Collapse to view only § 6303. Using procurement contracts
- § 6301. Purposes
- § 6302. Definitions
- § 6303. Using procurement contracts
- § 6304. Using grant agreements
- § 6305. Using cooperative agreements
- § 6306. Authority to vest title in tangible personal property for research
- § 6307. Interpretative guidelines and exemptions
- § 6308. Use of multiple relationships for different parts of jointly financed projects
- § 6309. Non-propagation of core-based statistical area delineations
§ 6301. PurposesThe purposes of this chapter are to—
(1) promote a better understanding of United States Government expenditures and help eliminate unnecessary administrative requirements on recipients of Government awards by characterizing the relationship between executive agencies and contractors, States, local governments, and other recipients in acquiring property and services and in providing United States Government assistance;
(2) prescribe criteria for executive agencies in selecting appropriate legal instruments to achieve—
(A) uniformity in their use by executive agencies;
(B) a clear definition of the relationships they reflect; and
(C) a better understanding of the responsibilities of the parties to them; and
(3) promote increased discipline in selecting and using procurement contracts, grant agreements, and cooperative agreements, maximize competition in making procurement contracts, and encourage competition in making grants and cooperative agreements.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1003.)
§ 6302. DefinitionsIn this chapter—
(1) “executive agency” does not include a mixed-ownership Government corporation.
(2) “grant agreement” and “cooperative agreement” do not include an agreement under which is provided only—
(A) direct United States Government cash assistance to an individual;
(B) a subsidy;
(C) a loan;
(D) a loan guarantee; or
(E) insurance.
(3) “local government” means a unit of government in a State, a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, an interstate entity, or another instrumentality of a local government.
(4) “other recipient” means a person or recipient (except a State or local government) authorized to receive United States Government assistance or procurement contracts and includes a charitable or educational institution.
(5) “State” means a State of the United States, the District of Columbia, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1003.)
§ 6303. Using procurement contracts
An executive agency shall use a procurement contract as the legal instrument reflecting a relationship between the United States Government and a State, a local government, or other recipient when—
(1) the principal purpose of the instrument is to acquire (by purchase, lease, or barter) property or services for the direct benefit or use of the United States Government; or
(2) the agency decides in a specific instance that the use of a procurement contract is appropriate.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1004.)
§ 6304. Using grant agreements
An executive agency shall use a grant agreement as the legal instrument reflecting a relationship between the United States Government and a State, a local government, or other recipient when—
(1) the principal purpose of the relationship is to transfer a thing of value to the State or local government or other recipient to carry out a public purpose of support or stimulation authorized by a law of the United States instead of acquiring (by purchase, lease, or barter) property or services for the direct benefit or use of the United States Government; and
(2) substantial involvement is not expected between the executive agency and the State, local government, or other recipient when carrying out the activity contemplated in the agreement.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1004.)
§ 6305. Using cooperative agreements
An executive agency shall use a cooperative agreement as the legal instrument reflecting a relationship between the United States Government and a State, a local government, or other recipient when—
(1) the principal purpose of the relationship is to transfer a thing of value to the State, local government, or other recipient to carry out a public purpose of support or stimulation authorized by a law of the United States instead of acquiring (by purchase, lease, or barter) property or services for the direct benefit or use of the United States Government; and
(2) 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.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1004.)
§ 6306. Authority to vest title in tangible personal property for research
The head of an executive agency may vest title in tangible personal property in a nonprofit institution of higher education or in a nonprofit organization whose primary purpose is conducting scientific research—
(1) when the property is bought with amounts provided under a procurement contract, grant agreement, or cooperative agreement with the institution or organization to conduct basic or applied scientific research;
(2) when the head of the agency decides the vesting furthers the objectives of the agency;
(3) without further obligation to the United States Government; and
(4) under conditions the head of the agency considers appropriate.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1004.)
§ 6307. Interpretative guidelines and exemptions
The Director of the Office of Management and Budget may—
(1) issue supplementary interpretative guidelines to promote consistent and efficient use of procurement contracts, grant agreements, and cooperative agreements; and
(2) exempt a transaction or program of an executive agency from this chapter.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1005.)
§ 6308. Use of multiple relationships for different parts of jointly financed projects
This chapter does not require an executive agency to establish only one relationship between the United States Government and a State, a local government, or other recipient on a jointly financed project involving amounts from more than one program or appropriation when different relationships would otherwise be appropriate for different parts of the project.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1005.)
§ 6309. Non-propagation of core-based statistical area delineations
(a)In General.—Beginning on the date of enactment of the MAPS Act of 2021, and notwithstanding any other provision of law, any change to the standards of core-based statistical area delineations pursuant to section 3504(e) of title 44—
(1) shall not propagate automatically for any non-statistical use by any domestic assistance program, including any such use as required through—
(A) statutory reference to any core-based statistical area delineation; or
(B) administrative or regulatory reference to any core-based statistical area delineation; and
(2) shall propagate for any non-statistical use by any domestic assistance program only—
(A) if a relevant agency determines that such a propagation—
(i) supports the purposes of the program; and
(ii) is in the public interest; and
(B) through affirmative adoption through notice-and-comment rulemaking pursuant to section 553 of title 5.
(b)Definitions.—The definitions in section 4 of the MAPS Act of 2021 shall apply to this section.
(Added Pub. L. 117–219, § 5(a), Dec. 5, 2022, 136 Stat. 2272.)