EDGAR Part 74 Subpart B (Pre-Award Requirements)
Subpart B_Pre-Award Requirements
Sec. 74.10 Purpose.
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)
Sec. 74.11 Pre-award policies.
(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)
Sec. 74.12 Forms for applying for Federal assistance.
(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.
(Approved by the Office of Management and Budget under control number
1880-0513)
(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]
Sec. 74.13 Debarment and suspension.
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)
Sec. 74.14 Special award conditions.
(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)
Sec. 74.15 Metric system of measurement.
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)
Sec. 74.16 Resource Conservation and Recovery Act.
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)
Sec. 74.17 Certifications and representations.
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)
EDGAR version June 23, 2005
