[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: 32CFR21.130]

[Page 59-60]
 
                       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. 21.130  Definitions.

    Acquisition. The acquiring (by purchase, lease, or barter) of 
property or services for the direct benefit or use of the United States 
Government (see more detailed definition at 48 CFR 2.101). In accordance 
with 31 U.S.C. 6303, procurement contracts are the appropriate legal 
instruments for acquiring such property or services.
    Assistance. The transfer of a thing of value to a recipient to carry 
out a public purpose of support or stimulation authorized by a law of 
the United States (see 31 U.S.C. 6101(3)). Grants and cooperative 
agreements are examples of legal instruments used to provide assistance.
    Contract. See the definition for procurement contract in this 
section.
    Contracting activity. An activity to which the Head of a DoD 
Component has delegated broad authority regarding acquisition functions, 
pursuant to 48 CFR 1.601.
    Contracting officer. A person with the authority to enter into, 
administer, and/or terminate contracts and make related determinations 
and findings. A more detailed definition of the term appears at 48 CFR 
2.101.
    Cooperative agreement. A legal instrument which, consistent with 31 
U.S.C. 6305, is used to enter into the same kind of relationship as a 
grant (see definition ``grant''), except that substantial involvement is 
expected between the Department of Defense and the recipient when 
carrying out the activity contemplated by the cooperative agreement. The 
term does not include ``cooperative research and development 
agreements'' as defined in 15 U.S.C. 3710a.
    Deviation. The issuance or use of a policy or procedure that is 
inconsistent with the DoDGARs.

[[Page 60]]

    DoD Components. The Office of the Secretary of Defense, the Military 
Departments, the Defense Agencies, and DoD Field Activities.
    Grant. A legal instrument which, consistent with 31 U.S.C. 6304, is 
used to enter into a relationship:
    (1) The principal purpose of which is to transfer a thing of value 
to the recipient to carry out a public purpose of support or stimulation 
authorized by a law of the United States, rather than to acquire 
property or services for the Department of Defense's direct benefit or 
use.
    (2) In which substantial involvement is not expected between the 
Department of Defense and the recipient when carrying out the activity 
contemplated by the grant.
    Grants officer. An official with the authority to enter into, 
administer, and/or terminate grants or cooperative agreements.
    Nonprocurement instrument. A legal instrument other than a 
procurement contract. Examples include instruments of financial 
assistance, such as grants or cooperative agreements, and those of 
technical assistance, which provide services in lieu of money.
    Procurement contract. A legal instrument which, consistent with 31 
U.S.C. 6303, reflects a relationship between the Federal Government and 
a State, a local government, or other recipient when the principal 
purpose of the instrument is to acquire property or services for the 
direct benefit or use of the Federal Government. See the more detailed 
definition for contract at 48 CFR 2.101.
    Recipient. An organization or other entity receiving a grant or 
cooperative agreement from a DoD Component.