[Code of Federal Regulations]
[Title 15, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR14.11]

[Page 140]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
   PART 14--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, OTHER NON-PROFIT, AND COMMERCIAL 
ORGANIZATIONS--Table of Contents
 
                    Subpart B--Pre-Award Requirements
 
Sec. 14.11  Pre-award policies.

    (a) Use of grants and cooperative agreements, and contracts. In each 
instance, the Grants Officer after coordination with the DoC operating 
unit shall decide on the appropriate award instrument (i.e., grant, 
cooperative agreement, or contract). The Federal Grant and Cooperative 
Agreement Act (31 U.S.C. 6301-08) governs the use of grants, cooperative 
agreements and contracts. A grant or cooperative agreement shall be used 
only when the principal purpose of a transaction is to accomplish a 
public purpose of support or stimulation authorized by Federal statute. 
The statutory criterion for choosing between grants and cooperative 
agreements is that for the latter, ``substantial involvement is expected 
between the executive agency and the State, local government, or other 
recipient when carrying out the activity contemplated in the 
agreement.'' Contracts shall be used when the principal purpose is 
acquisition of property or services for the direct benefit or use of the 
Federal Government.
    (b) Public notice and priority setting. The DoC operating units 
shall notify the public of their intended funding priorities for 
discretionary grant programs, unless funding priorities are established 
by Federal statute. At a minimum, public notices shall be published in 
the Federal Register.