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<section article="gsf" article_name="State Finance and Procurement" number="2-208" title_number="2" title_name="General Provisions" subtitle_number="2" subtitle_name="Gifts and Grants">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Indirect costs” means any costs that would be considered to be indirect costs under OMB Uniform Guidance.</text>
    </level>
    <level label="3">
      <text>“Nonprofit organization” means an organization that is tax exempt under § 501(c)(3), (4), or (6) of the Internal Revenue Code.</text>
    </level>
    <level label="4">
      <text>“OMB Uniform Guidance” means the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards adopted by the Office of Management and Budget in 2 C.F.R. 200 and any related guidance published by the Office of Management and Budget.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>This section applies only to:</text>
      <level label="i">
        <text>a grant or contract awarded on or after October 1, 2018;</text>
      </level>
      <level label="ii">
        <text>a multi–year grant or contract awarded before October 1, 2018, if:</text>
        <level label="1">
          <text>the grant or contract continues to be in effect on or after October 1, 2018; and</text>
        </level>
        <level label="2">
          <text>funding for the grant or contract is required to be authorized separately for each fiscal year; and</text>
        </level>
      </level>
      <level label="iii">
        <text>an extension or a renewal of a grant or contract if the extension or renewal is awarded on or after July 1, 2019.</text>
      </level>
    </level>
    <level label="2">
      <text>This section applies whether or not the funds awarded through the grant or contract are transferred directly by the State or through a third party to the nonprofit organization.</text>
    </level>
    <level label="3">
      <text>This section does not require the reimbursement of indirect costs incurred under a multi–year grant or contract described under paragraph (1)(ii) of this subsection during any fiscal year that begins before July 1, 2019.</text>
    </level>
  </level>
  <level label="c">
    <text>If a nonprofit organization is a direct recipient or subrecipient of a grant or contract for the provision of services that is funded wholly with State funds or with a combination of State and other nonfederal funds, the terms of the grant or contract shall allow for reimbursement of indirect costs:</text>
    <level label="1">
      <text>at the same rate the nonprofit organization has negotiated and received:</text>
      <level label="i">
        <text>for indirect costs under a direct federal award; or</text>
      </level>
      <level label="ii">
        <text>from a nonfederal entity based on the cost principles in Subpart E of OMB Uniform Guidance; or</text>
      </level>
    </level>
    <level label="2">
      <text>if the nonprofit organization has not negotiated and received an indirect cost rate described in item (1) of this subsection, at a rate equal to the greater of the de minimis rate established in Subpart E of OMB Uniform Guidance or 15% of the costs that would be considered modified total direct costs under OMB Uniform Guidance.</text>
    </level>
  </level>
</section>
