[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR19.11]



[Page 153-154]

 

                        TITLE 49--TRANSPORTATION

 

          Subtitle A--Office of the Secretary of Transportation

 

PART 19_UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS 

WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT 

ORGANIZATIONS--Table of Contents

 

                    Subpart B_Pre-Award Requirements

 

Sec. 19.11  Pre-award policies.



    (a) Use of grants and cooperative agreements, and contracts. In each 

instance, the Federal awarding agency 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



[[Page 154]]



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. Federal awarding agencies 

shall notify the public of its intended funding priorities for 

discretionary grant programs, unless funding priorities are established 

by Federal statute.