Non-Federal Customer/Sponsor Resources
It is recommended, but not required, that potential NIST customers use the NIST Organic Act Non-Fed Template for Non-Federal domestic sponsors for preparing reimbursable agreements. This NIST agreement template is fillable and contains all the information needed to ensure expedited processing and acceptance of reimbursable agreements.
Customers who choose to use their own format or template may do so, however, please note that in order to complete the reimbursable agreement process, the customer/sponsor must ensure the following information is included:
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 is paying).
3. Transfer authority: 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.
4. NIST programmatic authority citation (NIST Principal Investigator can provide appropriate citation).
5. Terms and Conditions that include:
- The total estimated cost;
- Statement that NIST will be reimbursed for all costs incurred;
- Work to be undertaken and deliverables to be provided;
- Contractor language, if contractors will be used in performing work (see section 4(D) of the NIST Organic Act Non-Fed 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 4(E) of the NIST Organic Act Non-Fed 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 4(F) of the NIST Organic Act Non-Fed Template).
6. The duration and termination date of the agreement.
7. A termination/cancellation clause (a provision permitting either party to unilaterally cancel/terminate the agreement with advance written notice).
8. The agreement should contain the following or equivalent early-termination costs provision, "If [customer's/sponsor's organization] terminates the agreement, NIST is authorized to collect costs incurred prior to cancellation of the agreement plus any termination costs".
9. A dispute-resolution provision (see section 8 of the NIST Organic Act Non-Fed Template).
10. Accounting Data, such as:
- NIST's and your organization's BPN/DUNS code. These codes do not change.
- NIST's and your organization's Employer/Taxpayer Identification Number (EIN/TIN).
11. Signature lines for each party to sign the final agreement.