Collapse to view only § 1138.1 - Purpose of this part.
- § 1138.1 - Purpose of this part.
- § 1138.2 - Applicability of this part.
- § 1138.3 - Exceptions from requirements of this part.
- § 1138.4 - Organization of this part.
- § 1138.5 - Authority to omit or reserve portions of SUB Articles I through XII.
- SUBPART A - Subpart A-Distinguishing Subawards and Procurements (SUB Article I)
- SUBPART B - Subpart B-Pre-Award and Time of Award Responsibilities (SUB Article II)
- SUBPART C - Subpart C-Informational Content of Subawards (SUB Article III)
- SUBPART D - Subpart D-Financial and Program Management Requirements for Subawards (SUB Article IV)
- SUBPART E - Subpart E-Property Requirements for Subawards (SUB Article V)
- SUBPART F - Subpart F-Procurement Procedures to Include in Subawards (SUB Article VI)
- SUBPART G - Subpart G—Financial, Programmatic, and Property Reporting Requirements for Subawards (SUB Article VII)
- SUBPART H - Subpart H—Other Administrative Requirements for Subawards (SUB Article VIII)
- SUBPART I - Subpart I—National Policy Requirements for Subawards (SUB Article IX)
- SUBPART J - Subpart J—Subrecipient Monitoring and Other Post-Award Administration (SUB Article X)
- SUBPART K - Subpart K—Requirements Concerning Subrecipients' Lower-Tier Subawards (SUB Article XI)
- SUBPART L - Subpart L—Fixed-Amount Subawards (SUB Article XII)
§ 1138.1 - Purpose of this part.
(a) This part specifies standard wording of general terms and conditions concerning recipients' award and administration of subawards under DoD grants and cooperative agreements.
(b) It thereby implements OMB guidance in Subparts A through F of 2 CFR part 200 and 2 CFR parts 25, 170, and 180, as they apply to subawards.
§ 1138.2 - Applicability of this part.
The types of awards and entities to which this part and other parts in this subchapter apply are described in the subchapter overview at 2 CFR 1126.2.
§ 1138.3 - Exceptions from requirements of this part.
Exceptions are permitted from the administrative requirements in this part only as described at 2 CFR 1126.3.
§ 1138.4 - Organization of this part.
(a) The content of this part is organized into subparts and associated appendices.
(1) Each subpart provides direction to DoD Components on how to construct one article of general terms and conditions for grants and cooperative agreements.
(2) For each subpart, there is a corresponding appendix with standard wording for terms and conditions of the article addressed by the subpart. Terms and conditions address rights and responsibilities of the Federal Government and recipients.
(b) A DoD Component must use the wording provided in each appendix in accordance with the direction in the corresponding subpart and the authorization in § 1138.5, which permit a DoD Component to vary from the standard wording in some situations.
(c) Table 1 shows which article of general terms and conditions may be found in each of appendices A through L to this part (with the associated direction to DoD Components in Subparts A through L, respectively, as supplemented by the authorization in § 1138.5):
Table 1 to Paragraph (
| In . . . | You will find terms and conditions specifying recipients' rights and responsibilities related to . . . | That would appear in an award within SUB Article . . . | Appendix A | Distinguishing subawards and procurements | I. | Appendix B | Pre-award and time of award responsibilities | II. | Appendix C | Informational content of subawards | III. | Appendix D | Financial and program management requirements for subawards | IV. | Appendix E | Property requirements for subawards | V. | Appendix F | Procurement procedures to include in subawards | VI. | Appendix G | Financial, programmatic, and property reporting requirements for subawards | VII. | Appendix H | Other administrative requirements for subawards | VIII. | Appendix I | National policy requirements for subawards | IX. | Appendix J | Subrecipient monitoring and other post-award administration | X. | Appendix K | Requirements concerning subrecipients' lower-tier subawards | XI. | Appendix L | Fixed-amount subawards | XII. |
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§ 1138.5 - Authority to omit or reserve portions of SUB Articles I through XII.
A DoD Component's general terms and conditions may:
(a) Omit SUB Articles II through XII that are the subject of this part if the DoD Component does not allow recipients to make subawards under awards using those terms and conditions. The DoD Component also may amend SUB Article I in that case, to state the prohibition on making subawards and limit the recipient's responsibility to ensuring that any transaction it awards at the next tier is a procurement transaction.
(b) Reserve portions of SUB Articles I through XII that do not apply to the DoD Component's awards using those terms and conditions. For example, the DoD Component may reserve paragraphs in SUB Articles IV through IX specifying administrative requirements that flow down solely to subawards to States if it determines that there is no possibility of a subaward to a State under any of the awards using its general terms and conditions. Similarly, it may reserve SUB Article XII if it does not permit any fixed-amount subawards under its awards.