(a) Accrued expenditures means the charges incurred by the recipient
during a given period requiring the provision of funds for:
(1) Goods and other tangible property received;
(2) Services performed by employees, contractors, subrecipients, and
other payees; and,
(3) Other amounts becoming owed under programs for which no current
services or performance is required.
(b) Accrued income means the sum of:
(1) Earnings during a given period from
(i) Services performed by the recipient, and
(ii) Goods and other tangible property delivered to purchasers, and
(2) Amounts becoming owed to the recipient for which no current
services or performance is required by the recipient.
(c) Acquisition cost of equipment means the net invoice price of the
equipment, including the cost of modifications, attachments,
accessories, or auxiliary apparatus necessary to make the property
usable for the purpose for which it was acquired. Other charges, such as
the cost of installation, transportation, taxes, duty or protective in-
transit insurance, shall be included or excluded from the unit
acquisition cost in accordance with the recipient's regular accounting
practices.
(d) Advance means a payment made by Treasury check or other
appropriate payment mechanism to a recipient upon its request either
before outlays are made by the recipient or through the use of
predetermined payment schedules.
(e) Award means financial assistance that provides support or
stimulation to accomplish a public purpose. Awards include grants and
other agreements in the form of money or property in lieu of money, by
DOL to an eligible recipient. The term does not include: technical
assistance, which provides services instead of money; other assistance
in the form of loans, loan guarantees, interest subsidies, or insurance;
direct payments of any kind to individuals; and, contracts which are
required to be entered into and administered under procurement laws and
regulations.
(f) Cash contributions means the recipient's cash outlay, including
the outlay of money contributed to the recipient by third parties.
(g) Closeout means the process by which DOL determines that all
applicable administrative actions and all required work of the award
have been completed by the recipient and DOL.
(h) Commercial organization means any business entity organized
primarily for profit (even if its ownership is in the hands of a
nonprofit entity) with a place of business located in or outside the
United States. The term includes, but is not limited to, an individual,
partnership, corporation, joint venture, association, or cooperative.
(i) Contract means a procurement contract under an award or
subaward, and a procurement subcontract under a recipient's or
subrecipient's contract.
(j) Cost sharing or matching means that portion of project or
program costs not borne by DOL.
(k) Date of completion means the date on which all work under an
award is completed or the date on the award document, or any supplement
or amendment thereto, on which DOL sponsorship ends.
(l) Disallowed costs means those charges to an award that DOL
determines to be unallowable, in accordance with the applicable Federal
cost principles or other terms and conditions contained in the award.
(m) DOL means the U.S. Department of Labor, including its agencies
and organizational units.
(n) Equipment means tangible nonexpendable personal property
including exempt property charged directly to the award having a useful
life of more than one year and an acquisition cost of $5,000 or more per
unit. However, consistent with recipient policy, lower limits may be
established. Equipment includes, but is not limited to, equipment
acquired before the publication of these regulations and equipment
transferred from prior years.
(o) Excess property means property under the control of DOL that, as
determined by the Secretary of Labor, is no longer required for its
needs or the discharge of its responsibilities.
(p) Exempt property means tangible personal property acquired in
whole or
in part with Federal funds, where DOL has statutory authority to vest
title in the recipient without further obligation to the Federal
Government.
(q) Federal agency means any United States executive department,
military department, government corporation, government controlled
corporation, any other establishment in the executive branch (including
the Executive Office of the President), or any independent regulatory
agency.
(r) Federal awarding grantor agency means the Federal agency that
provides an award to the recipient.
(s) Federal funds authorized means the total amount of Federal funds
obligated by DOL for use by the recipient. This amount may include any
authorized carryover of unobligated funds from prior funding periods
when permitted by DOL's regulations or DOL's implementing instructions.
(t) Federal share of real property, equipment, or supplies means
that percentage of the property's acquisition costs and any improvement
expenditures paid with Federal funds.
(u) Funding period means the period of time when Federal funding is
available for obligation by the recipient.
(v) Grant officer means any person authorized to enter into, modify
or terminate any financial assistance awards and make related
determinations and findings. DOL grant officers shall be designated by
name on a ``Certificate of Appointment.''
(w) Intangible property and debt instruments means, but is not
limited to, trademarks, copyrights, patents and patent applications and
such property as loans, notes and other debt instruments, lease
agreements, stock and other instruments of property ownership, whether
considered tangible or intangible.
(x) Obligations means the amounts of orders placed, contracts and
grants awarded, services received and similar transactions during a
given period that require payment by the recipient during the same or a
future period.
(y) Outlays or expenditures means charges made to the project or
program. They may be reported on a cash or accrual basis. For reports
prepared on a cash basis, outlays are the sum of cash disbursements for
direct charges for goods and services, the amount of indirect expense
charged, the value of third party in-kind contributions applied and the
amount of cash advances and payments made to subrecipients. For reports
prepared on an accrual basis, outlays are the sum of cash disbursements
for direct charges for goods and services, the amount of indirect
expense incurred, the value of in-kind contributions applied, and the
net increase (or decrease) in the amounts owed by the recipient for
goods and other property received, for services performed by employees,
contractors, subrecipients and other payees and other amounts becoming
owed under programs for which no current services or performance are
required.
(z) Personal property means property of any kind except real
property. It may be tangible, having physical existence, or intangible,
having no physical existence, such as copyrights, patents, or
securities.
(aa) Prior approval means written approval by an authorized official
evidencing prior consent.
(bb) Program income means gross income earned by the recipient that
is directly generated by a supported activity or earned as a result of
the award (see exclusions in Sec. 95.24(e) and (h)). 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
federally-funded projects, the sale of commodities or items fabricated
under an award, license fees and royalties on patents and copyrights,
and interest on loans made with award funds. Interest earned on advances
of Federal funds is not program income. Except as otherwise provided in
Federal awarding agency regulations or the terms and conditions of the
award, program income does not include the receipt of principal on
loans, rebates, credits, discounts, etc., or interest earned on any of
them.
(cc) Project costs means all allowable costs, as set forth in the
applicable Federal cost principles, incurred by a recipient and the
value of the contributions made by third parties in accomplishing the
objectives of the award during the project period.
(dd) Project period means the period established in the award
document during which Federal sponsorship begins and ends.
(ee) Property means, unless otherwise stated, real property,
equipment, intangible property and debt instruments.
(ff) Real property means land, including land improvements,
structures and appurtenances thereto, but excludes movable machinery and
equipment. Real property includes, but is not limited to, real property
acquired before publication of these regulations and real property
transferred from prior years.
(gg) Recipient means an organization receiving financial assistance
directly from DOL to carry out a project or program. The term includes
public and private institutions of higher education, public and private
hospitals, and other quasi-public and private non-profit organizations
such as, but not limited to, community action agencies, research
institutes, educational associations, and health centers. The term also
includes commercial organizations, foreign or international
organizations (such as agencies of the United Nations) which are
recipients, subrecipients, or contractors or subcontractors of
recipients or subrecipients. The term does not include government-owned
contractor-operated facilities or research centers providing continued
support for mission-oriented, large-scale programs that are government-
owned or controlled, or are designated as federally-funded research and
development centers.
(hh) Research and development means all research activities, both
basic and applied, and all development activities that are supported at
universities, colleges, and other non-profit institutions. ``Research''
is defined as a systematic study directed toward fuller scientific
knowledge or understanding of the subject studied. ``Development'' is
the systematic use of knowledge and understanding gained from research
directed toward the production of useful materials, devices, systems, or
methods, including design and development of prototypes and processes.
The term research also includes activities involving the training of
individuals in research techniques where such activities utilize the
same facilities as other research and development activities and where
such activities are not included in the instruction function.
(ii) Small awards means a grant or cooperative agreement not
exceeding the small purchase threshold fixed at 41 U.S.C. Sec. 403(11)
(currently $25,000).
(jj) Subaward means an award of financial assistance in the form of
money, or property in lieu of money, made under an award by a recipient
to an eligible subrecipient or by a subrecipient to a lower tier
subrecipient. The term includes financial assistance when provided by
any legal agreement, even if the agreement is called a contract, but
does not include procurement of goods and services nor does it include
any form of assistance which is excluded from the definition of
``award'' in paragraph (e) of this section.
(kk) Subrecipient means the legal entity to which a subaward is made
and which is accountable to the recipient for the use of the funds
provided. The term includes foreign organizations and international
organizations (such as agencies of the United Nations).
(ll) Supplies means all personal property excluding equipment,
intangible property, and debt instruments as defined in this section,
and inventions of a contractor conceived or first actually reduced to
practice in the performance of work under a funding agreement (``subject
inventions''), as defined in 37 CFR part 401, ``Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts, and Cooperative Agreements.''
(mm) Suspension means an action by DOL that temporarily withdraws
Federal sponsorship under an award, pending corrective action by the
recipient or pending a decision to terminate the award by the Federal
awarding agency. Suspension of an award is a separate action from
suspension under DOL's regulations at 29 CFR part 98, implementing
E.O.'s 12549 and 12689, ``Debarment and Suspension.'' See 29 CFR part
98, subpart D.
(nn) Termination means the cancellation of Federal sponsorship, in
whole or
in part, under an agreement at any time prior to the date of completion.
(oo) Third party in-kind contributions means the value of non-cash
contributions provided by non-Federal third parties. Third party in-kind
contributions may be in the form of real property, equipment, supplies
and other expendable property, and the value of goods and services
directly benefiting and specifically identifiable to the project or
program.
(pp) Unliquidated obligations, for financial reports prepared on a
cash basis, means the amount of obligations incurred by the recipient
that have not been paid. For reports prepared on an accrued expenditure
basis, they represent the amount of obligations incurred by the
recipient for which an outlay has not been recorded.
(qq) Unobligated balance means the portion of the funds authorized
by DOL that has not been obligated by the recipient and is determined by
deducting the cumulative obligations from the cumulative funds
authorized.
(rr) Unrecovered indirect cost means the difference between the
amount awarded and the amount which could have been awarded under the
recipient's approved negotiated indirect cost rate.
(ss) Working capital advance means a procedure whereby funds are
advanced to the recipient to cover its estimated disbursement needs for
a given initial period.
