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Section II — Particulars <br />Limitations: Application of the rates contained in this Agreement is subject to all statutory or <br />administrative limitations on the use of funds, and payments of costs hereunder are subject to the <br />availability of appropriations applicable to a given grant or contract. Acceptance of the rates agreed to <br />herein is predicated on the following conditions: (A) that no costs other than those incurred by the <br />Organization were included in the indirect cost pools as finally accepted, and that such costs are legal <br />obligations of the Organization and allowable under the governing cost principles; (B) the same costs <br />that have been treated as indirect costs are not claimed as direct costs; (C) that similar types of <br />information which are provided by the Organization, and which were used as a basis for acceptance of <br />rates agreed to herein, are not subsequently found to be materially incomplete or inaccurate; and (D) <br />that similar types of costs have been accorded consistent accounting treatment. <br />Accounting Changes: The rates contained in this agreement are based on the organizational structure <br />and the accounting systems in effect at the time the proposal was submitted. Changes in <br />organizational structure or changes in the method of accounting for costs which affect the amount of <br />reimbursement resulting from use of the rates in this agreement, require the prior approval of the <br />responsible negotiation agency. Failure to obtain such approval may result in subsequent audit <br />disallowance. <br />Provisional/Final/Predetermined Rates: A proposal to establish a final rate must be submitted. The <br />awarding office should be notified if the final rate is different from the provisional rate so that <br />appropriate adjustments to billings and charges may be made. Predetermined rates are not subject to <br />adjustment. <br />Fixed Rate: The negotiated fixed rate is based on an estimate of the costs that will be incurred during <br />the period to which the rate applies. When the actual costs for such period have been determined, an <br />adjustment will be made to a subsequent rate calculation to compensate for the difference between the <br />costs used to establish the fixed rate and the actual costs. <br />Notification to Other Federal Agencies: Copies of this document may be provided to other Federal <br />agencies as a means of notifying them of the agreement contained herein. <br />Audit: All costs (direct and indirect, federal and non-federal) are subject to audit. Adjustments to <br />amounts resulting from audit of the cost allocation plan or indirect cost rate proposal upon which the <br />negotiation of this agreement was based may be compensated for in a subsequent negotiation. <br />Reimbursement Ceilings/Limitations on Rates:Awards that include ceiling provisions and statutory/ <br />regulatory requirements on indirect cost rates or reimbursement amounts are subject to the stipulations <br />in the grant or contract agreements. If a ceiling is higher than the negotiated rate in Section I of this <br />agreement, the negotiated rate will be used to determine the maximum allowable indirect cost. <br />ORGANIZATION: Lutheran Social Services of Southern California Page 2 <br />