Collapse to view only § 21.630 - Contracting activity.
- § 21.605 - Acquisition.
- § 21.610 - Agreements officer.
- § 21.615 - Assistance.
- § 21.620 - Award.
- § 21.625 - Contract.
- § 21.630 - Contracting activity.
- § 21.635 -
- § 21.640 - Cooperative agreement.
- § 21.645 - Deviation.
- § 21.650 - DoD Components.
- § 21.655 - Grant.
- § 21.660 - Grants officer.
- § 21.665 - Nonprocurement instrument.
- § 21.670 - Procurement contract.
- § 21.675 - Recipient.
- § 21.680 - Technology investment agreements.
- APPENDIX Appendix A - Appendix A to Part 21—Instruments to Which DoDGARs Portions Apply
§ 21.605 - Acquisition.
The acquiring (by purchase, lease, or barter) of property or services for the direct benefit or use of the United States Government (see more detailed definition at 48 CFR 2.101). In accordance with 31 U.S.C. 6303, procurement contracts are the appropriate legal instruments for acquiring such property or services.
§ 21.610 - Agreements officer.
An official with the authority to enter into, administer, and/or terminate technology investment agreements.
§ 21.615 - Assistance.
The transfer of a thing of value to a recipient to carry out a public purpose of support or stimulation authorized by a law of the United States (see 31 U.S.C. 6101(3)). Grants, cooperative agreements, and technology investment agreements are examples of legal instruments used to provide assistance.
§ 21.620 - Award.
A grant, cooperative agreement, technology investment agreement, or other nonprocurement instrument subject to one or more parts of the DoD Grant and Agreement Regulations (see appendix A to this part).
§ 21.625 - Contract.
See the definition for procurement contract in this subpart.
§ 21.630 - Contracting activity.
An activity to which the Head of a DoD Component has delegated broad authority regarding acquisition functions, pursuant to 48 CFR 1.601.
§ 21.635 -
A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. A more detailed definition of the term appears at 48 CFR 2.101.
§ 21.640 - Cooperative agreement.
A legal instrument which, consistent with 31 U.S.C. 6305, is used to enter into the same kind of relationship as a grant (see definition “grant”), except that substantial involvement is expected between the Department of Defense and the recipient when carrying out the activity contemplated by the cooperative agreement. The term does not include “cooperative research and development agreements” as defined in 15 U.S.C. 3710a.
§ 21.645 - Deviation.
The issuance or use of a policy or procedure that is inconsistent with the DoDGARs.
§ 21.650 - DoD Components.
The Office of the Secretary of Defense, the Military Departments, the Defense Agencies, and DoD Field Activities.
§ 21.655 - Grant.
A legal instrument which, consistent with 31 U.S.C. 6304, is used to enter into a relationship:
(a) Of which the principal purpose is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, rather than to acquire property or services for the Department of Defense's direct benefit or use.
(b) In which substantial involvement is not expected between the Department of Defense and the recipient when carrying out the activity contemplated by the grant.
§ 21.660 - Grants officer.
An official with the authority to enter into, administer, and/or terminate grants or cooperative agreements.
§ 21.665 - Nonprocurement instrument.
A legal instrument other than a procurement contract. Examples include instruments of financial assistance, such as grants or cooperative agreements, and those of technical assistance, which provide services in lieu of money.
§ 21.670 - Procurement contract.
A legal instrument which, consistent with 31 U.S.C. 6303, reflects a relationship between the Federal Government and a State, a local government, or other recipient when the principal purpose of the instrument is to acquire property or services for the direct benefit or use of the Federal Government. See the more detailed definition for contract at 48 CFR 2.101.
§ 21.675 - Recipient.
An organization or other entity receiving an award from a DoD Component.
§ 21.680 - Technology investment agreements.
A special class of assistance instruments used to increase involvement of commercial firms in defense research programs and for other purposes related to integrating the commercial and defense sectors of the nation's technology and industrial base. Technology investment agreements include one kind of cooperative agreement with provisions tailored for involving commercial firms, as well as one kind of other assistance transaction. Technology investment agreements are described more fully in 32 CFR part 37.
Appendix A - Appendix A to Part 21—Instruments to Which DoDGARs Portions Apply
I. For each DoDGARs part that DoD already has adopted in chapter XI of title 2 of the Code of Federal Regulations (CFR), the following table summarizes the general subject area that the part addresses and its applicability. All of the DoDGARs ultimately will be located in chapter XI of 2 CFR.
DoDGARs . . . | Which addresses . . . | Applies to . . . | Part 1104 | DoD's interim implementation of the OMB guidance in 2 CFR part 200 | grants and cooperative agreements other than TIAs. | Part 1108 (2 CFR part 1108) | Definitions of terms | terms used throughout the DoDGARs in chapter XI of 2 CFR other than the portion containing regulations implementing specific national policy requirements that provide their own definitions of terms. | Part 1120 (2 CFR part 1120) | Award format | grants and cooperative agreements, other than TIAs. | Part 1122 (2 CFR part 1122) | National policy requirements general award terms and conditions | grants and cooperative agreements other than TIAs. Portions of this part apply to TIAs, but only as 32 CFR part 37 refers to them and makes them apply. | Part 1125 (2 CFR part 1125) | Governmentwide debarment and suspension requirements | nonprocurement generally, including grants, cooperative agreements, TIAs, and any other instruments that are “covered transactions” under OMB guidance in 2 CFR 180.210 and 180.215, as implemented by 2 CFR part 1125, except acquisition transactions to carry out prototype projects ( | Parts 1126, 1128, 1130, 1132, 1134, 1136, and 1138 (subchapter D of 2 CFR chapter XI) | Administrative Requirements Terms and Conditions for Cost-type Awards to Nonprofit and Governmental Entities | cost-type grants and cooperative agreements other than TIAs. Portions of this subchapter apply to TIAs, but only as 32 CFR part 37 refers to them and makes them apply. |
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II. For each DoDGARs part that will remain in subchapter C of chapter I of title 32 of the CFR, pending completion of the DoDGARs updating needed to fully implement OMB guidance in 2 CFR part 200 and for other purposes, the following table summarizes the general subject area that the part addresses and its applicability. All of the substantive content of these DoDGARs parts ultimately will be located in new parts in chapter XI of 2 CFR.
DoDGARs . . . | which addresses . . . | applies to . . . | Part 21 (32 CFR part 21), all but subparts D and E | The Defense Grant and Agreement Regulatory System and the DoD Grant and Agreement Regulations | “awards,” which are grants, cooperative agreements, technology investment agreements (TIAs), and other nonprocurement instruments subject to one or more parts of the DoDGARs. | Part 21 (32 CFR part 21), subpart D | Authorities and responsibilities for assistance award and administration | grants, cooperative agreements, and TIAs. | Part 21 (32 CFR part 21), subpart E | DoD Components' information reporting requirements | grants, cooperative agreements, TIAs, and other nonprocurement instruments subject to reporting requirements in 31 U.S.C. chapter 61. | Part 22 (32 CFR part 22) | DoD grants officers' responsibilities for award and administration of grants and cooperative agreements | grants and cooperative agreements other than TIAs. Portions of this part apply to TIAs, but only as 32 CFR part 37 refers to them and makes them apply. | Part 26 (32 CFR part 26) | Governmentwide drug-free workplace requirements | grants, cooperative agreements and other financial assistance instruments, including TIAs, that are included in the definition of “award” at 32 CFR 26.605. | Part 28 (32 CFR part 28) | Governmentwide restrictions on lobbying | grants, cooperative agreements and other financial assistance instruments, including TIAs, that are included in the definitions of “Federal grant” and “Federal cooperative agreement” at 32 CFR 28.105. | Part 34 (32 CFR part 34) | Administrative requirements for grants and agreements with for-profit organizations | grants and cooperative agreements other than TIAs (“award,” as defined in 32 CFR 34.2). Portions of this part apply to TIAs, but only as 32 CFR part 37 refers to them and makes them apply. | Part 37 (32 CFR part 37) | Agreements officers' responsibilities for award and administration of TIAs | TIAs. Note that this part refers to other portions of DoDGARs that apply to TIAs. |
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