[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 32CFR22.215]



[Page 76-77]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 22_DoD GRANTS AND AGREEMENTS_AWARD AND ADMINISTRATION--Table of 

Contents

 

             Subpart B_Selecting the Appropriate Instrument

 

Sec.  22.215  Distinguishing grants and cooperative agreements.



    (a) Once a grants officer judges, in accordance with Sec. Sec.  

22.205 and 22.210,



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that either a grant or cooperative agreement is the appropriate 

instrument, the grants officer shall distinguish between the two 

instruments as follows:

    (1) Grants shall be used when the grants officer judges that 

substantial involvement is not expected between the Department of 

Defense and the recipient when carrying out the activity contemplated in 

the agreement.

    (2) Cooperative agreements shall be used when the grants officer 

judges that substantial involvement is expected. The grants officer 

should document the nature of the substantial involvement that led to 

selection of a cooperative agreement. Under no circumstances are 

cooperative agreements to be used solely to obtain the stricter controls 

typical of a contract.

    (b) In judging whether substantial involvement is expected, grants 

officers should recognize that ``substantial involvement'' is a 

relative, rather than an absolute, concept, and that it is primarily 

based on programmatic factors, rather than requirements for grant or 

cooperative agreement award or administration. For example, substantial 

involvement may include collaboration, participation, or intervention in 

the program or activity to be performed under the award.