Unfortunately A-133 cover audits and A-110 covers cost accounting principles.
While A-133 does stipulate that F&A costs are to be reviewed under the cognizant
agency, there is also a requirement that the department performing the audit not
be the one with whom the F&A negotiated rate agreement was done.  Therefore, you
a probably open to two different interpretations as to what costs are allowable
and unallowable in F&A rate computation.  Usually the negotiated rate agreement
contains a provision that the rates are estimated and that they may be subject
to correction or renegotiation based upon the actual expenditures incurred.
Furthermore, most agreements contain a clause that requires that the records be
maintained for 3 to 5 years after the project period ends.   Which means that
the grant is not closed out until the final audit has been concluded.  Which
actually leaves the negotiated rates subject to change throughout this period.

Thanks,
Terry Edwards

Julia Stewart wrote:

> What about A-122?  Also, I have had A-133 audits where it was required we
> change the rate in the middle of the project year due to a lower
> (provisional) rate being awarded (e.g. grant awarded at 50%, which was the
> rate in effect at the time of issue, but negotiated rate with DHHS awarded
> later at 45.3%). What option applies?
>
> -----Original Message-----
> From: Terry Edwards [mailto:xxxxxx@OCEAN.OTR.USM.EDU]
> Sent: Wednesday, November 11, 1998 11:49 AM
> To: xxxxxx@hrinet.org
> Subject: Re: A-21 &F&A rates for the life of the spon ag
>
> Martha Taylor wrote:
>
>   Dear RESADM-L-ers:
>
>   We have a small difference of opinion here today about A-21 and the
>
>   requirements in section G.7. about fixed F&A rates for the life of a
>
>   sponsored agreement.  I would like to survey the group and ask for a
>
>   response to the following multiple choice question.  How do you handle the
>
>   requirements in G.7. when your rate changes?  (choose one)
>
> It seems clear to me but I felt a need to ask the experts.  Thanks.
>
> I choose:  F.  All of the above.
>
> A.  We leave the rate exactly the way it was at the time the award was
>
> signed and became effective.
>
> Federal agencies shall use the negotiated rates for F&A costs in effect at
> the time of the initial award throughout the life of the sponsored
> agreement.
>
> B.  We change the rate down whenever a new lower rate becomes effective
>
> regardless of what the regulations say or the budget will support.
>
> If negotiated rate agreements do not extend through the life of the
> sponsored agreement at the time of the initial award, then the negotiated
> rate for the last year of the sponsored agreement shall be extended through
> the end of the life of the sponsored agreement.
>
> C. If we know in advance of award acceptance that our rate will change on a
>
> date certain, we negotiate the changes when we negotiate the award and then
>
> change the rate when the rate becomes effective.
>
> When an educational institution does not have a negotiated rate with the
> Federal Government at the time of the award (because the educational
> institution is a new grantee or the parties cannot reach agreement on a
> rate), the provisional rate used at the time of the award shall be adjusted
> once a rate is negotiated and approved by the cognizant agency.
>
> D.  We leave the rate exactly as it was proposed and awarded for all years
>
> until we have to resubmit a competing continuation/renewal proposal.
>
> "Life" for the purpose of this subsection means each competitive segment of
> a project. A competitive segment is a period of years approved by the
> Federal funding agency at the time of the award.
>
> E.  Other: Use your best judgement (please provide brief explanation)
>
> Negotiation of predetermined rates for F&A costs for a period of two to four
> years should be the  norm in those situations where the cost experience and
> other pertinent facts available are deemed sufficient to enable the parties
> involved to reach an informed judgment as to the probable level of F&A costs
> during the ensuing accounting periods.
>
>
>
> Most important thing to remember is: GET IT IN WRITING upfront.
>
> Federal agencies shall use the negotiated rates for F&A costs in effect at
> the time of the initial award throughout the life of the sponsored
> agreement.
> &
> Award levels for sponsored agreements may not be adjusted in future years as
> a result of changes in negotiated rates.
>
>
> CIRCULAR A-21 (REVISED 10/27/98)
> Section G.  Determination and application of F&A cost rate or rates.
> Paragraph 4.  4. Predetermined rates for F&A costs.
> Public Law 87-638 (76 Stat. 437) authorizes the use of predetermined rates
> in determining the  "indirect costs" (F&A costs in this Circular) applicable
> under research agreements with educational institutions. The stated
> objectives of the law are to simplify the administration of cost-type
> research and development contracts (including grants) with educational
> institutions, to facilitate the preparation of their budgets, and to permit
> more expeditious closeout of such  contracts when the work is completed. In
> view of the potential advantages offered by this procedure, negotiation of
> predetermined rates for F&A costs for a period of two to four years should
> be the norm in those situations where the cost experience and other
> pertinent facts available are deemed sufficient to enable the parties
> involved to reach an informed judgment as to the probable level of F&A costs
> during the ensuing accounting periods.
>
> Paragraph 7. Fixed rates for the life of the sponsored agreement.
>
>      a. Federal agencies shall use the negotiated rates for F&A costs in
> effect at the time of the initial award throughout the life of the sponsored
> agreement. "Life" for the purpose of this subsection means each competitive
> segment of a project. A competitive segment is a period of years approved by
> the Federal funding agency at the time of the award. If negotiated rate
> agreements do not extend through the life of the sponsored agreement at the
> time of the initial award, then the negotiated rate for the last year of the
> sponsored agreement shall be extended through the end of the life of the
> sponsored agreement. Award levels for sponsored agreements may not be
> adjusted in future years as a result of changes in negotiated rates.
>
>      b. When an educational institution does not have a negotiated rate with
> the Federal Government at the time of the award (because the educational
> institution is a new grantee or the parties cannot reach agreement on a
> rate), the provisional rate used at the time of the award shall be adjusted
> once a rate is negotiated and approved by the cognizant agency.
>
>