[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR74.11]



[Page 213]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

    PART 74_UNIFORM ADMINISTRATIVE REQUIREMENTS FOR AWARDS AND SUBAWARDS TO 

INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, OTHER NONPROFIT ORGANIZATIONS, 

AND COMMERCIAL ORGANIZATIONS--Table of Contents

 

                    Subpart B_Pre-Award Requirements

 

Sec.  74.11  Pre-award policies.



    (a) Use of Grants and Cooperative Agreements, and Contracts. 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 HHS awarding agency.

    (b) HHS awarding agencies shall notify the public of funding 

priorities for discretionary grant programs, unless funding priorities 

are established by Federal statute.