[Code of Federal Regulations]
[Title 32, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR21.110]

[Page 57-58]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
 
PART 21--DoD GRANTS AND AGREEMENTS--GENERAL MATTERS--Table of Contents
 
        Subpart A--Defense Grant and Agreement Regulatory System
 
Sec. 21.110  Applicability and relationship to acquisition regulations.

    (a) Applicability to grants and cooperative agreements. The DoD 
Grant and Agreement Regulations (DoDGARs) apply to all DoD grants and 
cooperative agreements.

[[Page 58]]

    (b) Applicability to other nonprocurement instruments. (1) In 
accordance with DoD Directive 3210.6, the DoDGARs may include rules that 
apply to other nonprocurement instruments, when specifically required in 
order to implement a statute, Executive order, or Governmentwide rule 
that applies to other nonprocurement instruments, as well as to grants 
and cooperative agreements. For example, the rule on nonprocurement 
debarment and suspension in 32 CFR part 25, subparts A through E, 
applies to all nonprocurement transactions, including grants, 
cooperative agreements, contracts of assistance, loans and loan 
guarantees (see definition of ``primary covered transaction'' at 32 CFR 
25.110(a)(1)(i)).
    (2) The following is a list of DoDGARs rules that apply not only to 
grants and cooperative agreements, but also to other types of 
nonprocurement instruments:
    (i) Requirements for reporting to the Defense Assistance Award Data 
System, in subpart C of this part.
    (ii) The rule on nonprocurement debarment and suspension in 32 CFR 
part 25, subparts A through E.
    (iii) Drug-free workplace requirements in 32 CFR part 25, subpart F.
    (iv) Restrictions on lobbying in 32 CFR part 28.
    (v) Administrative requirements for grants, cooperative agreements, 
and other financial assistance to:
    (A) Universities and other nonprofit organizations, in 32 CFR part 
32.
    (B) State and local governments, in 32 CFR part 33.
    (3) Grants officers should be aware that each rule that applies to 
other types of nonprocurement instruments (i.e., other than grants and 
cooperative agreements) states its applicability to such instruments. 
However, grants officers must exercise caution when determining the 
applicability of some Governmentwide rules that are included in the 
DoDGARs, because a term may be defined differently in a Governmentwide 
rule than it is defined elsewhere in the DoDGARs. For example, the 
Governmentwide implementation of the Drug-Free Workplace Act of 1988 (32 
CFR part 25, subpart F) states that it applies to grants, but defines 
``grants'' to include cooperative agreements and other forms of 
financial assistance.
    (c) Relationship to acquisition regulations. The Federal Acquisition 
Regulation (FAR) (48 CFR parts 1-53), the Defense Federal Acquisition 
Regulation Supplement (DFARS) (48 CFR parts 201-270), and DoD Component 
supplements to the FAR and DFARS apply to DoD Components' procurement 
contracts used to acquire goods and services for the direct benefit or 
use of the Federal Government. Policies and procedures in the FAR and 
DFARS do not apply to grants, cooperative agreements, or other 
nonprocurement transactions unless the DoDGARs specify that they apply.