[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR84.11]



[Page 480]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 84_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.  84.11  Pre-award policies.



    (a) Use of Grants and Cooperative Agreements, and Contracts. In each 

instance, HUD 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. HUD shall notify the public 

of its intended funding priorities for discretionary grant programs, 

unless funding priorities are established by Federal statute.