State provisions NGR 5-1 Article VIII and Definitions~50.pdf

National Guard Regulation 5-1

Management

National Guard Grants and Cooperative Agreements

National Guard Bureau Arlington, VA 22202-3231 28 May 2010

UNCLASSIFIED

NGR 5-1 28 May 2010

Appendix A References

Section I Required Publications

This section has no entries

Section II Related Publications

AFI 25-201

Logistics- Support Agreements Procedures

ANGI 65-601

Air National Guard Financial Management

DAADS Instructions Defense Assistance Awards Reporting Data System

DFAS 37-100- XX Manuals

The Army Management Structure

DoD Instruction 4000.19 Inter-service and Intra-governmental Support

DODD 3210.6R

Defense Grants and Agreements Regulatory System (DGARS)

DoD FMR V12 Ch5 Grants and Cooperative Agreements

NGB Office of the PARC Document Library Grants Cooperative Agreement Policy Letters (GCAPL) and Point Papers

OMB Cir No A-89 Federal Domestic Assistance Program Information

OMB Cir No A-133 Audits of States, Local Governments and Non-Profit Organizations

OMB Cir No A-102

Grants and Cooperative Agreements with State and Local Governments

OMB Cir A-123

Internal Control Systems Management Accountability and Control

2 CFR 215

Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations

28 May 2010 NGR 5-1

2 CFR 225

Cost Principles for State, Local and Indian Tribal Governments

10 USC Ch 1803

Facilities for Reserve Components

31 CFR 205

Rules and Procedures for Efficient Federal-State Funds Transfers

31 USC Ch 63

Using Procurement Contracts and Grant and Cooperative Agreements

31 USC Ch 65

Intergovernmental Cooperation

31 USC Ch 75

Requirements for Single Audits

32 CFR 33

Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments

32 USC

United States Code

Section III Prescribed Forms

This section has no entries

Section IV Referenced Forms

DD Form 577 Appointment/Termination Record – Authorized Signature

DD Form 2566 DoD Assistance Award Action Report

SF 270

Request for Advance or Reimbursement

Glossary

Section I Abbreviations

ANG

Air National Guard

ARNG

Army National Guard

CA

Cooperative Agreement

CA PM

Cooperative Agreement Program Manager at State level

CCR Central Contractor Registry

CFR

Code of Federal Regulations

CFMO

Chief Facilities Management Officer

CNGB

Chief, National Guard Bureau

CNGB I & M Chief, National Guard Bureau Information Management

DAADS

Defense Assistance Awards Reporting System

DoDGARS Defense Grants Management Information System

DoD Department of Defense

EPLS Excluded Parties List System

GOR

Grants Officer’s Representative

MCA

Master Cooperative Agreement

MCCA

Military Construction Cooperative Agreement

NG

National Guard

NGB

National Guard Bureau

NGB-OPR- PM

National Guard Bureau Office of Primary Responsibility Program Manager

NGR 5-1 National Guard Regulation 5-1 (contains the MCA)

OMB

Office of Management and Budget

PARC NGB Office of Grants and Cooperative Agreements

SJA

Staff Judge Advocate (Local AGR)

TAG

The Adjutant General

USC

United States Code (of Federal Public Law)

USPFO

United States Property and Fiscal Office or United States Property and Fiscal Officer

Section II Terms

Army National Guard and Air National Guard Master Cooperative Agreements Any agreements entered into by the Department of Defense, National Guard Bureau, with the States, funded by Department of Defense appropriations for the Army National Guard and Air National Guard, for construction, minor construction, maintenance, repair, or operation of facilities, operations of the Army National Guard and Air National Guard, and for other programs authorized and directed by Congress or the Department of Defense to be performed by the States and the National Guard Bureau.

Air National Guard That part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that—a) is an air force; b) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I of the Constitution; c) is organized, armed, and equipped wholly or partly at Federal expense;

and d) is federally recognized (32 U.S.C. § 101).

Army National Guard That part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that—a) is a land force; b) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I of the Constitution; c) is organized, armed, and equipped wholly or partly at Federal expense;

and d) is federally recognized (32 U.S.C. § 101).

Airport Authority A Public Agency controlling a Public Airport A Public Agency means a State or any agency of a State, a municipality or other political subdivision of a State, a tax supported organization, or an Indian tribe or pueblo.

Public Airport means an airport which is used for or to be used for public purposes, under the control of a public agency, and the landing area of which is publicly owned. [Extracted from Public Law 97-248]

Chief, National Guard Bureau The Chief, National Guard Bureau means the head of the National Guard Bureau or his/her designee.

Direct Costs Are costs that can be identified specifically with a particular cost objective. These costs may be charged directly to the CA against which costs are finally lodged. Direct costs may also be charged to cost objectives used for the accumulation of costs pending distribution in due course to the CAs ultimate cost objective.

Equipment For the purposes of 32 CFR 33.32, equipment means any equipment purchased for the performance of this MCA that is not "military equipment”.

Fiscal Year The Federal Fiscal Year that runs from October 1 to September 30

Grantee The State (TAG), organization or other entity receiving a grant or cooperative agreement from a DoD Component

Grants Officer (Grantor) An individual appointed by the NGB, Head of Contracting Activity (HCA) authorized to provide approvals, receive reports, modify or change the terms of this MCA, provide funds under the MCA or take any other action for NGB under this MCA except for deciding any appeal of a dispute under this MCA as provided in Article XII – Termination, Enforcement, Claims, Disputes, Resolution and Appeals, Section 1203.

Grants Officer Representative A representative of the grants officer acts within the limits of his or her authority as delegated, in writing, by the grants officer

Indirect costs Are generally unallowable for CA purposes. Indirect costs are those costs incurred for a common or joint purpose benefiting more than one cost objective, and not readily assignable to the cost objectives specifically benefited.

In-Kind Assistance The Federal procurement of supplies and or services, in lieu of funds, to satisfy NGB’s obligation of assistance support to the grantee

In-Kind Contribution Property or services (valued at the time of the contribution at fair market value) which benefit a federally assisted program or activity contributed by the grantee to satisfy (in whole or in part) the grantee’s match share of assistance to the agreement.

Interservice. Intraservice or Intragovernmental Support Agreement A formal agreement that defines recurring services to be provided by one supplier to one or more receivers and defines the basis for calculating reimbursement charges for services. It shall be used to define clearly the terms and conditions of the agreement including, when appropriate, a cost breakdown, and special instruction for each area or category of support.

Local Government Entities State political subdivisions, counties, cities, towns, townships, airport authorities, school districts

National Guard Bureau Is a Joint Bureau of the Department of the Army and the Department of the Air Force, headed by a chief who is the advisor to the Army Chief of Staff and the Air Force Chief of Staff on National Guard matters. The National Guard Bureau is the channel of communication between the departments concerned and the several States, Territories, Puerto Rico, and the District of Columbia, on all matters pertaining to the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States.

State Any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any Territory or possession of the United States, or any agency or instrumentality of a State exclusive of local governments. (DoDGARS, Part 33.3)

Supplies For the purposes of 32 CFR 33.33, supplies means any supplies purchased for the performance of this MCA that are not "military supplies”.

Territory Territory means any Territory. However, for purposes of laws relating to the militia, the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States, "Territory" includes Guam and the Virgin Islands (32 U.S.C. § 101).

The Adjutant General

a. The Adjutant General (TAG) is the head of the State [Commonwealth, or Territory] Military Department, appointed by the Governor of the State [Commonwealth, or Territory], according to the respective State's [Commonwealth's, or Territory's] constitution, or statute.

b. The TAG: 1) receives funds and property and accounts for all expenditures and property acquired through this MCA; and 2) make returns and reports concerning those expenditures and that property, as required by this MCA.

United States Property and Fiscal Officer

a. The United States Property and Fiscal Officer (USPFO) is the qualified commissioned officer of the Army National Guard or the Air National Guard, as the case may be, designated by the Chief, National Guard Bureau, to be the United States Property and Fiscal Officer of a State or Territory.

b. The USPFO receives and accounts for all funds and property of the United States in the possession of the National Guard for which he/she is property and fiscal officer; and make returns and reports concerning those funds and that property, as required by the Secretary concerned. (32 USC Section 708)