[Code of Federal Regulations]
[Title 10, Volume 4, Parts 500 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR600.5]

[Page 85-86]
 
                            TITLE 10--ENERGY
 
               CHAPTER II--DEPARTMENT OF ENERGY--CONTINUED
 
PART 600--FINANCIAL ASSISTANCE RULES--Table of Contents
 
                           Subpart A--General
 
Sec. 600.5  Selection of award instrument.

    (a) If DOE has administrative discretion in the selection of the 
award instrument, the DOE decision as to whether the relationship is 
principally one of procurement or financial assistance shall be made 
pursuant to the Federal Grant and Cooperative Agreement Act as codified 
at 31 U.S.C. 6301-

[[Page 86]]

6306. A grant or cooperative agreement shall be the appropriate 
instrument, in accordance with this part, when the principal purpose of 
the relationship is the transfer of money or property to accomplish a 
public purpose of support or stimulation authorized by Federal statute. 
In selecting the type of financial assistance instrument, DOE shall 
limit involvement between itself and the recipient in the performance of 
a project to the minimum necessary to achieve DOE program objectives.
    (b) When it is anticipated that substantial involvement will be 
necessary between DOE and the recipient during performance of the 
contemplated activity, the award instrument shall be a cooperative 
agreement rather than a grant. Every cooperative agreement shall 
explicitly state the substantial involvement anticipated between DOE and 
the recipient during the performance of the project. Substantial 
involvement exists if:
    (1) Responsibility for the management, control, or direction of the 
project is shared by DOE and the recipient; or
    (2) Responsibility for the performance of the project is shared by 
DOE and the recipient.
    (c) Providing technical assistance or guidance of a programmatic 
nature to a recipient does not constitute substantial involvement if:
    (1) the recipient is not required to follow such guidance;
    (2) the technical assistance or guidance is not expected to result 
in continuing DOE involvement in the performance of the project; or
    (3) The technical assistance or guidance pertains solely to the 
administrative requirements of the award.
    (d) In cooperative agreements, DOE has the right to intervene in the 
conduct or performance of project activities for programmatic reasons. 
Intervention includes the interruption or modification of the conduct or 
performance of project activities. Suspension or termination of the 
cooperative agreement under Secs. 600.162 and 600.243 does not 
constitute intervention in the conduct or performance of project 
activities.