[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 48CFR307.7002]



[Page 21]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 307_ACQUISITION PLANNING--Table of Contents

 

     Subpart 307.70_Considerations in Selecting an Award Instrument

 

Sec. 307.7002  Procedures.



    (a) OPDIV program officials should use existing budget and program 

planning procedures to propose new activities and major changes in 

ongoing programs. It is the responsibility of these program officials to 

meet with the HCA and the principal grants management official, or their 

designees, to distinguish the relationships and determine whether award 

is to be made through the acquisition process or assistance process. 

This determination should be made prior to the time when the annual 

acquisition plan is reviewed and approved so that the plan will reflect 

all known proposed contract actions. The cognizant contracting officer 

will confirm the appropriateness of the use of the contract instrument 

when reviewing the request for contract.

    (b) Shifts from one award instrument to another must be fully 

documented in the appropriate files to show a fundamental change in 

program purpose that unequivocally justifies the rationale for the 

shift.

    (c) OPDIVs must ensure that the choice of instrument is determined 

in accordance with 31 U.S.C. 6301-6308 and applicable departmental 

policies. If, however, there are major individual transactions or 

programs which contain elements of both acquisition and assistance in 

such a way that they cannot be characterized as having a principal 

purpose of one or the other, guidance should be obtained from the 

Director, OAMP, through normal channels, before proceeding with a 

determination.

    (d) Any public notice, program announcement, solicitation, or 

request for applications or proposals must indicate whether the intended 

relationship will be one of acquisition or assistance and specify the 

award instrument to be used.