CMS-07-021/023 - Los Angeles County Department of Children and ...

already required or maintained. Also, when conditions (1) and (2) are met, the
absence of time logs, calendars, or similar records will not serve as a basis
for disallowing costs by contesting estimates of lobbying time spent by
employees during a calendar month.
(5) Agencies shall establish procedures for resolving in advance, in
consultation with OMB, any significant questions or disagreements concerning the
interpretation or application of paragraph 25. Any such advance resolution shall
be binding in any subsequent settlements, audits or investigations with respect
to that grant or contract for purposes of interpretation of this Circular;
provided, however, that this shall not be construed to prevent a contractor or
grantee from contesting the lawfulness of such a determination.
d. Executive lobbying costs. Costs incurred in attempting to
improperly influence either directly or indirectly, an employee or officer of
the Executive Branch of the Federal Government to give consideration or to act
regarding a sponsored agreement or a regulatory matter are unallowable. Improper
influence means any influence that induces or tends to induce a Federal employee
or officer to give consideration or to act regarding a federally-sponsored
agreement or regulatory matter on any basis other than the merits of the matter.
26. Losses on other sponsored agreements or contracts. Any excess of costs
over income on any award is unallowable as a cost of any other award. This
includes, but is not limited to, the organization's contributed portion by
reason of cost sharing agreements or any under-recoveries through negotiation of
lump sums for, or ceilings on, indirect costs.
27. Maintenance and repair costs. Costs incurred for necessary maintenance,
repair, or upkeep of buildings and equipment (including Federal property unless
otherwise provided for) which neither add to the permanent value of the property
nor appreciably prolong its intended life, but keep it in an efficient operating
condition, are allowable. Costs incurred for improvements which add to the
permanent value of the buildings and equipment or appreciably prolong their
intended life shall be treated as capital expenditures (see paragraph 15).
28. Materials and supplies costs.
a. Costs incurred for materials, supplies, and fabricated parts necessary
to carry out a Federal award are allowable.
b. Purchased materials and supplies shall be charged at their actual
prices, net of applicable credits. Withdrawals from general stores or
stockrooms should be charged at their actual net cost under any recognized
method of pricing inventory withdrawals, consistently applied. Incoming
transportation charges are a proper part of materials and supplies costs.
c. Only materials and supplies actually used for the performance of a
Federal award may be charged as direct costs.
d. Where federally-donated or furnished materials are used in performing
the Federal award, such materials will be used without charge.
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