RED TRACK CHANGES to the APEX Accelerator General Terms and Conditions_Version 2.0_July 2023.pdf

APEX Accelerator General T&Cs V. 32.0 DATE: November 2024July

COVER PAGE

DIVISION III – APEX ACCELERATOR

PROGRAM GENERAL TERMS AND CONDITIONS

Table of Contents

COVER PAGE

Table of Contents

SUBDIVISION A – PREAMBLE

1. Scope/Applicability

2. Use of Plain Language

3. Use of English Language

4. Definitions

SUBDIVISION B – ADMINISTRATIVE REQUIREMENTS

PART 1 - FINANCIAL AND PROGRAM MANAGEMENT STANDARDS

FMS Article I. Financial management system standards. (JANUARY 2021)

FMS Article II. Payments. (JANUARY 2023)

FMS Article III. Allowable costs, period of availability of funds, and fee or profit. (SEPTEMBER 2017)

FMS Article IV. Revision of budget and program plans. (JANUARY 2023)

FMS Article V. Non-Federal audits. (NOVEMBERJULY 202418)

FMS Article VI. Cost sharing or matching. (JANUARY 2021)

FMS Article VII. Program income. (SEPTEMBER 2017)

PART 2 - PROPERTY ADMINISTRATION

PROP Article I. Title to property. (January 2023)

PROP Article II. Property management system. (JANUARY 2021)

PROP Article III. Use and disposition of real property. (January 2023)

PROP Article IV. Use and disposition of equipment and supplies. (SEPTNOVEMBER 202417)

PROP Article V. Use and disposition of federally owned property. (SEPTEMBER 2017) Not Applicable

PROP Article VI. Intangible property. (January 20123)

PART 3 - PROCUREMENT

PROC Article I. Procurement standards for States. (JANUARY 2021)

PROC Article II. Procurement standards for institutions of higher education, nonprofit organizations, local governments, and Indian tribes. (JANUARY 2021)

PROC Article III. Contract provisions for recipient procurements. (NOVEMBERJANUARY 20241)

PART 4 - FINANCIAL, PROGRAMMATIC, AND PROPERTY REPORTING

REP Article I. Performance management, monitoring, and reporting. (SEPTEMBER 2017)

REP Article II. Financial reporting. (SEPTEMBER 2017)

REP Article III. Reporting on property. (SEPTEMBER 2017)

REP Article IV. Reporting on subawards and executive compensation. (JANUARY 2023)

REP Article V. Other Reporting. (JANUARY 2023) [Reserved]

PART 5 – OTHER ADMINISTRATIVE REQUIREMENTS

OAR Article I. Submitting and maintaining recipient information. (JANUARY 2021)

OAR Article II. Records retention and access. (JANUARY 2021)

OAR Article III. Remedies and termination. (JANUARY 2023)

OAR Article IV. Claims, disputes, and appeals. (JANUARY 2023)

OAR Article V. Collection of amounts due. (SEPTEMBER 2017)

OAR Article VI. Closeout. (JANUARY 2023)

OAR Article VII. Post-closeout adjustments and continuing responsibilities. (SEPTEMBER 2017)

PART 6 – SUBAWARDS

SUB Article I. Distinguishing subawards and procurements. (SEPTEMBER 2017)

SUB Article II. Pre-award and time of award responsibilities. (JANUARY 2021)

SUB Article III. Informational content of subawards. (JANUARY 2021)

SUB Article IV. Financial and program management requirements for subawards. (SEPTEMBER 2017)

SUB Article V. Property requirements for subawards. (SEPTEMBER 2017)

SUB Article VI. Procurement procedures to include in subawards. (JANUARY 2021)

SUB Article VII. Financial, programmatic, and property reporting requirements for subawards. (SEPTEMBER

2017)

SUB Article VIII. Other administrative requirements for subawards. (JANUARY 2021)

SUB Article IX. National policy requirements for subawards. (January 2023)

SUB Article X. Subrecipient monitoring and other post-award administration. (JANUARY 2021)

SUB Article XI. Requirements concerning subrecipients’ lower-tier subawards. (SEPTEMBER 2017)

SUB Article XII. Fixed-amount subawards. (JANUARY 2021)

SUBDIVISON C- NATIONAL POLICY REQUIREMENTS

NP Article I. Nondiscrimination national policy requirements. (SEPTEMBER 2017)

NP Article II. Environmental national policy requirements. (JANUARY 2021)

NP Article III. National policy requirements concerning live organisms. (JANUARY 2021) Not Applicable

NP Article IV. Other national policy requirements. (January 2023)

SUBDIVISION A – PREAMBLE

1. Scope/Applicability

These general terms and conditions are applicable to all assistance agreement awards (grants and cooperative agreements) issued by the US Army Contracting Command – Aberdeen Proving

Ground in support of Office of the Under Secretary of Defense for Acquisition & Sustainment, Office of Small Business Programs (OSBP) APEX Accelerator program.

These general terms and conditions apply to DoD grants and cooperative agreements for

Procurement Technical Assistance with institutions of higher education, nonprofit organizations, States, local governments, and Indian tribes. Certain provisions within these general terms and conditions may indicate that they apply to certain types of recipients only.

2. Use of Plain Language

The use of personal pronouns is included in these terms and conditions in order to more effectively communicate requirements. The use of “you” denotes the Recipient and “we” or “us” denotes the Department of Defense (DoD) awarding agency.

3. Use of English Language

You must:

a. Translate any of the award content (including attachments to it and any material incorporated by reference) into another language to the extent that your compliance with the award’s terms and conditions depends upon a significant number of its employees who are not fluent in English being able to read and comprehend that content.

b. If you do translate any award content into another language, either as required by paragraph a. of this section or at your own initiative, the original award content in the English language will take precedence in the event of an inconsistency between the award requirements in the English and translated versions.

4. Definitions

The following are definitions for frequently used terms. For a more comprehensive set of definitions, see 2 CFR 1108.

Some award provisions state that you must comply with single audit or cost principles requirements in a Governmentwide issuance and include the requirements by reference to the issuance without restating them. For any term defined in one of those issuances, this part includes the definition only if the term is used in these general terms and conditions.

If a term is not otherwise defined in these general terms and conditions or at 2 CFR 1108, a user of these terms and conditions should consult definitions in the pertinent Governmentwide source, as follows:

a. The requirements for audits of recipients and subrecipients that are in Subpart F of OMB guidance in 2 CFR part 200, which implements the Single Audit Act;

b. The Governmentwide cost principles for institutions of higher education, nonprofit organizations, States, local governments, and Indian tribes that are contained in Subpart E of OMB guidance in 2 CFR part 200; and

c. The cost principles for for-profit entities at Subpart 31.2 of the Federal

Acquisition Regulation (48 CFR part 31), as supplemented by provisions of the Defense Federal Acquisition Regulation Supplement at Subpart 231.2 of 48 CFR part 231.

Administrative offset. Administrative offset means an action whereby money payable by the

United States Government to, or held by the Government for, a recipient is withheld to satisfy a delinquent debt.

Advance payment. Advance payment means a payment that a Federal agency or pass-through entity makes by any appropriate payment mechanism and payment method before the recipient or subrecipient disburses the funds for program purposes.Advance payment means a payment that

DoD or a recipient or sub-recipient makes by any appropriate payment mechanism, including a predetermined payment schedule, before the recipient or sub-recipient disburses the funds for project or program purposes.

Approved budget. Approved budget means, in conjunction with a DoD Component award to a recipient, the most recent version of the budget the recipient submitted and the DoD Component approved (either at the time of the initial award or subsequently), to summarize planned expenditures for the project or program under the award. It includes:

a. All Federal funding made available to the recipient under the award to use for project or program purposes.

b. Any cost sharing or matching that the recipient is required to provide under the award.

c. Any options that have been exercised but not any options that have not yet been exercised.

Assistance. Assistance means 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 that DoD Components use to provide assistance.

Award. Award means a grant or cooperative agreement.

Award administration office. Award administration office means a DoD Component office that performs assigned post-award functions related to the administration of grants or cooperative agreements.

Capital asset. Capital assets means:

a. Tangible or intangible assets used in operations having a useful life of more than one year which are capitalized in accordance with GAAP. Capital assets include:

1. Land, buildings (facilities), equipment, and intellectual property (including software) whether acquired by purchase, construction, manufacture, exchange, or through a lease accounted for as financed purchase under Government Accounting Standards Board (GASB) standards or a finance lease under Financial Accounting Standards Board (FASB) standards; and

2. Additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations or alterations to capital assets that materially increase their value or useful life (not ordinary repairs and maintenance).

b. For purpose of this Part, capital assets do not include intangible right-to-use assets (per GASB) and right-to-use operating lease assets (per FASB). For example, assets capitalized that recognize a lessee’s right to control the use of property and/or equipment for a period of time under a lease contract. See also §200.465.

Claim. Claim means, depending on the context, either:

1) A written demand or assertion by one of the parties to a Federal award seeking as a matter of right:

i) The payment of money;

ii) The adjustment or interpretation of the terms and conditions of the Federal award;

or

iii) Other relief arising under or relating to a Federal award.

(2) A request for payment not in dispute when submitted.Claim means a written demand or written assertion by one of the parties to an award seeking as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of an award term or condition, or other relief arising under or relating to the award. A routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim by written notice to the grants or agreements officer if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

Cognizant agency for indirect costs. Cognizant agency for indirect costs means the Federal agency responsible for reviewing, negotiating and approving cost allocation plans or indirect cost proposals on behalf of all Federal agencies. The cognizant agency for indirect cost is not necessarily the same as the cognizant agency for audit. For assignments of cognizant agencies, see the following:

(1) For Institutions of Higher Education (IHEs): Appendix III, paragraph C.11.

(2) For nonprofit organizations: Appendix IV, paragraph C.2.a.

(3) For State and local governments: Appendix V, paragraph F.1.

(4) For Indian Tribes: Appendix VII, paragraph D.1.

Cognizant agency for indirect costs means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans and indirect cost proposals on behalf of all

Federal agencies. The cognizant agency for indirect costs for a particular entity may be different than the cognizant agency for audit. The cognizant agency for indirect costs:

a. For an institution of higher education, nonprofit organization, State, local government, or

Indian tribe, is assigned as described in the appendices to OMB guidance in 2 CFR part 200. See

2 CFR 200.19 for specific citations to those appendices.

b. For a for-profit entity, normally will be the agency with the largest dollar amount of pertinent business, as described in the Federal Acquisition Regulation at 48 CFR 42.003.

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Cooperative Agreement. Cooperative agreement means a legal instrument of financial assistance between a Federal agency and a recipient or between a pass-through entity and subrecipient, consistent with 31 U.S.C. 6302-6305:

(1) Is used to enter into a relationship the principal purpose of which is to transfer anything of value to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal Government or pass-through entity's direct benefit or use;

(2) Is distinguished from a grant in that it provides for substantial involvement of the Federal agency or pass-through entity in carrying out the activity contemplated by the Federal award.

(3) The term does not include:

(i) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or

(ii) An agreement that provides only:

(A) Direct United States Government cash assistance to an individual;

(B) A subsidy;

(C) A loan;

(D) A loan guarantee; or

(E) Insurance.

Cooperative Agreement means a legal instrument which, consistent with 31 U.S.C. 6305, 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 DoD’s direct benefit or use.

b. In which substantial involvement is expected between the DoD 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.

Cost sharing or matching. Cost sharing means means the portion of project costs not paid by Federal funds or contributions (unless authorized by Federal statute). This term includes matching, which refers to required levels of cost share that must be provided. See § 200.306.Cost sharing or matching means the portion of project costs not

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Cost-type contract. Cost-type contract means a procurement transaction awarded by a recipient or a subrecipient at any tier under a DoD Component’s grant or cooperative agreement that provides for the contractor to be paid on the basis of the actual, allowable costs it incurs (plus any fee or profit for which the contract provides).

Cost-type subaward. Cost-type subaward means a subaward that:

a. A recipient or subrecipient makes to another entity at the next lower tier; and

b. Provides for the other entity to be paid on the basis of the actual, allowable costs it incurs in carrying out the subaward.

Debt. Debt means any amount of money or any property owed to a Federal agency by any person, organization, or entity except another United States Federal agency. Debts include any amounts due from insured or guaranteed loans, fees, leases, rents, royalties, services, sales of real or personal property, or overpayments, penalties, damages, interest, fines and forfeitures, and all other claims and similar sources. For the purposes of this award, amounts due a non-appropriated fund instrumentality are not debts owed the United States.

Delinquent debt. Delinquent debt means a debt:

a. That the debtor fails to pay by the date specified in the initial written notice from the agency owed the debt, normally within 30 calendar days, unless the debtor makes satisfactory payment arrangements with the agency by that date; and

b. With respect to which the debtor has elected not to exercise any available appeals or has exhausted all agency appeal processes.

Direct costs. Direct costs means any costs that are identified specifically with a particular final cost objective, such as an award, in accordance with the applicable cost principles.

Equipment. Equipment means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost that equals or exceeds the lesser of the capitalization level established by the recipient or subrecipient for financial statement purposes, or $10,000. See the definitions of capital assets, computing devices, general purpose equipment, information technology systems, special purpose equipment, and supplies in this section.tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of:

c. $5,000; or

d. The recipient’s or sub-recipient’s capitalization threshold for financial statement purposes.

Exempt property.

(a) Exempt property means tangible personal property acquired in whole or in part with Federal funds under a DoD Component's awards, for which the DoD Component:

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(1) Has statutory authority to vest title in recipients (or allow for vesting in subrecipients) without further obligation to the Federal Government or subject to conditions the DoD

Component considers appropriate; and

(2) Elects to use that authority to do so.

(b) An example of exempt property authority is contained in the Federal Grant and Cooperative

Agreement Act (31 U.S.C. 6306) for tangible personal property acquired under an award to conduct basic or applied research by a nonprofit institution of higher education or nonprofit organization whose primary purpose is conducting scientific research.

Expenditures. Expenditures mean charges made by a recipient or subrecipient to a project or program for which a Federal award is received.

(1) The charges may be reported on a cash or accrual basis as long as the methodology is disclosed and consistently applied.

(2) For reports prepared on a cash basis, expenditures are the sum of:

(i) Cash disbursements for direct charges for property and services;

(ii) The amount of indirect expense charged;

(iii) The value of third-party in-kind contributions applied; and

(iv) The amount of cash advance payments and payments made to subrecipients.

(3) For reports prepared on an accrual basis, expenditures are the sum of:

(i) Cash disbursements for direct charges for property and services;

(ii) The amount of indirect expense incurred;

(iii) The value of third-party in-kind contributions applied; and

(iv) The net increase or decrease in the amounts owed by the recipient or subrecipient for:

(A) Goods and other property received;

(B) Services performed by employees, contractors, subrecipients, and other payees; and

(C) Programs for which no current services or performance are required, such as annuities, insurance claims, or other benefit payments.charges made by a recipient or subrecipient to a project or program under an award.

The charges may be reported on a cash or accrual basis, as long as the methodology is disclosed and is consistently applied.

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For reports prepared on a cash basis, expenditures are the sum of:

a. Cash disbursements for direct charges for property and services;

b. The amount of indirect expense charged;

c. The value of third-party in-kind contributions applied; and

d. The amount of cash advance payments and payments made to subrecipients.

For reports prepared on an accrual basis, expenditures are the sum of:

a. Cash disbursements for direct charges for property and services;

b. The amount of indirect expense incurred;

c. The value of third-party in-kind contributions applied; and

d. The net increase or decrease in the amounts owed by the recipient or subrecipient for:

1. Goods and other property received;

2. Services performed by employees, contractors, subrecipients, and other payees; and

3. Programs for which no current services or performance are required, such as annuities, insurance claims, or other benefit payments.

Federal share. Federal share means the portion of the project costs under an award that is paid by Federal funds.

Fixed-amount award. Fixed-amount award means a DoD Component grant or cooperative agreement that provides for the recipient to be paid on the basis of performance and results, rather than the actual, allowable costs the recipient incurs.

Fixed-amount sub-award. Fixed-amount sub-award means a sub-award:

a. That a recipient or sub-recipient makes to another entity at the next lower tier; and

b. Under which the total amount to be paid to the other entity is based on performance and results, and not on the actual, allowable costs that entity incurs.

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Foreign organization. Foreign organization means an entity that is:

(1) A public or private organization located in a country other than the United States and its territories that is subject to the laws of the country in which it is located, irrespective of the citizenship of project staff or place of performance;

(2) A private nongovernmental organization located in a country other than the United States that solicits and receives cash contributions from the general public;

(3) A charitable organization located in a country other than the United States that is nonprofit and tax-exempt under the laws of the country where it is registered and is not a university, college, accredited degree-granting institution of education, private foundation, hospital, an organization engaged exclusively in research or scientific activities, church, synagogue, mosque or other similar entities organized primarily for religious purposes; or

(4) An organization located in a country other than the United States not recognized as a foreign public entity.an entity that is:

a. A public or private organization that is located in a country other than the United States and its territories and is subject to the laws of the country in which it is located, irrespective of the citizenship of project staff or place of performance;

b. A private nongovernmental organization located in a country other than the United States and its territories that solicits and receives cash contributions from the general public;

c. A charitable organization located in a country other than the United States and its territories that is nonprofit and tax exempt under the laws of its country of domicile and operation, and is not a university, college, accredited degree-granting institution of education, private foundation, hospital, organization engaged exclusively in research or scientific activities, church, synagogue, mosque or other similar entity organized primarily for religious purposes; or

d. An organization located in a country other than the United States and its territories that is not recognized as a foreign public entity.

Foreign public entity. Foreign public entity means:

(1) A foreign government or foreign governmental entity;

(2) A public international organization, which is an organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International

Organizations Immunities Act (22 U.S.C. 288-288f);

(3) An entity owned (in whole or in part) or controlled by a foreign government; or

(4) Any other entity consisting wholly or partially of one or more foreign governments or foreign governmental entities.

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c. An entity owned (in whole or in part) or controlled by a foreign government; or

d. Any other entity consisting wholly or partially of one or more foreign governments or foreign governmental entities.

Grant agreement or grant. Grant agreement or grant means a legal instrument of financial assistance between a Federal agency and a recipient or between a pass-through entity and a subrecipient, consistent with 31 U.S.C. 6302, 6304:

(1) Is used to enter into a relationship, the principal purpose of which is to transfer anything of value to carry out a public purpose authorized by a law of the United States (see 31 U.S.C.

6101(3)); and not to acquire property or services for the Federal agency or pass-through entity's direct benefit or use;

(2) Is distinguished from a cooperative agreement in that it does not provide for substantial involvement of the Federal agency in carrying out the activity contemplated by the Federal

(3) Does not include an agreement that provides only:

(i) Direct United States Government cash assistance to an individual;

(ii) A subsidy;

(iii) A loan;

(vi) A loan guarantee; or

(v) Insurance. 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 DoD’s direct benefit or use.

b. In which substantial involvement is not expected between DoD and the recipient when carrying out the activity contemplated by the award.

Grants Officer. Grants Officer means a DoD official with the authority to enter into, administer, and/or terminate grants or cooperative agreements.

Indian tribe. Indian tribe means Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. Chapter 33), which is recognized as eligible for the special programs and services provided by the United

States to Indians because of their status as Indians. See 25 U.S.C. 5304(e). This includes any

Indian Tribe identified in the annually published Bureau of Indian Affairs list of “Indian Entities

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Recognized and Eligible to Receive Services” and other entities that qualify as an Alaska Native village or regional village corporation as defined in or established pursuant to the Alaska Native

Claims Settlement Act.any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. Chapter 33), which is recognized as eligible for the special programs and services provided by the United States to

Indians because of their status as Indians (25 U.S.C. 450b (e)). See the annually published

Bureau of Indian Affairs list of Indian Entities Recognized and Eligible to Receive Services.

Indirect costs (also known as “Facilities and Administrative,” or F&A, costs). Indirect costs means those costs incurred for a common or joint purpose benefitting more than one cost objective and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved. It may be necessary to establish multiple pools of indirect costs to facilitate equitable distribution of indirect expenses to the cost objectives served. Indirect cost pools must be distributed to benefitted cost objectives on basis that will produce an equitable result in consideration of relative benefits derived. For Institutions of

Higher Education (IHE), the term facilities and administrative (F&A) cost is often used to refer to indirect costs. those costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved.

Institution of Hhigher Eeducation. Institution of Hhigher Eeducation is defined at 20 U.S.C.

1001. has the meaning specified at 20 U.S.C. 1001.

Local government. i. Local government means any unit of government within a State, including a:

(1) County;

(2) Borough;

(3) Municipality;

(4) City;

(5) Town;

(6) Township;

(7) Parish;

(8) Local public authority, including any public housing agency under the United States Housing

Act of 1937;

(9) Special district;

(10) School district;

(11) Intrastate district;

(12) Council of governments, whether or not incorporated as a nonprofit corporation under State law; and

(13) Any other agency or instrumentality of a multi-, regional, or intra-State or local government.

any unit of government within a State, including a:

a. County;

b. Borough;

c. Municipality;

d. City;

e. Town;

f. Township;

g. Parish;

h. Local public authority, including any public housing agency under the United States

Housing Act of 1937;

i. Special district;

j. School district;

k. Intrastate district;

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l. Council of governments, whether or not incorporated as a nonprofit corporation under State law; and

m. Any other agency or instrumentality of a multi-, regional, or intra-state or local government.

Management decision. Management decision means the Federal agency's or pass-through entity's written determination, provided to the auditee, of the adequacy of the auditee's proposed corrective actions to address the findings based on its evaluation of the audit findings and proposed corrective actions. a written decision issued to an audited entity by a DoD Component, another Federal agency that has audit or indirect cost cognizance or oversight responsibilities for the audited entity, or a recipient or subrecipient from which the audited entity received an award or subaward. The DoD Component, cognizant or oversight agency, recipient, or subrecipient issues the management decision to specify the corrective actions that are necessary after evaluating the audit findings and the audited entity’s corrective action plan.

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Nonprofit organization. Nonprofit organization means any organization that:

(1) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest;

(2) Is not organized primarily for profit;

(3) Uses net proceeds to maintain, improve, or expand the organization's operations; and

(4) Is not an IHE any corporation, trust, association, cooperative, or other organization, not including an institution of higher education, that:

a. Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest;

b. Is not organized primarily for profit; and

c. Uses net proceeds to maintain, improve, or expand the operations of the organization.

Obligation. Obligation means:

a. When used in conjunction with a DoD Component’s award, a legally binding agreement that will result in outlays, either immediately or in the future. Examples of actions through which a DoD Component incurs an obligation include the grants officer’s signature of an award (or modification of such awards) authorizing the recipient to use funds under the award.

b. When used in conjunction with a recipient’s or subrecipient’s use of funds under an award or subaward, an order placed for property and services, a contract or subaward made, or a similar transaction, during a given period that requires payment during the same or a future period.

Participant support costs. Participant support costs means direct costs that support participants (see definition for Participant in § 200.1) and their involvement in a Federal award, such as stipends, subsistence allowances, travel allowances, registration fees, temporary dependent care, and per diem paid directly to or on behalf of participants. direct costs for items such as stipends or subsistence allowances, travel allowances, and registration fees paid to or on behalf of participants or trainees (but not employees) in connection with conferences or training projects.

Parties. For purposes of this award, the parties are the U.S. Government as represented by the

DoD Office of Small Business Programs/ACC-APG and the Recipient.

Period of performance. Period of Performance means the time interval between the start and end date of a Federal award, which may include one or more budget periods. Identification of the period of performance in the Federal award consistent with § 200.211(b)(5) does not commit the

Federal agency to fund the award beyond the currently approved budget period. the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions, or budget periods. Identification of the period of performance in the Federal award per § 200.211(b)(5) does not commit the awarding agency to

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Procurement transaction. Procurement transaction means a legal instrument by which a recipient or subrecipient purchases property or services it needs to carry out the project or program under its award or subaward, respectively. A procurement transaction is distinct both from “subaward” and

“procurement contract,” as those terms are defined in this part.

Program income. Program income means gross income earned by the recipient or subrecipient that is directly generated by a supported activity or earned as a result of the Federal award during the period of performance except as provided in § 200.307(c). Program income includes but is not limited to income from fees for services performed, the use or rental of real or personal property acquired under Federal awards, the sale of commodities or items fabricated under a Federal award, license fees, and royalties on patents and copyrights, and principal and interest on loans made with Federal award funds. Interest earned on advances of Federal funds is not program income. Except as otherwise provided in Federal statutes, regulations, or the terms and conditions of the Federal award, program income does not include rebates, credits, discounts, and interest earned on any of them. See § 200.407. See also 35 U.S.C. 200-212

“Disposition of Rights in Educational Awards,” which applies to inventions made under Federal awards. gross income earned by a recipient or subrecipient that is directly generated by a supported activity or earned as a result of an award or subaward (during the period of performance unless the award or subaward specifies continuing requirements concerning disposition of program income after the end of that period).

a. Program income includes, but is not limited to, income from:

1. Fees for services performed;

2. The use or rental of real or personal property for which the recipient or

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3. The sale of commodities or items fabricated under the award or subaward;

4. License fees and royalties on patents and copyrights; and

5. Payments of principal and interest on loans made with award or subaward funds.

b. Program income does not include:

1. Interest earned on advances of Federal funds;

2. Proceeds from the sale of real property or equipment under the award; or

3. Unless otherwise specified in Federal statute or regulation, or the terms and conditions of the award or subaward:

a. Rebates, credits, discounts, and interest earned on any of them; or

b. Governmental revenues, taxes, special assessments, levies, fines, and similar revenues raised by the recipient or subrecipient

Project costs. Project costs means total allowable costs incurred under a Federal award and all cost sharing, including third-party contributions. the total of:

a. Allowable costs incurred under an award by the recipient, including costs of any subawards and contracts under the award; and

b. Cost sharing or matching contributions that are required under the award, which includes voluntary committed (but not voluntary uncommitted) contributions and the value of any third-party in-kind contributions.

Property. Property means real property or personal property. See this section's definitions of real property and personal property. real property and personal property (equipment, supplies, intangible property, and debt instruments), unless stated otherwise.

Real property. Real property means land, including land improvements, structures, and appurtenances thereto, and legal interests in land, including fee interest, licenses, rights of way, and easements. Real property excludes moveable machinery and equipment. land, including land improvements, structures and appurtenances thereto, but excluding moveable machinery and equipment

Recipient. m e a n s a n e n t i t y t h a t r e c e i v e s a F e d e r a l a w a r d d i r e c t l y f r o m a F e d e r a l a g e n c y t o c a r r y o u t a n a c t i v i t y u n d e r a F e d e r a l p r o g r a m .

T h e t e r m r e c i p i e n t d o e s n o t i n c l u d e s u b r e c i p i e n t s o r i n d i v i d u a l s t h a t a r e p a r t i c i p a n t s o r b e n e f i c i a r i e s o f t h e a w a r d . For purposes of this agreement, the Recipient is identified in block 7 of the SF26, as the entity that receives an award directly from a DoD Component. The term does not include subrecipients.

Research. Research means basic, applied, and advanced research.

Simplified acquisition threshold. Simplified acquisition threshold means means the dollar amount below which a recipient or subrecipient may purchase property or services using small purchase methods

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(see § 200.320). Recipients and subrecipients adopt small purchase procedures to expedite the purchase of items at or below the simplified acquisition threshold. The simplified acquisition threshold set in the FAR at

48 CFR part 2, subpart 2.1 is used in this part as the simplified acquisition threshold for secondary procurement activities administered under Federal awards. The recipient or subrecipient is responsible for determining an appropriate simplified acquisition threshold, which is less than or equal to the dollar value established in the FAR, based on internal controls, an evaluation of risk, and its documented procurement procedures. Recipients and subrecipients should also determine if local government purchasing laws apply.

This threshold must never exceed the dollar value established in the FAR. the dollar amount set by the

Federal Acquisition Regulation at 48 CFR Subpart 2.1, which is adjusted periodically for inflation in accordance with 41 U.S.C. 1908.

State. State means any State of the United States, the District of Columbia, the Commonwealth of

Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern

Mariana Islands, and any agency or instrumentality thereof exclusive of local governments. any

State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S.

Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any agency or instrumentality thereof exclusive of local governments.

Sub award. Sub-award means an award provided by a pass-through entity to a subrecipient for the subrecipient to contribute to the goals and objectives of the project by carrying out part of a Federal award received by the pass-through entity. It does not include payments to a contractor, beneficiary, or participant. A subaward may be provided through any form of legal agreement consistent with criteria in with § 200.331, including an agreement the pass-through entity considers a contract. a legal instrument by which a recipient or subrecipient at any tier transfers - for performance by an entity at the next lower tier - a portion of the substantive program for which the DoD Component made an award.

Sub- recipient. Sub-recipient means an entity that receives a subaward from a pass-through entity to carry out part of a Federal award. The term subrecipient does not include a beneficiary or participant. A subrecipient may also be a recipient of other Federal awards directly from a Federal agency. an entity that receives a sub-award.

Supplyies. Supplyies means all tangible personal property other than those described in the equipment definition. A computing device is a supply if the acquisition cost is below the lesser of the capitalization level established by the recipient or subrecipient for financial statement purposes or $10,000, regardless of the length of its useful life. See this section's definitions of computing devices and equipment. all tangible personal property, including a computing device, acquired under an award that does not meet the definition of equipment in this part.

Substantial Involvement. Substantial involvement means that in addition to DoD’s normal stewardship (i.e., site visits, program reviews, performance reporting, and financial reporting activities), it is anticipated that DoD may be involved through collaboration and participation in the efforts to be perform ed under the award.

Suspension. Suspension means either:

a. When used in the context of a specific award or subaward, the temporary withdrawal of authority for the recipient or subrecipient to obligate funds under the award or subaward, pending its taking corrective action or a decision to terminate the award or subaward.

b. When used in the context of an entity, an action by a DoD Component’s suspending official under 2 CFR part 1125, DoD’s regulation implementing OMB guidance on nonprocurement debarment and suspension in 2 CFR part 180, to immediately exclude the entity from participating in covered Federal Government transactions, pending completion of an investigation and any legal or debarment proceedings that ensue.

Termination. Termination means the action a Federal agency or pass-through entity takes to discontinue a Federal award, in whole or in part, at any time before the planned end date of the period of performance. Termination does not include discontinuing a Federal award due to a lack of available funds. the ending of an award or subaward, in whole or in part, at any time prior to the planned end of the period of performance.

Third-party in-kind contributions. Third-party in-kind contributions means the value of noncash contributions (meaning, property or services) that:

(1) Benefit a project or program funded by a Federal award; and

(2) Are contributed by non-Federal third parties, without charge, to a recipient or subrecipient

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a. A non-Federal third party contributes, without charge, either to a recipient or subrecipient at any tier under a DoD Component’s award; and

b. Is identified, and included in the approved budget of the DoD Component’s award, as a contribution being used toward meeting the award’s cost sharing or matching requirement

(which includes voluntary committed, but not voluntary uncommitted, contributions).

Total value. Total value of a DoD grant or cooperative agreement award means the total amount of costs that are currently expected to be charged to the award over its life, which includes amounts for:

a. The Federal share and any non-Federal cost sharing or matching required under the award; and

b. Any options, even if not yet exercised, for which the costs have been established in the

Unobligated balance. Unobligated balance means the amount of funds under a Federal award that the recipient or subrecipient has not obligated. The amount is computed by subtracting the cumulative amount of the recipient's or subrecipient's unliquidated financial obligations and expenditures under the Federal award from the cumulative amount of funds the Federal agency or pass-through entity authorized the recipient or subrecipient to obligate. the amount of funds under an award or subaward that the recipient or subrecipient has not obligated. The amount is computed by

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Voluntary (committed or uncommitted) cost sharing. Voluntary committed cost sharing cost sharing specifically pledged voluntarily in the proposal's budget on the part of the recipient or subrecipient, which becomes a binding requirement of the Federal award. See § 200.306.

a. Voluntary cost sharing means cost sharing that an entity pledges voluntarily in its application or proposal (i.e., not due to a stated cost-sharing requirement in the notice of funding opportunity to which the entity’s application or proposal responds).

b. Voluntary committed cost sharing means voluntary cost sharing that a DoD Component accepts through inclusion in the approved budget for the project or program and as a binding requirement of the terms and conditions of the award made to the entity in response to its application or proposal.

c. Voluntary uncommitted cost sharing means voluntary cost sharing that does not meet the criterion in paragraph b of this definition.

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SUBDIVISION B – ADMINISTRATIVE REQUIREMENTS

These general terms and conditions implement Office of Management and Budget (OMB) guidance, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” published in the Code of Federal Regulations (CFR) at 2 CFR 200, and implemented by the DoD at 2

CFR part 1104, “IMPLEMENTATION OF GOVERNMENTWIDE GUIDANCE FOR GRANTS AND

COOPERATIVE AGREEMENTS” (79 FR 76047, December 19, 2014 as amended at 85 FR 49506, August 13, 2020).

If any part of the General Terms and Conditions is found not to be enforceable, the remainder of the

General Terms and Conditions remains enforceable.

PART 1…