[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR74.11]



[Page 106]

 

                           TITLE 34--EDUCATION

 

PART 74_ADMINISTRATION OF GRANTS AND AGREEMENTS WITH INSTITUTIONS OF 

HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS--Table 

of Contents

 

                    Subpart B_Pre-Award Requirements

 

Sec.  74.11  Pre-award policies.



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

instance, the Secretary decides 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 ED and the 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. The Secretary notifies the 

public of intended funding priorities for discretionary grant programs, 

unless funding priorities are established by Federal statute.



(Authority: 20 U.S.C. 1221e-3, 3474; OMB Circular A-110)