[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: 32CFR32.11]



[Page 152]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 32_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.  32.11  Pre-award policies.



    (a) Use of grants, cooperative agreements, and contracts. (1) OMB 

Circular A-110 states that:

    (i) In each instance, the Federal awarding agency shall decide on 

the appropriate award instrument (i.e., grant, cooperative agreement, or 

contract).

    (ii) The Federal Grant and Cooperative Agreement Act (31 U.S.C. 

6301-6308) governs the use of grants, cooperative agreements, and 

contracts. Under that Act:

    (A) 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.

    (B) Contracts shall be used when the principal purpose is 

acquisition of property or services for the direct benefit or use of the 

Federal Government.

    (C) 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.''

    (2) In selecting the appropriate award instruments, DoD Components' 

grants officers shall comply with the DoD implementation of the Federal 

Grant and Cooperative Agreement Act at 32 CFR part 22, subpart B.

    (b) Public notice and priority setting. As a matter of 

Governmentwide policy, Federal awarding agencies shall notify the public 

of intended funding priorities for programs that use discretionary 

awards, unless funding priorities are established by Federal statute. 

For DoD Components, compliance with competition policies and statutory 

requirements implemented in 32 CFR part 22, subpart C, shall constitute 

compliance with this Governmentwide policy.



[63 FR 12188, Mar. 12, 1998, as amended at 68 FR 47160, Aug. 7, 2003]