for other organizations and to receive reimbursement or advance payment based upon fixed prices or actual costs;

OR

Your Agency-specific Transfer Authority.

4.     Programmatic Authority This refers to the authority for your agency to engage the activities proposed under the agreement. 

Your NIST contact will provide you with the appropriate citation for NIST's programmatic authority.

5.      Terms and Conditions  This should include:

• The total estimated cost.
• Work to be undertaken and deliverables to be provided.
• A statement is required that "NIST will be reimbursed for all actual costs in providing the contemplated services."
• Contractor language, if contractors will be used in performing work (see section 5(C) of Economy Act Template or section 4(C) of NIST Organic Act Template).
• Financial assistance language, if students or US citizens working under the authority of 15 USC §278g-1 will be used in performing work (see section 5(D) of the Economy Act Template or section 4(D) of the NIST Organic Act Template).
• Financial assistance language if employees or agents of recipients working under a NIST financial assistance award will be used in performing work (see section 5(E) of the Economy Act Template or section 4(E) of the NIST Organic Act Federal Template).

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6.        The duration and termination date of the agreement.

7.     Termination/cancellation clauses.  

The agreement should contain a provision permitting either party to unilaterally cancel/terminate the agreement with advance written notice.

The agreement should also contain the following or equivalent early-termination costs provision: "If [customer/sponsor's organization] terminates the agreement, NIST is authorized to collect costs incurred prior to cancellation of the agreement plus any termination costs".

8.         A dispute-resolution provision (see section 9 of the Economy Act Template or section 8 of the NIST Organic Act Federal Template).

9.        Determination and Finding Statement (Template) is only required of Economy Act agreements.

10.       Accounting Data, such as:

• NIST's and your organizations Treasury Account Symbol (TAS).
• NIST's and your organizations Business Event Type Code (BETC).
• NIST's and your organization's BPN/DUNS code.  These codes do not change.
• NIST's and your organization's Agency Location Code (ALC).

11.       Signature lines for each party to sign the final agreement.