34 C.F.R. Subpart B—Pre-Award Requirements
Title 34 - Education
Sections 74.11 through 74.17 prescribes forms and instructions and other pre-award matters to be used in applying for awards. (Authority: 20 U.S.C. 1221e–3, 3474; OMB Circular A–110) (a) Use of grants and cooperative agreements, and contracts. In each instance, the Secretary decides on the appropriate award instrument (i.e., grant, cooperative agreement, or contract). 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 ED and the 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 Federal Government. (b) Public notice and priority setting. The Secretary notifies the public of intended funding priorities for discretionary grant programs, unless funding priorities are established by Federal statute. (Authority: 20 U.S.C. 1221e–3, 3474; OMB Circular A–110) (a) The Secretary complies with the applicable report clearance requirements of 5 CFR Part 1320—Controlling Paperwork Burdens on the Public—with regard to all forms used by ED in place of or as a supplement to the Standard Form 424 (SF–424) series. (b) Applicants shall use the SF–424 series or those forms and instructions prescribed by the Secretary. (c) For Federal programs covered by E.O. 12372—Intergovernmental Review of Federal Programs (implemented by the Secretary in 34 CFR Part 79—Intergovernmental Review of Department of Education Programs and Activities)—the applicant shall complete the appropriate sections of the SF–424 (Application for Federal Assistance) indicating whether the application was subject to review by the State Single Point of Contact (SPOC). The name and address of the SPOC for a particular State can be obtained from the Secretary or the Catalog of Federal Domestic Assistance (available from the Superintendent of Documents, Government Printing Office). The SPOC shall advise the applicant whether the program for which application is made has been selected by that State for review. (d) If ED does not use the SF–424 form, the Secretary may indicate whether the application is subject to review by the State under E.O. 12372. (Authority: 20 U.S.C. 1221e–3, 3474; OMB Circular A–110) [59 FR 34724, July 6, 1994, as amended at 60 FR 6660, Feb. 3, 1995] The Secretary and recipients shall comply with the nonprocurement debarment and suspension common rule (implemented by the Secretary in 34 CFR part 85). This common rule restricts subawards and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. (Authority: 20 U.S.C. 1221e–3, 3474; OMB Circular A–110) (a) The Secretary may impose special award conditions, if an applicant or recipient— (1) Has a history of poor performance; (2) Is not financially stable; (3) Has a management system that does not meet the standards prescribed in this part; (4) Has not conformed to the terms and conditions of a previous award; or (5) Is not otherwise responsible. (b) If special award conditions are established under paragraph (a) of this section, the Secretary notifies the applicant or recipient of— (1) The nature of the additional requirements; (2) The reason why the additional requirements are being imposed; (3) The nature of the corrective action needed; (4) The time allowed for completing the corrective actions; and (5) The method for requesting reconsideration of the additional requirements imposed. (c) Any special conditions are promptly removed once the conditions that prompted them have been corrected. (Authority: 20 U.S.C. 1221e–3, 3474; OMB Circular A–110) The Metric Conversion Act, as amended by the Omnibus Trade and Competitiveness Act (15 U.S.C. 205) declares that the metric system is the preferred measurement system for U.S. trade and commerce. The Act requires each Federal agency to establish a date or dates in consultation with the Secretary of Commerce, when the metric system of measurement will be used in the agency's procurements, grants, and other business-related activities. Metric implementation may take longer where the use of the system is initially impractical or likely to cause significant inefficiencies in the accomplishment of federally-funded activities. The Secretary follows the provisions of E.O. 12770—Metric Usage in Federal Government Programs. (Authority: 20 U.S.C. 1221e–3, 3474; OMB Circular A–110) Under the Resource Conservation and Recovery Act (RCRA) (Pub. L. 94–580 codified at 42 U.S.C. 6962), any State agency or agency of a political subdivision of a State which is using appropriated Federal funds must comply with section 6002 of the RCRA. Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by the Environmental Protection Agency (EPA) (40 CFR parts 247–254). Accordingly, recipients that receive direct Federal awards or other Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. (Authority: 20 U.S.C. 1221e–3, 3474; OMB Circular A–110) Unless prohibited by statute or codified regulation, the Secretary allows recipients to submit certifications and representations required by statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships with ED. Annual certifications and representations shall be signed by responsible officials with the authority to ensure recipients' compliance with the pertinent requirements. (Authority: 20 U.S.C. 1221e–3, 3474; OMB Circular A–110)
Title 34: Education
PART 74—ADMINISTRATION OF GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS
Subpart B—Pre-Award Requirements
§ 74.10 Purpose.
§ 74.11 Pre-award policies.
§ 74.12 Forms for applying for Federal assistance.
§ 74.13 Debarment and suspension.
§ 74.14 Special award conditions.
§ 74.15 Metric system of measurement.
§ 74.16 Resource Conservation and Recovery Act.
§ 74.17 Certifications and representations.
