Establishes principles for determining costs applicable to grants, contracts, and other agreements with educational institutions.
Cost Accounting Standards (CAS)
Set of 19 standards and rules promulgated by the US for use in determining costs on negotiated procurements. CAS differs from the Federal Acquisition Regulation (FAR) in that FAR applies to substantially all contractors, whereas CAS applies primarily to the larger ones.
It sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and non-profit organizations expending Federal awards.
37 CFR 401 (patents & inventions)
Rights to inventions made by non-profit organizations and small business firms under government grants, contracts, and cooperative agreements.
Promotes cooperative research and development among universities, government, and the private sector. The Act amended 35 U.S.C. §103(c) to provide that subject matter developed by another person shall be treated as owned by the same person or subject to an obligation of assignment to the same person for purposes of determining obviousness if three conditions are met: The claimed invention was made by or on behalf of parties to a joint research agreement that was in effect on or before the date the claimed invention was made; the claimed invention was made as a result of activities undertaken within the scope of the joint research agreement; and the patent application for the claimed invention discloses or is amended to disclose the names of the parties to the joint research agreement.
Paperwork Reduction Act
Designed to reduce the total amount of paperwork burden the federal government imposes private businesses and citizens. The Act imposes procedural requirements on agencies that wish to collect information from the public. It also established the Office of Information and Regulatory Affairs(OIRA) within the Office of Management and Budget (OMB), and authorized this new agency to oversee federal agencies' collection of information from the public and to establish information policies. A substantial amendment, the Paperwork Reduction Act of 1995, confirmed that OIRA's authority extended over not only agency orders to provide information to the government, but also agency orders to provide information to the public.
Sets forth standards for obtaining consistency and uniformity among Federal agencies in the administration of grants to and agreements with institutions of higher education, hospitals, and other non-profit organizations.
Coordinated Review (EO 12372)
Executive Order 12372 (E.O. 12372), ?Intergovernmental Review of Federal Programs,? structures the federal government?s system of consultation with state and local governments on its decisions involving grants, other forms of financial assistance, and direct development. Under E.O. 12372, states, in consultation with their local governments, design their own review processes and select those federal financial assistance and direct development activities they wish to review.
Federal Acquisition Regulations (FAR
The Department of Defense (DoD), GSA, and the National Aeronautics and Space Administration (NASA) jointly issue the Federal Acquisition Regulation (FAR) for use by executive agencies in acquiring goods and services.
Civil Rights Act of 1964
Enacted July 2, 1964). A landmark piece of legislation that outlawed major forms of discrimination against racial, ethnic, national and religious minorities, and women. Ended unequal application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public ("public accommodations").
Rehabilitation Act of 1973 (Employment of the Handicapped)
Replaces the Vocational Rehabilitation Act, to extend and revise the authorization of grants to States for vocational rehabilitation services, with special emphasis on services to those with the most severe handicaps, to expand special Federal responsibilities and research and training programs with respect to handicapped individuals, to establish special responsibilities in the Secretary of Health, Education, and Welfare for coordination of all programs with respect to handicapped individuals within the Department of Health, Education, and Welfare, and for other purposes.
Americans with Disabilities Act
The ADA is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability.
Sex Discrimination (Title IX)
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.
Age Discrimination Act of 1975
Law which prohibits discrimination based on age in programs or activities that receive federal financial assistance.
Equal Employment Opportunity
Created to prohibit federal contractors from discriminating against employees on the basis of race, sex, creed, religion, color, or national origin. Also includes age discrimination, disabilities, discrimination on basis of family history and genetic information, as well as military history including effects the battlefield might have on the worker?s psyche. Also required contractors to implement affirmative action plans to increase the participation of minorities and women in the workplace.
Affirmative Action for Special Disabled and Vietnam Era Veterans
The Vietnam Era Veterans Readjustment Assistance Act of 1974 forbids discrimination on the grounds of a worker's military history, including any effects that the battlefield might have had on the worker's psyche.
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment & Rehabilitation Act of 1970
Enacted to approach alcohol abuse and alcoholism from a comprehensive community care standpoint, and to meet the problems of alcohol abuse and alcoholism through:1)comprehensive federal, state, and local planning for, and effective use of, federal assistance to states, and direct federal assistance to community-based programs to meet the urgent needs of special populations, in coordination with all other governmental and nongovernmental sources of assistance;2)the development of methods for diverting problem drinkers from criminal justice systems into prevention and treatment programs;3)the development and encouragement of prevention programs designed to combat the spread of alcoholism, alcohol abuse, and abuse of other legal and illegal drugs;4) the development and encouragement of effective occupational prevention and treatment programs within government and in cooperation with the private sector; and 5) increased federal commitment to research into the behavioral and biomedical etiology of, the treatment of, and the mental and physical health and social and economic consequences of, alcohol abuse and alcoholism.
Drug Abuse Office and Treatment Act of 1972
Requires any private or public general hospital receiving federal support to not discriminate against drug abusers with medical conditions because of their drug abuse or drug dependence.
Utilization of Small and Small Disadvantaged Business Concerns, Utilization of Woman-Owned Small Businesses, Utilization of Small Businesses in HUBZones, Veteran-Owned Small Business Concerns, Service-Disabled Veteran-Owned Small Business Concerns
It is the policy of the United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts led by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems.
Privacy Act of 1974
Governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals that is maintained in systems of records by federal agencies. Requires that agencies give the public notice of their systems of records by publication in the Federal Register. Prohibits the disclosure of information from a system of records absent the written consent of the subject individual, unless the disclosure is pursuant to one of twelve statutory exceptions. Provides individuals with a means by which to seek access to, and amendment of their records, and sets forth various agency record-keeping requirements.
Confidentiality of Patient Records
As a general rule, a physician, a physician?s clinic, or group practice "owns" medical records subject to the patient?s expectation and right of privacy, and the doctor-patient privilege. The information within the medical record is considered the property of the patient, and the patient has an ethical right and generally, a legal right, to prompt and complete access to this information. By federal statute and regulations, (HIPAA, 1996), relatively new restrictions and regulations have been introduced and the practitioner is required to become familiar with the law. Ownership of patient medical records is also subject to the patient?s right to obtain copies of those records or to have copies transferred to another person. Most states provide for an exception, excusing a refusal to deliver medical records to a patient if it is determined that information in the records could be detrimental to the physical or mental health of the patient, or is likely to cause the patient to harm him or herself or someone else.
HIPAA Patient Privacy Rule
The Office for Civil Rights enforces the HIPAA Privacy Rule, which protects the privacy of individually identifiable health information; the HIPAA Security Rule, which sets national standards for the security of electronic protected health information; and the confidentiality provisions of the Patient Safety Rule, which protect identifiable information being used to analyze patient safety events and improve patient safety.
Freedom of Information Act (FOIA)
Allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. The Act defines agency records subject to disclosure, outlines mandatory disclosure procedures and grants nine exemptions to the statute.
Data Access (Shelby Amendment)
Tasks the Office of Management and Budget (OMB) to change OMB Circular A-110 so that all federally-funded research data can be accessed through the mechanisms set forth in the Freedom of Information Act (FOIA).
Data are of high quality "if they are fit for their intended uses in operations, decision making and planning" . Alternatively, the data are deemed of high quality if they correctly represent the real-world construct to which they refer.
National Historic Preservation Act of 1966
Legislation intended to preserve historical and archaeological sites in the US. Created the National Register of Historic Places, the list of National Historic Landmarks, and the State Historic Preservation Offices.
Protection and Enhancement of the Cultural Environment
The Federal Government shall provide leadership in preserving, restoring and maintaining the historic and cultural environment of the Nation.
Archaeological and Historic Preservation Act of 1974
This statute also is known as the Archeological Recovery Act and the Moss-Bennett bill. Amended and expanded the Reservoir Salvage Act of 1960. The AHPA required that Federal agencies provide for "...the preservation of historical and archeological data (including relics and specimens) which might otherwise be irreparably lost or destroyed as the result of...any alteration of the terrain caused as a result of any Federal construction project of federally licensed activity or program (Section 1)."
Clean Air Act
The Clean Air Act is the law that defines EPA's responsibilities for protecting and improving the nation's air quality and the stratospheric ozone layer.
Clean Water Act
Establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters.
National Environmental Policy Act of 1969
Establishes a broad national framework for protecting our environment. NEPA's basic policy is to assure that all branches of government give proper consideration to the environment prior to undertaking any major federal action that could significantly affect the environment.
Aquatic Nuisance Prevention and Control Act
Established a broad new Federal program to prevent introduction of and to control the spread of introduced aquatic nuisance species and the brown tree snake.
Flood Disaster Protection Act
To expand the national flood insurance program by substantially increasing limits of coverage and total amount of insurance authorized to be outstanding and by requiring known flood-prone communities to participate in the program, and for other purposes.
Protection of Wetlands
Established to avoid to the extent possible the long and short term adverse impacts associated with the destruction or modification of wetlands and to avoid direct or Indirect support of new construction in wetlands wherever there is a practicable alternative.
Evaluation of Flood Hazards in Flood Plains
Through its Flood Hazard Mapping Program, FEMA identifies flood hazards, assesses flood risks, and partners with States and communities to provide accurate flood hazard and risk data to guide them to mitigation actions.
Safe Drinking Water Act
Main federal law that ensures the quality of Americans' drinking water. Under SDWA, EPA sets standards for drinking water quality and oversees the states, localities, and water suppliers who implement those standards.
Human Subjects Protection
The current U.S. system of protection for human research subjects is heavily influenced by the Belmont Report, written in 1979 by the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report outlines the basic ethical principles in research involving human subjects. In 1981, with this report as foundational background, HHS and the Food and Drug Administration revised, and made as compatible as possible under their respective statutory authorities, their existing human subjects regulations. The Federal Policy for the Protection of Human Subjects or the ?Common Rule? was published in 1991 and codified in separate regulations by 15 Federal departments and agencies, as listed below. The HHS regulations, 45 CFR part 46, include four subparts: subpart A, also known as the Federal Policy or the ?Common Rule?; subpart B, additional protections for pregnant women, human fetuses, and neonates; subpart C, additional protections for prisoners; and subpart D, additional protections for children. Each agency includes in its chapter of the Code of Federal Regulations [CFR] section numbers and language that are identical to those of the HHS codification at 45 CFR part 46, subpart A. For all participating departments and agencies the Common Rule outlines the basic provisions for IRBs, informed consent, and Assurances of Compliance. Human subject research conducted or supported by each federal department/agency is governed by the regulations of that department/agency. The head of that department/agency retains final judgment as to whether a particular activity it conducts or supports is covered by the Common Rule. If an institution seeks guidance on implementation of the Common Rule and other applicable federal regulations, the institution should contact the department/agency conducting or supporting the research.
Use of Animals in Research
Any grantee performing research on vertebrate animals shall comply with the Animal Welfare Act [7 U.S.C. 2131 et seq.] and the regulations promulgated there under by the Secretary of Agriculture [9 CFR 1.1-4.11] pertaining to the humane care, handling, and treatment of vertebrate animals held or used for research, teaching or other activities supported by Federal awards.
Research Involving Recombinant DNA Molecules
Practices for constructing and handling: (i) recombinant nucleic acid molecules, (ii) synthetic nucleic acid molecules, including those that are chemically or otherwise modified but can base pair with naturally occurring nucleic acid molecules, and (iii) cells, organisms, and viruses containing such molecules.
Endangered Species Act of 1973
Designed to protect critically imperiled species from extinction as a "consequence of economic growth and development untempered by adequate concern and conservation." The Act is administered by two federal agencies, the United States Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA).
Marine Mammal Protection Act
First act to call specifically for an ecosystem approach to natural resource management and conservation. MMPA prohibits the taking of marine mammals, and enacts a moratorium on the import, export, and sale of any marine mammal, along with any marine mammal part or product within the United States. The Act defines "take" as "the act of hunting, killing, capture, and/or harassment of any marine mammal; or, the attempt at such." The MMPA defines harassment as "any act of pursuit, torment or annoyance which has the potential to either: a. injure a marine mammal in the wild, or b. disturb a marine mammal by causing disruption of behavioral patterns, which includes, but is not limited to, migration, breathing, nursing, breeding, feeding, or sheltering." The MMPA provides for enforcement of its prohibitions, and for the issuance of regulations to implement its legislative goals.
Human Embryo Research and Cloning
Human Cloning and Embryo Research Act of 2004: An Act to prohibit human cloning for reproduction and other unacceptable practices associated with reproductive technology and to regulate certain activities involving the use of human embryos
Lead-Based Paint Poisoning Prevention Act
Establishes steps and imposes conditions as may be necessary or appropriate to prohibit the application of lead-based paint to any cooking utensil, drinking utensil, or eating utensil; prohibit the use of lead-based paint in residential structures constructed or rehabilitated by the Federal Government, or with Federal assistance; and prohibits the application of lead-based paint to any toy or furniture article, all after January 13, 1971.
USA PATRIOT Act
The act, as a response to the terrorist attacks of September 11th, significantly reduced restrictions in law enforcement agencies' gathering of intelligence within the United States; expanded the Secretary of the Treasury?s authority to regulate financial transactions, particularly those involving foreign individuals and entities; and broadened the discretion of law enforcement and immigration authorities in detaining and deporting immigrants suspected of terrorism-related acts. The act also expanded the definition of terrorism to include domestic terrorism, thus enlarging the number of activities to which the USA PATRIOT Act?s expanded law enforcement powers can be applied. Also requires both individuals and institutions to not produce, acquire, retain, or possess types and quantities of any biological materials.
Public Health Security and Bioterrorism Preparedness and Response Act of 2002
Intended to establish new requirements for registration of possession, use, and transfer of Select Agents and Toxins that could pose a threat to human, animal, and plant safety and health.
Under United States law, "Biological Select Agents or Toxins" (BSATs) ? or simply Select Agents for short ? are bio-agents which since 1997 have been declared by the U.S. Department of Health and Human Services (HHS) or by the U.S. Department of Agriculture (USDA) to have the "potential to pose a severe threat to public health and safety". These bio-agents are divided into three broad categories: (1) HHS select agents and toxins (affecting humans); (2) USDA select agents and toxins (affecting agriculture); and (3) Overlap select agents and toxins (affecting both). The U.S. Centers for Disease Control and Prevention (CDC) administers the Select Agent Program (SAP), which regulates the laboratories which may possess, use, or transfer select agents within the United States.
A foreign national is a person who is not a US citizen or lawful permanent resident, not a protected individual such as an asylum holder or refugee, any foregin corporation or other entity not incorporated or organized to do business in the US, and any foreign government.
Information Technology Systems Security
Congress enacted the Clinger?Cohen Act to reform and improve the way Federal agencies acquire and manage IT resources. Central to implementing these reforms is the need to establish effective IT leadership within each agency. The law requires each agency head to establish clear accountability for IT management activities by appointing an agency Chief Information Officer (CIO) with the visibility and management responsibilities necessary to carry out the specific provisions of the Act.
Export Administration Regulations (EAR)
These regulations are issued by the United States Department of Commerce, Bureau of Industry & Security (BIS) under laws relating to the control of certain exports, re-exports, and activities. In addition, the EAR implement antiboycott law provisions requiring regulations to prohibit specified conduct by United States persons that has the effect of furthering or supporting boycotts fostered or imposed by a country against a country friendly to United States.
International Traffic in Arms Regulations (ITAR)
Regulations that control the export and import of defense-related articles and services on the United States Munitions List (USML). These regulations implement the provisions of the Arms Export Control Act (AECA), and are described in Title 22 (Foreign Relations), Chapter I (Department of State), Subchapter M of the Code of Federal Regulations. The Department of State Directorate of Defense Trade Controls (DDTC) interprets and enforces ITAR. Its goal is to safeguard U.S. national security and further U.S. foreign policy objectives. The related Export Administration Regulations (Code of Federal Regulations Title 15 chapter VII, subchapter C) are enforced and interpreted by the Bureau of Industry and Security in the Commerce Department. The Department of Defense is also involved in the review and approval process. Physical enforcement of import and export laws at border crossings is performed by Customs and Border Protection, an agency of the Department of Homeland Security.
Office of foreign Assets Control, US Dept of the Treasury
Administers and enforces economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States.
Rights in Data
All contracts that require data to be produced, furnished, acquired, or used in meeting contract performance requirements, must contain terms that delineate the respective rights and obligations of the Government and the contractor regarding the use, reproduction, and disclosure of that data. Data rights clauses do not specify the type, quantity or quality of data that is to be delivered, but only the respective rights of the Government and the contractor regarding the use, disclosure, or reproduction of the data. Accordingly, the contract shall specify the data to be delivered.
A requirement for approval to publish the results of a research project removes the project from being "fundamental research" as that term is defined under the export regulations. If a project is not fundamental research, the export regulations specifically prohibits allowing access to the research results by nationals of certain sensitive countries, currently Cuba, Iran, North Korea, Sudan and Syria. Therefore, nationals of those countries generally cannot participate in the project. With a publication approval or prohibition requirement in the contract, you need to avoid dissemination of the research results to anyone not on the project unless you obtain approval from the sponsor. You also need to restrict access to only project participants to technical information received under an obligation of non- disclosure (that is required anyway by the existence of a non-disclosure agreement). In addition, certain foreign nationals may not participate in the project depending on the technology involved and their nationalities. Some individuals are specifically prohibited from having access to export-controlled information. All foreign nationals must be checked with ORSP before they can participate in a project with publication restrictions. A specific Technology Control Plan (TCP) should be prepared for the project by the PI, with assistance as needed from ORSP, for each project that has a requirement for approval to disseminate the research results or has a publication prohibition. The TCP should be specific to the project.
Requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract or grant from a Federal agency.
Drug-Free Schools and Communities Act
Authorizes a variety of activities designed to prevent school violence and youth drug use, and to help schools and communities create safe, disciplined, and drug-free environments that support student academic achievement. Requires institutions of higher education to establish policies that address unlawful possession, use, or distribution of alcohol and illicit drugs. The DFSCA also requires the establishment of a drug and alcohol prevention program.
Drug-Free Work Force
The Contractor agrees to institute and maintain a program for achieving the objective of a drug-free work force. The Contractor shall establish a program that provides for testing for the use of illegal drugs by employees in sensitive positions. The extent of and criteria for such testing shall be determined by the Contractor based on considerations that include the nature of the work being performed under the contract, the employee's duties, the efficient use of Contractor resources, and the risks to health, safety, or national security that could result from the failure of an employee adequately to discharge his or her position.
Workplace Substance Abuse Programs
Establishes policies, criteria, and procedures for developing and implementing programs that help to maintain a workplace free from the use of illegal drugs.
Byrd Amendment Concerning Lobbying
No appropriated funds may be used by a person who receives a Federal contract, grant, loan, or cooperative agreement to pay for influencing or attempting to influence Executive or Legislative branch personnel in connection with the award of any Federal contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. This prohibition also applies to payments made to influence a Federal official in connection with the extension, continuation, renewal, amendment or modification of any contract, grant, loan or cooperative agreement.
Lobbying Disclosure Act of 1995
Legislation aimed at bringing a level of accountability to federal lobbying practices in the United States. The law was amended substantially by the Honest Leadership and Open Government Act of 2007. Under provisions which took effect on January 1, 2006, lobbyists are required to register with the Clerk of the House of Representatives and the Secretary of the Senate. Anyone failing to do so is punishable by a civil fine of up to $50,000. The clerk and secretary must refer any acts of non-compliance to the United States Attorney for the District of Columbia.
An Act to Prevent Pernicious Political Activities, whose main provision is to prohibit employees (civil servants) in the executive branch of the federal government, except the president, vice-president, and certain designated high-level officials of the executive branch, from engaging in partisan political activity.
Occupational Safety and Health Act of 1970
Its main goal is to ensure that employers provide employees with an environment free from recognized hazards, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions.
Means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV).
Establishes the requirement for paying the local prevailing wages on public works projects. It applies to ?contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works?
Walsh-Healey Public Contracts Act
Applies to U.S. government contracts exceeding $15,000 for the manufacture or furnishing of goods. Walsh-Healey establishes overtime pay for hours worked by contractor employees in excess of 8 hours per day or 40 hours per week, and sets the minimum wage equal to the prevailing wage as determined by the Secretary of Labor. The law prohibits the employment of youths less than 16 years of age and convicts (only those currently in prison), except under certain conditions. The Act sets standards for the use of convict labor, and job health and safety standards. The Walsh-Healey Act does not apply to commercial items.
Service Contract Act of 1965 (McNamara-O'Hara Service Contract Act of 1965)
Requires general contractors and subcontractors performing services on prime contracts in excess of $2,500 to pay service employees in various classes no less than the wage rates and fringe benefits found prevailing in the locality as determined by the United States Department of Labor, or the rates contained in a predecessor contractor's collective bargaining agreement.
Contract Work Hours and Safety Standards Act of 1962
The Act applies to federal service contracts and federal and federally assisted construction contracts over $100,000, and requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts one and one-half times their basic rate of pay for all hours worked over 40 in a workweek. This Act also prohibits unsanitary, hazardous, or dangerous working conditions on federal and federally financed and assisted construction projects.
Fair Labor Standards Act
The FLSA introduced a maximum 44-hour seven-day workweek, established a national minimum wage, guaranteed "time-and-a-half" for overtime in certain jobs, and prohibited most employment of minors in "oppressive child labor", a term that is defined in the statute. It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce, unless the employer can claim an exemption from coverage.
Copeland (Anti-Kickback) Act
Supplemented the Davis?Bacon Act of 1931. It prohibits a federal building contractor or subcontractor from inducing an employee into giving up any part of the compensation that he or she is entitled to under the terms of his or her employment contract. Also incorporated provisions requiring employers to file weekly compliance reports.
Combating Trafficking in Persons
Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104), requires that all grant awarding agencies must include a condition authorizing termination of an award if the grantee or a subgrantee engages in certain activities related to trafficking in persons.
Misconduct in Science
Scientific misconduct is the violation of the standard codes of scholarly conduct and ethical behavior in professional scientific research. Agencies and research institutions are partners who share responsibility for the research process. Federal agencies have ultimate oversight authority for federally funded research, but research institutions bear primary responsibility for prevention and detection of research misconduct and for the inquiry, investigation, and adjudication of research misconduct alleged to have occurred in association with their own institution.
Prohibits certain actions by government officials and employees and by employees of potential contractors (including research universities) in the procurement of federal contracts over $100,000. It also requires certain individuals involved in a contract procurement to certify that they are aware of and will abide by the law. Violations of the law may trigger substantial civil and criminal penalties--fines up to $100,000 for an individual and up to $1,000,000 for an institution; prison terms up to 5 years for any "officer, employee, representative, agent, or consultant" of a potential contractor who "knowingly and willfully" violates the law.
Debarment and Suspension
Suspension and debarment actions prevent companies and individuals from participating in government contracts, subcontracts, loans, grants and other assistance programs. The effect of federal suspension and debarment is government wide.
Covenant Against Contingent Fees
Contained in the Competition in Contracting Act (CICA) and implemented in FAR 52.203-5. In general, prospective contractors are barred from hiring another company to help obtain government contracts and then paying for these services with a fee that is contingent upon receipt of the contract award or that is calculated as a percentage of the proceeds from a government contract. An exception is made for services provided by a "bona fide agency? retained by the contractor for the purpose of securing business. Prospective contractors must submit a warranty certifying that they have not entered into any prohibited contingent fee arrangements in connection with their pursuit of the contract award. The warranty is not required for acquisitions below the simplified acquisition threshold or those for commercial items.
Anti-Kickback Act of 1986
Passed to deter subcontractors from making payments and contractors from accepting payments for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract, or a subcontract relating to a prime contract.
Conflict of Interest
Requires each grantee institution employing more than fifty persons to maintain an appropriate written and enforced policy on conflict of interest and that all conflicts of interest for each award be managed, reduced or eliminated prior to the expenditure of the award funds. The Public Health Service (PHS) regulations regarding financial conflict of interest were revised in 2011. It was designed to promote objectivity in research by establishing standards that provide a reasonable expectation that the design, conduct, and reporting of research funded under PHS grants or cooperative agreements will be free from bias resulting from Investigator financial conflicts of interest. (42 C.F.R. Part 50, Subpart F).
Truth in Negotiations Act
The Act?s primary purpose was to provide Government representatives the truth about a contractor?s costs when they set out to negotiate a contract. TINA stipulated that the Government would have access to all the cost or pricing data the contractor used in making its offer. If the contractor withheld relevant data which resulted in an overstated price, the Government could recoup those excess prices resulting from the overstated costs. One question that TINA did not deal with was the issue of understated costs. Could a proven shortfall in costs be offset against the overstated costs? While TINA did not address this issue, the courts did by reading equity into the Act, and allowing such offsets to occur.
False Claims Act
Imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. The law includes a "qui tam" provision that allows people who are not affiliated with the government to file actions on behalf of the government (informally called "whistleblowing"). Persons filing under the Act stand to receive a portion (usually about 15?25 percent) of any recovered damages. Claims under the law have typically involved health care, military, or other government spending programs, and dominate the list of largest pharmaceutical settlements.
Buy American Act
Grantees and sub-recipients must comply with the requirements of the ?Buy American Act? (41 U.S.C. 10a-c) which requires that they purchase only American-made equipment and products in expending grant funds.
Fly America Act
The Fly America Act is applicable to all travel funded by Federal funds and requires the use of ?U.S. flag? airlines, with a few exceptions. (49 U.S.C. Subtitle VII, Part A, subpart I, Chapter 401, 40118 ? Government-Financed Air Transportation.)
Ship American Act
Gives preference to U.S.-flag vessels when transportation of supplies by ocean vessel is required.
Generically in A-129 as the "failure to pay an obligation or debt by the date specified in the agency's initial written notification or applicable contractual agreement." A Federal policy theme over the past few years has been collection of debts owed the Federal Government. In 1982 the U.S. Congress passed the Debt Collection Act. On November 25, 1988, the Office of Management and Budget issued OMB Circular A-129 (Rev.) on Managing Federal Credit Programs. A-129 in part addresses delinquent debt collection, and grants, contracts, and other administrative debt. A-129 Appendix 3 is OMB guidance to Federal agencies regarding Certification of Non-Delinquency by applicants for Federal Assistance
Smoke-Free Workplace (Pro-Children Act)
Requires that States not permit smoking in any indoor facility, or in some cases a portion of a facility, used routinely or regularly for the provision of children?s services to persons under the age of 18 if the services are funded by Federal programs either directly or indirectly.
Use of Seat Belts
Grantees are encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating vehicles, whether organizationally owned or rented or personally owned.
None of the funds appropriated in the governing appropriation Act for the NIH, shall be used to pay the salary of an individual through a grant or other extramural mechanism at a rate in excess of Executive Level 2.
Military Recruiting/Solomon Amendment
Section 588 of the National Defense Authorization Act of 1995, amended (10 U.S.C. §983), precludes grant awards to institutions of higher education that Department of Defense determines have an anti-Reserve Officer Training Corps (ROTC) policy or practice (regardless of when implemented) that either prohibits or, in effect, prevents the Secretary of Defense from gaining entry to campuses or access to students or information for military recruiting.
Metric Conversion Act
It declared the Metric system "the preferred system of weights and measures for United States trade and commerce", but permitted the use of United States customary units in non-business activities. The Act also established the United States Metric Board with representatives from scientific, technical, and educational institutions, as well as state and local governments to plan, coordinate, and educate the American people for the Metrication of the United States.
Hotel and Motel Fire Safety Act of 1990
The law established as policy that federal employees stay in accommodations meeting certain life-safety standards for fire protection whenever commercial lodging is required. The law required that FEMA maintain a list of those places of accommodation that met the federal requirements. The list came to be known as the National Master List or NML.
Stevens Amendment - Acknowledgement of Federal Grant Support
All grantees must acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal money. Grantees are required to state (1) the percentage and dollar amounts of the total program or project costs financed with Federal money and (2) the percentage and dollar amount of the total costs financed by nongovernmental sources.
Constitution and Citizenship Day
American federal observance that recognizes the adoption of the United States Constitution and those who have become U.S. citizens. It is observed on September 17, the day the U.S. Constitutional Convention signed the Constitution in 1787. The law establishing the present holiday was created in 2004. Before this law was enacted, the holiday was known as "Citizenship Day". In addition to renaming the holiday "Constitution Day and Citizenship Day," the act mandates that all publicly funded educational institutions provide educational programming on the history of the American Constitution on that day. In May 2005, the United States Department of Education announced the enactment of this law and that it would apply to any school receiving federal funds of any kind. This holiday is not observed by granting time off work for federal employees.
Requires Federal agencies to pay their bills on a timely basis, to pay interest penalties when payments are made late, and to take discounts only when payments are made by the discount date.
Certificate of Current Cost and Pricing Data
When certified cost or pricing data are required, the contracting officer shall require the contractor to execute a Certificate of Current Cost or Pricing Data, using the format in this paragraph, and must include the executed certificate in the contract file. “This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of __* are accurate, complete, and current as of __**. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal.”
Certification of Accuracy of Indirect Costs
In brief, contracting officers must ensure that costs included in F & A (Facilities and Administrative) indirect cost rate proposals are allowable in accordance with OMB Circular A-21.
Certificate of Technical Data Conformity
DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 844 of the National Defense Authorization Act for Fiscal Year 2004. Section 844 eliminated the requirement for a contractor to furnish written assurance that technical data delivered to the Government is complete and accurate and satisfies the requirements of the contract.
An assurance is a written guarantee or pledge that one will operate in a certain way or comply with certain terms and conditions of an award.
A representation is an account or statement of fact concerning an offeror and its capabilities and abilities to perform. It is viewed legally as an inducement to parties to enter into a contract. It may introduce terms into a contract and affect performance. Representations may be a vital part of a contract, a "condition" of an award and an untruth may be the basis for an award being withdrawn. A "warranty" or an independent subsidiary promise, may allow the sponsor to claim damages, but normally will not provide grounds to invalidate the entire contract.
A certification is the submission of documents that serve as guarantees that the award applicant meets certain standards or will comply with certain governmental acts.
Representations and Warranties
When a contract uses the terms "representations" and "warranties" together, they blend the past, present, and future together within terms of the contract. Every contract is different, but the language is basically the same. Representations and warranties are assurances that one party gives to another party in a contract. These assurances are statements that the purchasing party can rely on as factual.
State & local government
Drug-Free Schools and Communities Act
Requires biennial review of institutions drug prevention program
Anti-Lobbying certification is required on grants and contracts exceeding what?
Regulations require that documentation of expenditures must be kept for how long?
Varies with funding source
CCL ? Commerce Control List
A list of dual-use items under the export control jurisdiction of the Bureau of Industry and Security, U.S. Department of Commerce. N.B.: certain additional items described in part 732 of the Export Administration Regulations also are subject to the EAR. [15 CFR 774 Supplement 1]
Any article, material or supply, except technology and software.
Any item designated on the United States Munitions List (USML) including ?technical data? defined as: information required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles; any information that is classified or covered by invention secrecy order; and any software directly related to any item designated on the USML. [ITAR: 22 CFR M Parts 120.6; 120.10]
The furnishing of assistance (including training) to foreign persons, whether in- or out- side of the U.S, in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defense articles; the furnishing to foreign persons of any technical data controlled under ITAR whether in- or out- side of the U.S; or military training of foreign units and forces by any means or methods, whether in the U.S. or abroad. [ITAR: 22 CFR M Parts 120.9]
Describes items that have both commercial and military or proliferation applications. Note: items with purely commercial uses also are subject to EAR. [EAR: 15 CFR VII, Part 772.1]
Computer programs that provide capability of encryption functions or confidentiality of infor-mation or information systems. Such software includes source code, object code, applications software, or system software. [EAR: 15 CFR VII, Part 772.1]
Under ITAR and EAR, respectively, allow for the export, reexport, transfer of certain controlled items without a license when all conditions of the exemption/exclusion are met.
Any actual shipment or transmission of controlled items out of the U.S. (an ?actual? export); or any written, oral or visual release or disclosure of controlled technology, technical data, information or software or source code to a foreign national in- or out- side of the U.S. (a ?deemed? export). [EAR: 15 CFR B, Part 734.2(b); ITAR: 22 CFR M Part 120.17(a)]
The approval documentation issued by an export agency authority authorizing the recipient to proceed with the export, reexport, or other regulated activity as specified on the application.
FAC ? Foreign Assets Controls
Set forth in 31 CFR Parts 500-598 and enacted by Presidential national emergency powers are administered and enforced by The Department of the Treasury, Office of Foreign Assets Control (OFAC). OFAC administers and enforces economic and trade sanctions against known terrorists, narcotics traffickers and pro-liferators of weapons of mass destruction as named on the Specially Designated Nationals & Blocked Persons List, and against targeted foreign countries and regimes that are hostile to the U.S. as identified on the Country Sanctions List.
Foreign person (ITAR) & Foreign national (EAR)
Any natural person who is NOT a U.S. citizen or lawful permanent resident of the U.S. (e.g., ?green card? holder) as defined by 8 U.S.C. 1101(a)(20), or who is not a protected individual (i.e., political refugee or asylum holder) as defined by 8 U.S.C. 1324b(a)(3). The term also includes any foreign corporation, business association, partnership, trust, society or any other entity or group that is not incorporated or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of foreign governments (e.g., diplomatic missions). [EAR: 15 CFR VII, Part 772.1; ITAR: 22 CFR M Part 120.16]
ITAR ? International Traffic in Arms Regulations
Set forth in Parts 120?130 of Title 22 of the Code of Federal Regula-tions (CFR) and issued by the U.S. Department of State, Directorate of Defense Trade Controls to implement 22 U.S.C. 2778 of the Arms Export Control Act (AECA) and Executive Order 11958, as amended. ITAR control the permanent and temporary export, re-export/re-transfer, and temporary import of defense articles and defense services covered by the United States Munitions List (USML), and restricts exports of any ITAR-controlled items to individuals and entities subject to Foreign Assets Controls or Nonproliferation Sanctions, or identified on the Debarred List, or any OFAC or EAR entity lists.
Item ? as it relates to export controls
Includes, but is not limited to, commodities, software, technical data/information, technology, services. [EAR: 15 CFR VII, Part 772.1; ITAR: 22 CFR M Part 120.6 to 120.10]
The shipment or transmission of a controlled item from one foreign country to another foreign country, or any written, oral or visual release or disclosure of controlled technology, technical data, informa-tion, software or source code in one foreign country to a national of another foreign country. [EAR: 15 CFR B, Part 734.2(b); ITAR: 22 CFR M Part § 120.19]
Release or disclosure ? as it relates to export controls
Pertaining to controlled technology/technical data, information, and encrypted software, release or disclosure includes oral, visual, or written communications such as face-to-face, phone, e-mail; technical assistance/training, computer data disclosure, visual inspection, and research conducted by a foreign student.
Technical data ? as it relates to export controls
Denotes: (1) information required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles, i.e.: blueprints, drawings, photographs, plans, instructions or documentation; (2) classified information relating to defense articles and defense services; (3) information covered by an invention secrecy order; (4) software directly related to defense articles including but not limited to the system functional design, logic flow, algorithms, application programs, operating systems and support software for design, implementation, test, operation, diagnosis and repair. [ITAR: 22 CFR M Part 120.10(a); 121.8]
Technology ? as it relates to export controls
Denotes specific information (i.e., ?technical data or technical assistance?) necessary for the ?development??, ??production?? or ??use? of a product. ? Technical assistance? may take forms such as instruction, skills training, working knowledge and consulting services, and may involve transfer of ?technical data? which may take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read-only memories. [EAR: 15 CFR VII, Part 772.1]
Bringing into the U.S. from a foreign country any defense article that is to be returned to the country from which it was shipped or taken, or any defense article that is in transit to another foreign destination. [ITAR: 22 CFR M Part 120.17(a)]
USML - United States Munitions List
A list of defense articles and defense services under the export control jurisdic-tion of the U.S. Department of State, Directorate of Defense Trade Controls. [22 CFR 121]
Request for Advance or Reimbursement
Outlay Report and Request for Reimbursement for Construction Programs
Federal Financial Report
Federal Financial Report Attachment
Tangible Personal Property Report and Instructions
Federal Cash Transactions Report (cancelled 10/1/09)
Financial Status Report
Application for Federal Assistance
Standard Form 424 (Research & Related) Grant Application Forms - Includes application guides and forms to be used with all competing applications for Research, Career Development, Institutional Training awards, and SBIR/STTR Awards.
DHHS-PHS Competing Grant Application
Continuation - Progress Report for a Public Health Service Grant
Charges incurred by a 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.
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) amount becoming owed to the recipient for which no current services or performance is required by the recipient.
Acquisition Cost of Equipment
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.
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 the federal government 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 federal procurement laws and regulations.
A payment made or an entitlement available in accordance with a wage agreement, an insurance policy, or a public assistance program.
Federal website created by the White House in 2002 to provide citizens with easy online access to government benefit and assistance programs, established to launch and manage a diverse portfolio of government-to-citizen, government-to-business and government-to-government websites. Operated, managed and supported by federal agency partnerships, these initiatives provide high quality solutions such as citizen tax filing, federal rulemaking, electronic training, and benefit information delivery. The beneficiaries include citizens, businesses and federal and state government employees.
A five-character code which identifies companies doing, or planning to do business with the federal government and is assigned through the SAM
A recipient?s cash outlay, including the outlay of money contributed to the recipient by third parties.
Catalog of Federal Domestic Assistance (CFDA)
An online database of all federal programs available to state and local governments, federally-recognized Indian tribal governments, territories and possessions of the
Catalog of Federal Domestic Assistance (CFDA) Number
The identifying number that a federal program is assigned in the Catalog of Federal Domestic Assistance (CFDA)
Central Contractor Registration (CCR)
The Central Contractor Registry (CCR) was the primary vendor database for the U.S. federal government. CCR functionality was migrated to the System for Award Management (SAM) in late July 2012.
Process by which the awarding agency determines that all applicable administrative actions and all required work of the award have been completed by the recipient and the awarding agency.
A grantor selected ID that allows further distinction of the funding opportunity number which allows applications with the same funding opportunity number to be assigned unique identifiers.
A procurement contract under an award or subaward, and a procurement subcontract under a recipient's or subrecipient?s contract.
One of a fixed number of districts into which a state is divided, each district electing one member to the national House of Representatives.
An award of financial assistance that is used to enter into the same kind of relationship as a grant; and is distinguished from a grant in that it provides for substantial involvement between the federal agency and the recipient in carrying out the activity contemplated by the award.
Cost Sharing or Matching
The portion of project or program costs not borne by the federal government.
Current Accounting Period
The period of time the recipient chooses for purposes of financial statements and audits.
Data Universal Numbering System (DUNS)
A unique nine-character identification number provided by the commercial company Dun & Bradstreet (D&B).
Date of Completion
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 awarding agency sponsorship ends.
Charges to an award that the awarding agency determines to be unallowable, in accordance with the applicable federal cost principles or other terms and conditions contained in the award.
A grant (or cooperative agreement) for which the federal awarding agency generally may select the recipient from among all eligible recipients, may decide to make or not make an award based on the programmatic, technical, or scientific content of an application, and can decide the amount of funding to be awarded.
Earmark grants are grants that are appropriated by Congress prior to a peer review. The term "earmark" is a reference to the Congressional Record where the awards are written into the legislation specifically with the grant applicant's name, activity and dollar amounts.
E-Business Point of Contact (E-Biz POC)
An E-Business Point of Contact is responsible for the administration and management of grant activities in his/her organization. The E-Biz POC authorizes representatives of their organization (See: Authorized Organization Representative (AOR)) to submit grant applications through Grants.gov. An E-Biz POC must also register as an AOR to submit an application.
Office of E-Government & Information Technology (EGov) is a part of the Office of Management and Budget (OMB) electronic government initiative. Created in an effort to use technology to provide and improve government services, transactions and interactions with citizens, businesses, and other arms of government.
A government program that guarantees and provides benefits to a particular group.
Tangible nonexpendable personal property, including exempt property, charged directly to the award and 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.
Property under the control of an awarding agency that, as determined by the head of the awarding agency or his/her delegate, is no longer required for the agency's needs or the discharge of its responsibilities.
Tangible personal property acquired in whole or in part with federal funds, where the awarding agency has statutory authority to vest title in the recipient without further obligation to the federal government. An example of exempt property authority is contained in the federal Grant and Cooperative Agreement Act, 31 U.S.C. 6306, for property acquired under an award to conduct basic or applied research by a nonprofit institution of higher education or nonprofit organization whose principal purpose is conducting scientific research.
Single point-of-entry for commercial vendors and government buyers to post, search, and monitor and retrieve opportunities solicited by the entire federal contracting community.
Federal Share of Real Property, Equipment, or Supplies
The percentage of the properties or supplies acquisition costs and any improvement expenditures paid with federal funds. This will be the same percentage as the federal share of the total costs under the award for the funding period in which the property was acquired (excluding the value of third party in-kind contributions).
Federally Recognized Indian Tribal Government
The governing body of any Indian tribe, band, nation, or other organized group or community (including any Native village as defined in section 3 of the Alaska Native Claims Settlement Act certified by the Secretary of the Interior as eligible for the special programs and services provided by him through the Bureau of Indian Affairs.
The transfer of a thing of value from a federal agency to a recipient to carry out a public purpose of support or stimulation authorized by a law of the United States (see31 U.S.C. 6101(3)); An agency may provide financial assistance through various types of transactions, including grants, cooperative agreements, loans, loan guarantees, interest subsidies, insurance, food commodities, direct appropriations, and transfers of property in place of money.
A State or local government or a federally recognized Indian tribal government
This period reflects the number of days after the closing date that Grants.gov will continue to accept applications for a grant opportunity. It also represents the day (Closing Date + Grace Period) that applicants will no longer be able to download the application package. This value is entered by an agency when creating a grant opportunity and is not visible to grant applicants.
An award of financial assistance, the principal purpose of which is to transfer a thing of value from a federal agency 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)). A grant is distinguished from a contract, which is used to acquire property or services for the federal government's direct benefit or use.
An Individual submits a grant on their behalf, and not on behalf of a company, organization, institution, or government. Individuals sign the grant application and its associated certifications and assurances that are necessary to fulfill the requirements of the application process.
Intangible Property and Debt Instruments
Includes 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
Inter-Agency Electronic Grants Committee (IAEGC)
An organization which encourages and assists federal agencies in developing electronic grants systems and standardizing electronic commerce methodologies throughout the federal government. The IAEGC is chartered to Grants.Gov Program Management Office.
A local unit of government, including specifically a county, municipality, city, town, township, local public authority, school district, special district, intra-state district, council of governments (whether or not incorporated as a nonprofit corporation under State law), any other regional or interstate entity, or any agency or instrumentality of local government.
A grant (or cooperative agreement) awarded under a program where the authorizing statute requires the head of the agency or designee to make an award to each eligible entity under the conditions and in the amount (or based on the formula) specified in the statute.
Marketing Partner ID (MPIN)
A personal code that allows you to access other government applications such as the Past Performance Automated System, DoDBusOpps and TeDS; The MPIN may act as your password in these other systems. You make up the code and register it in SAM. The MPIN must have 9 digits containing at least one alpha character (must be in capital letters) and one number (no spaces or special characters permitted).
North American Industry Classification System (NAICS) Code
A code with a maximum of six digits used to classify business establishments. This code will be replacing the Standard Industrial Classification (SIC) code.
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.
A field located on the Grant Opportunity Properties screen within Grants.gov. The Opportunity Category field values include Discretionary, Mandatory, Earmark, and Continuation. The Opportunity Category field was added to the site to assist Grants.gov with aggregating opportunities and application packages for public and private displays on the site. For example, there are links which show grant opportunities and packages recently posted to the site. Those opportunities and packages with a category type of Earmarked or Continuation will not show up on these public listings.
A grant applicant who is submitting a grant on behalf of a company, state, local or tribal government, academic or research institution, not-for-profit, or any other type of institution.
Outlays or Expenditures
Charges made to the project or program, which may be reported on a cash or accrual basis.
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.
Point of Contact (POC)
An individual who is designated as the person responsible for authorization and maintenance of information on behalf of a SAM registrant, coordinating communication among organizations.
Written approval by an authorized awarding agency official evidencing prior consent.
Gross income earned by the recipient that is directly generated by a supported activity or earned as a result of the award.
All allowable costs, as set forth in the applicable federal cost principles (see Sec. 74.27), 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.
The period established in the award document during which awarding agency sponsorship begins and ends.
Real property, equipment, intangible property and debt instruments.
Land, including land improvements, structures and appurtenances thereto, but excludes movable machinery and equipment.
An organization receiving financial assistance directly from an awarding agency to carry out a project or program.
Federal website established in order to accomplish the mission set out in the Recovery Act, and provides information for the public to monitor the progress of the stimulus package. Recovery.gov features:
Research and Development
All research activities, both basic and applied, and all development activities that are supported at universities, colleges, hospitals, other nonprofit institutions, and commercial organizations. 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 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.
A Grant Researcher writes, prepares, and/or searches for grant applications on their behalf, or on behalf of a company, organization, institution, or government, but do not plan to sign the grant application or its associated certifications and assurances.
The person listed as the Point of Contact for a specific grantor agency or sub-agency. This person will receive any email notifications about application submissions, depending on the option selected in the agency's profile. SIC Code Being replaced by the NAIC code, a code that was used to classify business establishments.
Budget Information Non-construction Programs
Assurances Non-construction Programs
Budget Information Construction Programs
Assurances Construction Programs
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.
The legal entity to which a subaward is made and which is accountable to the recipient for the use of the funds provided.
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.
A post-award action by the awarding agency that temporarily withdraws the agency?s financial assistance sponsorship under an award, pending corrective action by the recipient or pending a decision to terminate the award.
Synopsis of Funding Opportunity
Summary information extracted from or based on the funding opportunity announcement that is electronically posted at the government-wide website known as
System for Award Management (SAM)
SAM validates applicant information and electronically shares the secure and encrypted data with the federal agencies' finance offices to facilitate paperless payments through Electronic Funds Transfer (EFT). The SAM stores your organizational information, allowing Grants.gov to verify your identity and to pre-fill organizational information on your grant applications.
Trading Partner Identification Number (TPIN)
An identification number: the restricted access number assigned by SAM to the main SAM Point of Contact who manages information for the SAM registrant.
The cancellation of awarding agency sponsorship, in whole or in part, under an agreement at any time prior to the date of completion.
Third Party In-Kind Contributions
The value of non-cash contributions provided by nonfederal 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.
The portion of the funds authorized by an awarding agency that has not been obligated by the recipient and is determined by deducting the cumulative obligations from the cumulative funds authorized.
The official web portal of the United States Government created to improve U.S. Government interactions with the public; by offering links to every federal agency to help website visitors quickly find information to the services they seek. USA.gov features links to every federal, state, local, and tribal government agency.
Family Education Right to Privacy Act - requires student educational records be released and available to parents.
Toxic Substance Control Act
Characterize and evaluate the risks posed by chemicals to humans and the environment before being introduced into commerce.
Federal Budget and Impoundment Act
Allows the president to propose to congress that funds be rescinded that were previously appropriated.
Created through the National Research Act. Related to human subjects research
Association for Assessment and Accreditation of Laboratory Animal Care International - approves animal laboratories (private firm)
Air Force Office of Scientific Research - Awarding agency for Air Force Funding.
Animal and Plant Health Inspection Service - division of USDA
Bureau of Labor Statistics - agency for the government in labor economics and statistics.
Cost Accounting Standards Board - group that regulates accounting standards.
Contracting Officers Representative - can sign contracts for the contracting officer.
Department of Health and Human Services - federal cognizant agency
Department of Commerce - administers the National Institute of Standards and Technology
Defense Contract Audit Agency - performs contract audits for the Dept of Defense and provides accounting and financial advisory servies regarding contracts and subcontracts to all DoD components responsible for procurement and contract administration.
Department of Transportation - manages the Federal Highway Administration
Freedom of Information Act
General Services Administration - Federal office providing servies, tech, products
Modified Total Direct Costs - F&A base excluding equipment, tuition, etc.
National Institute of Occupational Health & Safety - reports to the CDC and up to DHHS
Office of Foreign Assets Control - regulations promulgated by the Dept. of Treasury. Administers and enforces US economic and trade sanctions against targeted foreign countries including Burma.
Office of Inspector Gener - office of review within each federal agency
Office of Management and Budget - White house office responsible for devising and submitting the president's annual budget proposal to congress.
Public Health Service - parent agency of the NIH
Research Experience for Undergraduates
Small Business Innovation Research
Small Business Technology Transfer Program
United States Code - regulations, codification general and permanent laws of US.
Office of Human Research Protections - part of DHHS
Office of Research Integrity
Office of Laboratory Animal Welfare - Part of DHHS and USDA
Nuclear Regulatory Commission
Office of Biotechnology Activities - Part of NIH, deals with rDNA
Federal Wide Assurance - good for 3 years
Description of research plans and estimated budget submitted to determine sponsor interest and whether a formal proposal will be requested.
Non-competing continuation of an active project
Competing continuation of an active project
Addition to an active project
Community of Science (now called pivot) - funding database
Sponsored Programs Information Network
Illinois Researcher Information Services (Now called "Grant Forward")
Foundation Directory Onlin
Single point of entry for commercial vendors and government buyers to post, search and monitor and retrieve opportunities solicited by the entire federal contracting coummity.
Daily publication compiled by the Office of the Federal Register; printed by the Government Printing Office. Contains routine publications and public notices of government agencies. Sponsors often announce plans for funding programs.
Document describing a research opportunity from a funding agency. It may describe new or expanded interest in a particular extramural program, or it may be a reminder of a continuing interest in an extramural project.
Broad Agency Announcement
A general announcement of an angency's research interest including criteria for selecting proposals and soliciting the participation of all offerors capable of satisfying the Government's needs.
Request for Proposal - A request by a sponsor for proposals for a given objective. Often specifies the SOW, methods, timelines and products to be delivered.
Request fo Quotations - A standard rquest for price quotes from competing procurement sources.
Request for Application - funding opportunity for a topic of specific interest to the sponsor.
Proposals submitted under specific requests for proposals or purchase orders result in what type of award?
Proposals submitted under general guidelines; e.g. FOA, RFA, BAA result in what type of award?
Grant or Cooperative Agreement
Driven by scientist's curiosity or interest in a scientific question.
Designed to solve practival problems of the modern world rather than to aqcquire knowledge for knowledge's sake.
Does a grant require a signature from the recipient?
No, it is unilateral, only signed by sponsor.
Does a contract require a signature from the recipient?
Yes, it is bilateral and requires both parties to sign.
What type of award provides assistance with few restrictions?
What type of award provides assistance with substantial involvement between parties?
What type of award is to procure tangible goods and services?
Awarded if insufficient funds are available to cover the total project costs. An initial obligation of funds is awrded to cover an estimated base performance. Additional funds are intended to be allotted up to the full estimated amount. The government is not obligated to reimburse contractors for costs incurrred in excess of periodic allotments.
Extension of agreement end date without additional funding from the sponsor.
An actual shipment/transmission out of US of an ECR controlled item.
Any written, oral or visual release, disclusure or transfer of controlled tech (EAR) or technical data (ITAR), information or softward to a foreign national in or out-side of the US. Any actual use or application of controlled technology on behalf of or for the benefit of any foreign entity or person anywhere.
What is '?written, oral or visual release, disclosure or transfer'?
Face to face or telephone converation, fax or email communication, computer data disclosure, training or technical assistance, tour involving visual inspection, foreign student or professor conducting research.
What is '? controlled technology (EAR) or technical data (ITAR)'?
Specific information required to 'put into use' a product (EAR) or defense article (ITAR), for example: blueprints, diagrams, formulae, photos, manuals & instructions.
Foreign Assets Controls
Prohibit certain types of trade based on US foreign policy and national security goals, including sanctions against persons on the specially designated nationals (SDN( list and targeted foreign countries and regimes on the list of sanctioned countries.
Commerce Control List
Public Domain Exclusion
No export license is required if information is published, or accessible and available to the public in the US, or considere fundamental research.
Fundamental Research Exclusion
Pertains to basic or applied research in science and/or engineering at an accredited institutuion of higher education in the US were the resulting information is ordinarily published and shared broadly with the scientific community.
If a researcher accepts an award restricting publication of research results can the fundamental research exclusion for exports still apply?
Articles that NEVER qualify for exclusion to export rules are:
Physical goods, software, encryption code exceeding 64 bits, resarch when ther is no intent to publish resulting information, and research conducted outside the US.
No license is required for disclosure of education information released by instruction in courses listed in course catalogs, through general scientific mathematical or engineering principals.
Temporary export "laptop" exclusion
Authorizes US persons to export or re-export technology for temporary use abroad if certain guidelines are met.
Full-time employment Exclusion
Authorizes US institutions of higher learning located in the US to disclose unclassified, uncontrolled technical data and technology to foreign persons who are their 'bona fide and full time regular employees.' (restrictions apply)
Deemed Export Attestation
Certification regarding the release of controlled technology or technical data to foreign persons in the US. USCIS Form I-129 Part 6. Requires petitioner to certify that all technology and/or technical data that will be released, or to which the beneficiary will be given access does not require an export license, or does require a license and petitioner will prevent the beneficiary access to the controlled tech until and unless the license for release is received.
Export control regulations
ECR - body of law enacted by government to protect natinal and economic security and advance US foreign policy goals by prohibiting the unlicensed transfer to foreign nationals of items that are subject to trade restrictions or hae proprietary, military or economic applications.
Who provides federal oversight of OHRP?
What are the three fundamental ethical principals for all human subjects research and which report outlined them.
Belmont Report: respect for persons (treat as autonomous agents and protect those who ar enot autonomous), beneficence (do no harm) and justice (fairness in distribution)
How many members are required to sit on an IRB and of those people what are the two special categories that must be filled.
5 - One must not be affiliated with the institution and one must be a non-scientist
Who provides federal oversight of OLAW
Who provides federal oversight of the Animal Welfare Act?
How many members are required to sit on an IACUC and of those people what are the special categories that must be filled.
5: One must be a vet, one a scientist experienced in research involving animals, one nonscientific person, and one person not affiliated with the institution.
What are the four federal exemptions for Human Subjects Research?
1. Research conducted in established or commonly accepted educational settings, involving normal educational practices (i.e. research on special ed instruction, effectiveness of or comparison among instructional techniques. 2. Research involving the use of educational tests (i.e. suvey procedures, interview procedures, observation of public behavior, if the subjects are not appointed public officials. 3. Research involvign the collection or study of existing data, documents, records, pathological specimens, or diagnostic specimens, if these sources are publicly available or if the information is recorded by the investigator in such a manner that subjects cannot be identified. 4. Research demonstration projects designed to study, evaluate, or examine public benefit or service programs, procedures for obtaining benefits or services under those programs, possible changes or alternatives to those progrmas, or possible changes in methods or levels of payment for benefits. 5. taste and food quality evaluation and consumer acceptance studies.
IRB may use expedited review if?
Some or all of the research is found by the reviewers to involve no more than minimal risk, or minor changes in previously approved research during the period for which approval is authorized.
Can a research project under expedited IRB review be disapproved.
No, only full IRB approval can do that.
Refers to an announcement of a federal agency's general research interests?
Serves the purpose of inviting proposals and specifying the general terms and conditions under which the relevant award can be made?
Bequests and gifts are basically awards that are given with:
Few or no conditions specified
True or False: Gifts may be provided for establishing an endowment but NOT for providing direct support for existing programs.
True or False: Bequests and gifts are flexible.
True or False: A donation may refer to the transfer of equipment with or without specifications as to the exact preferred use.
True or False: A donation may NOT refer to the transfer of equipment, goods, or services.
What term refers to contributions or assistance in a format other than money?
True or False: Equipment offered in lieu of cash is a valid example of In-Kind.
What refers to the payment made or an entitlement available in accordance with arrangements such as wage agreement?
A Challenge Grant is a form of grant that provides monies in response to:
Monies from other sources
Form of grant that provides monies based on a specific formula.
True or False: With a Challenge Grant there is usually a fixed upper limit plus a challenge minimum below which no grant will be made.
A Challenge Grant is rather popular in what fields?
Arts & humanities
True or False: A challenge grant is not really different from a matching grant.
True or False: The amount of money that the recipient organization realizes from a challenge grant usually would not vary widely.
True or False: Matching grants would usually award a clearly defined amount.
Funds that impose no requirements or restrictions as to their use or disposition?
Name some award types that are generally considered to be restricted funds.
Grants, contracts, & cooperative agreements
True or False: A Notice of Grant Award is always legally binding.
What type of an award is the sponsor's staff actively involved in proposal preparation?
True or False: A notice of grant record is the document where you can find all terms of the award plus the obligation of funds?
False: it is the Notice of Grant Award
What is a unilateral award?.
An award made by a sponsor to an organization without considering any competitive proposals
True or False: An unilateral award is most often employed when unsolicited proposals are receiving favorable treatment.
What term refers to those proposals submitted that are not in response to an RFP, RFA, or program announcement?
what is the term that refers to funds that have been set aside for projected expenses pending actual expenditure of the funds?
What term refers to a method of funding contracts which provides specific spending limits below the total estimated costs?
True or False: With Incremental Funding, spending limits can NEVER be exceeded.
True or False: With Incremental Funding, each increment is in essence a funding acting.
True or False: A non-competing continuation is basically applicable to grants only.
False, it also applies to cooperative agreements.
True or False: With a Continuation Project (Non-Competing), funds are typically committed one year at a time.
True or False: With a Continuation Project, progress on the project is never assessed.
False, it is assessed.
True or False: Continuation projects normally would compete with new project proposals.
False, they are non-competing
True or False: Continuation projects are usually subjected to peer review beyond the initial project approval.
False, initial project approval is all that is needed.
True or False: Allocable Costs are NOT allowable costs.
True or False: Allocable costs can benefit the grant or contract to which they are being charged?
What term refers to those funds that have been obligated by a funding agency for a specific project?
11. What term refers to the rate expressed as a percentage of a base amount that is established by negotiation with the cognizant federal agency on the basis of projected costs?
Indirect Cost Rate
What term describes the act of conducting research administration through utilizing various types of electronic resources?
True or False: ERA does not refer to conducting research administration through utilizing the Internet.
What is the name of the database listing all available federal programs?
True or False: The Catalog of Federal Domestic Assistance runs primarily online?
What is the abbreviation for E-Business Point of Contact?
True or False: E-Biz POCS typically do not have the authority to grant representatives of their organization the privilege to submit grant applications.
Agency administered programs that are supported by ear-marked federal funds, making grants primarily to small business entities?
Refers to the grant applications and/or programs for funding those small business that are teamed up with research institutions?
The FEDERAL FINANCIAL ASSISTANCE MANAGEMENT IMPROVEMENT ACT (FFAMIA)/P.L. 106-107 which was enacted in?
The FEDERAL FINANCIAL ASSISTANCE MANAGEMENT IMPROVEMENT ACT (FFAMIA)/P.L. 106-107 is a federal law aiming at:
Easing the application of financial assistance.
This is the Act that requires federal agencies to create the Federal Commons for electronic processing of all grant programs.
Federal Financial Assistance Management Improvement Act
True or False: FirstGov is a private NGO
False, it?s a public-private partnership
Considered the only official U.S. Government portal to millions of pages of government information, services, and online transactions that allows you to search every word of every US government document.
In the context of research, what term would describe submission of research plans and an estimated budget for determining the interest of a particular sponsor?
In the context of research, a Preliminary Proposal may be submitted when?
Prior to the submission of a formal proposal
Who is the individual that is responsible for the conduct of research or other activities that have been described in a proposal for award?
A Program/Project Officer is typically designated by whom?
A Program/Project Officer is officially held responsible for what aspects of a particular grant?
Technical, scientific and programmatic
What term specifies the total time for which support of a project is programmatically approved?
PP or Project Period
True or False: A project period consists only of one budget period.
False, it consists of all budget periods. It would be true only if the project was a one year project.
What is the primary purpose of the Federal Acquisition Regulations?
To provide a uniform set of policies and procedures for acquisition.
The Federal Acquisition Regulations is codified in:
Title 48 of the United States Code of Federal Regulations
True or False: The Federal Acquisition Regulations may sometimes regulate the purchasing activities of private sector companies.
The difference between Federal Procurement and Federal Assistance was established in law under:
The Federal Grant and Cooperative Agreement Act of 1977 (PL 95-224)
When the principal purpose of the transaction is to purchase something for the Federal government's own direct benefit or use, the federal agency must use:
A procurement contract.
When the principal purpose of the transaction is to assist, stimulate or support a non-federal party in the conduct of a public program, the federal agency must use an assistance instrument in the form of:
A grant or a cooperative agreement.
True or False: Federal Procurement and Federal Assistance can both be used for solely supporting a non-federal party in the conduct of a public or private program.
False, only Federal Assistance
The overall guiding principle of __________ is to have an acquisition system that can satisfy customer's needs yet minimize administrative overhead without sacrificing integrity, fairness, openness and public policy objectives.
True or False: When a government agency issues a contract, a list of FAR provisions may be specified to apply to the contract only for contracts over $5M.
False, all contracts regardless of amount.
In order for a contractor to be awarded a federal contract, he must comply with the provisions set forth by?
The FAR and the relevant agency supplements have been said by the Federal courts to have the force and effect of:
True or False: The effect of FAR is asserted by the Christian Doctrine.
Which parts of FAR contains numerous standard contract clauses and "solicitation provisions"?
According to the FAR, any contract awarded other than through sealed bidding procedures is considered a?
True or False: Contracting by sealed bidding requires the government to evaluate bids without discussions.
True or False: Contracting by negotiation always requires negotiations prior to contract award.
False, sometimes it does and sometimes it doesn?t
A method of contracting that employs competitive bids, public opening of bids, and awards is called?
True or False: For seal bidding to work there has to be a reasonable expectation of receiving more than a dozen sealed bids.
False, only need a reasonable expectation that more than one will be received.
Negotiations refer to the exchanges, in either a competitive or sole source environment, that take place between the government and offerors, with the intent of allowing the offeror to:
Revise its proposal
True or False: Competitive discussions may take place either before contract award or prior to award of a task/delivery order under an indefinite-delivery indefinite-quantity contract.
True or False: In noncompetitive negotiations, discussions may take place upon award of a new contract or a task/delivery order under an existing indefinite-delivery indefinite-quantity contract, but not on a bilateral contract modification.
A _______ employee is a person employed by a contractor and subject to the contractor?s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds out as being able to obtain any government contract or contracts through improper influence.
What is the term that refers to any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a government contract?
What term refers to any influence that induces or tends to induce a government employee or officer to give consideration or to act regarding a government contract on any basis other than the merits of the matter?
True or False: A Bona fide employee is a person employed by a contractor who is authorized to collect contingent fees.
Refers to the act of submitting an offer below anticipated costs, expecting to increase the contract amount after award.
True or False: Buying-in may decrease competition.
True or False: Kickback may be in the form of money only.
False, it can also be a fee or commission.
True or False: Kickback is provided ONLY DIRECTLY to the prime contractor for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract.
Which of the following aims at deterring subcontractors from making payments and contractors from accepting payments for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract, or a subcontract relating to a prime contract?
The Anti-Kickback Act of 1986
True or False: A contract file would generally NOT document the basis for the acquisition and the award.
True or False: Only 10 U.S.C. 2304 would require that the government contracting officers promote and provide for full and open competition in soliciting offers and awarding government contracts.
True or False: Promoting and providing full and open competition in soliciting offers and awarding government contracts would normally be done through the use of competitive procedures
True or False: Each federal contract awarded without providing for full and open competition would have to contain a reference to the specific authority under which it was so awarded.
True or False: The government contracting officer must always solicit offers from as many potential sources as possible, even when it is not practicable under the circumstances.
True or False: An award of a contract to a supplier based on lowest evaluated price alone is always viable.
False, it can be a false economy
True or False: In order to be determined as responsible, a prospective contractor need only have a satisfactory performance record.
False, they must also have adequate financial resources to perform the contract, and must be able to comply with the required or proposed delivery or performance schedule.
What sort of discretionary action that may take place against contractors that are not responsible.
Debarment and/or Suspension
Which list refers to the list of bidders who have had their products examined and tested and who have satisfied all applicable qualification requirements?
Qualified Bidders List (QBL)
What list refers to a list of manufacturers who have had their products examined and tested and who have satisfied all applicable qualification requirements for that product?
Qualified Manufacturers List (QML)
What term refers to a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item?
Postconsumer material is a part of the broader category of:
True or False: Contract delivery or performance schedules may only be expressed in terms of specific periods from the date of the contract.
False, may also be expressed with specific calendar dates or specific periods from the date of receipt.
The government contracting officer may use a __________clause to set forth a required delivery schedule in the contract.
Time of delivery
True or False: Concerning contract delivery, alternative delivery schedule is usually not allowed to be proposed by an offeror.
True or False: Liquidated damages clauses may be used when timely performance is highly important.
True or False: Liquidated damages clauses may be useful when the extent or amount of damage would be difficult to estimate accurately.
True or False: A labor-hour contract may be used for the acquisition of commercial services when it is possible at the time of placing the contract or order to accurately estimate the extent or duration of the work or to anticipate costs with any reasonable degree of certainty.
False, used when it is not possible at the time of placing the contract or order to accurately estimate the extent or duration of the work or to anticipate costs with any reasonable degree of certainty.
True or False: A labor-hour contract would NEVER include a ceiling price.
What type of contract would be used when prices are established based on a firm-fixed-price or fixed-price with economic price adjustment? or that rates are established for commercial services acquired on a time-and-materials or labor hour basis?
True or False: With indefinite-delivery contracts, issuance of orders on a firm-fixed-price or fixed-price with economic price adjustment basis may never be allowed.
False, they may sometimes be allowed.
True or False: The government contracting officer would always presume that data delivered under a contract for commercial items was developed exclusively at public expense.
False, they would assume it was developed exclusively at private expense.
True or Not Entirely True: Strictly speaking, a bid must comply in most material respects with the invitation for bids.
Not entirely true
True or False: Telegraphic bids / Facsimile bids / Electronic bids would normally not be considered for satisfying the requirement of the invitation.
True or False: Original bids would never be allowed to pass out of the hands of a government official unless a duplicate bid is available for public inspection.
False, it would only happen if a duplicate bid is NOT available for public inspection.
True or False: For classified bids, the general public would be selectively allowed to attend bid openings.
True or False: A bid opening may NEVER be postponed before or after the time scheduled.
True, only when the bid envelopes are fully sealed
True or False: After bids have been opened, award must be made to that responding bidder who submitted the lowest responsive bid.
False, it must be made to the ?responsible? bidder who submitted the lowest responsive bid.
True or False: As a general rule, after the opening of bids, an invitation should not be cancelled and resolicited without compelling reason.
True or False: Technically speaking, prior to award an invitation could be cancelled only if you have less than 3 bidders total.
False, doesn?t matter how many bidders you have.
True or False: When it is determined that an invitation for bids should be canceled and that use of negotiation is in the government?s interest, the contracting officer may negotiate and make award only AFTER issuing a new solicitation.
Any bid that fails to conform to the essential requirements, delivery schedule or permissible alternates of the invitation for bids would be:
True or False: A bid will for sure be rejected when the bidder imposes conditions that would modify requirements of the invitation or limit the bidder?s liability to the government.
What is the term for a combination of competitive procedures designed to obtain the benefits of sealed bidding when adequate specifications are not available?
Two-step sealed bidding
What type of bidding has the objective of permitting the development of a sufficiently descriptive and not unduly restrictive statement of the government?s requirements?
Two-step sealed bidding
Which bidding method is especially useful in acquisitions requiring technical proposals, particularly those for complex items?
Two-step sealed bidding
What is it called when it would be more appropriate or in the best interest of the government to consider award to other than the lowest priced offeror or other than the highest technically rated offeror?
True or False: A tradeoff process would NEVER be seen as appropriate for a contract with over $1M even when it may be in the best interest of the government to do so.
True or False: The lowest price technically acceptable source selection process may be more appropriate when best value is not expected to result from selection of the technically acceptable proposal with the lowest evaluated price.
False, it?s when best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.
Evaluation factors and significant sub factors that establish the requirements of acceptability would usually be clearly set forth in what?
True or False: Oral presentations by offerors as requested by the government may NEVER substitute for, or augment, written information.
What may be used when the government does not presently intend to award a contract, but wants to obtain price, delivery, other market information, or capabilities for planning purposes?
RFI ? Request for Information
True or False: Typically there is no required format for RFI?s.
An agency may publish a ____ that provides a general description of the scope or purpose of the acquisition and invites potential offerors to submit information that allows the government to advise the offerors about their potential to be viable competitors.
True or False: A pre-solicitation notice should identify the information that must be submitted and the criteria that will be used in making the initial evaluation.
True or False: A government contracting officer is responsible for obtaining information that is adequate for evaluating the reasonableness of the price or determining cost realism. He may, if needed, obtain more information than is necessary.
True or False: Offerors excluded from the competitive range or otherwise excluded from the competition before award may NOT be allowed to request a debriefing before award.
False, they can request a debrief.
Generally, a request for debriefing must be made in writing how many days after receipt of the notice of exclusion?
True or False: Attendance at a preaward or postaward debriefing is always mandatory.
True or False: When being debriefed one may expect to be furnished the basis for the selection decision and contract award.
It is the ___________ that dictate the way in which a contractor must maintain its accounting system.
True or False: Sealed bid contracts are not subject to the CAS.
What are the valid types of CAS coverage?
Modified and Full coverage
Modified coverage requires only that the contractor comply with ___ of the nineteen CAS.
True or False: TYPICALLY, only negative performance incentives would be considered in connection with service contracts for performance of objectively measurable tasks.
True or False: Technical performance incentives may be particularly appropriate in major systems contracts, both in development and in production
A time-and-materials contract would provide for acquiring supplies or services on the basis of?
Direct labor hours at specified fixed hourly rates
True or False: A time-and-materials contract would provide no positive profit incentive to the contractor for cost control but labor efficiency.
A labor-hour contract is a variation of what other type of contract?
What is a written preliminary contractual instrument that authorizes the contractor to begin immediately manufacturing supplies or performing services?
A letter contract
Which acts would require that certain contracts contain a clause specifying that no laborer or mechanic doing any part of the work contemplated by the contract would be required or permitted to work more than a certain number of hours in any workweek?
Contract Work Hours and Safety Standards Act
According to the Contract Work Hours and Safety Standards Act, a regular workweek without overtime would have how many hours?
According to the Service Contract Act of 1965 (as Amended) there are mandatory provisions for service contracts over what amount?
According to the Service Contract Act of 1965 (as Amended) there are mandatory provisions for service contracts of what duration?
Those that do not exceed 5 years
What term refers to the status of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt?
When an agency contracts for the design, development, or operation of a system of records on individuals on behalf of the agency to accomplish an agency function, the agency must apply the requirements of which act?
Privacy Act of 1974
A proposal in the possession or control of the government, submitted in response to a competitive solicitation, would not be made available to any person by the government agency under which act?
Freedom of Information Act
Which of the following clauses of the US Constitution provides that ?No State shall ? pass any Law impairing the Obligation of Contracts??
Article I, section 10, clause 1
True or False: No state government should pass any law that could interfere with contracts made by citizens, unless through weakening the obligations assumed by the contracting parties.
True or False: For the sake of integrity, the nature and extent of contract administration should not vary from contract to contract.
True or False: The beginning of the actual process of good contract administration starts with post award orientation.
Concerning indirect costs, a completed cost type contract may be subject to delay due to the need for:
Final establishment of overhead rates
Talking about the forms of agreement in regards to compensation, what refers to a remuneration which establishes a specific total amount payable for the performance of the contractual work?
Lump sum compensation
A form of reimbursement very popular for consultant contracts?
Cost plus net fee compensation
Cost plus net fee compensation is basically a combination of a consultant?s actual allowable costs and:
The net fee
What type of remuneration establishes a specific rate of pay in the agreement applicable for each classification of employee?
Rate of pay compensation
True or False: Rate of pay compensation is preferable when performance measurement is desired.
False: it would be desired when the indirect costs and profit are tied directly to extent of services utilized.
What form of remuneration establishes a specific unit amount payable for each unit of services performed?
Unit of work compensation
One may procure through ___________ to spread out the term of payments.
A lease-purchase contract is also known as:
An installment sale agreement
True or False: A tax-exempt lease purchase agreement is closer to an installment purchase agreement than a rental agreement.
True or False: Letters of Intent are NEVER legally binding.
The court generally holds the party putting the contract in written form responsible for:
Devising a clear and understandable contract
What clause should be employed where time is particularly important for contract performance?
Time is of the essence clause
Inspection and Acceptance would be particularly important for works where the element of _____ is critical.
One may use what kind of clause to require that one party indemnify the other when certain expenses are incurred?
What clause is for ensuring that the contract would remain enforceable even when part of the contract is later held invalid?
One may use a _________to protect the party who excuses the other party's non-compliance with contract terms.
What clause will be useful when it is not easy to calculate actual damages?
What term means a bar for precluding a person from asserting a fact or a right or preventing one from denying a fact?
Estoppel - legal term referring to a series of legal and equitable doctrines that preclude "a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative officers, or by his own deed, acts, or representations, either express or implied.
What type of contract would be used in which the performance promised by at least one party depends upon the occurrence of an uncertain future event?
Aleatory contract - The most common type of aleatory contract are insurance policies
True or False: There is always a presumption operating in commercial contracts that both parties intend to create a legal relation.
What rule presumes that in commercial contracts both parties intend to create a legal relation.
The parol evidence rule - a substantive common law rule in contract cases that prevents a party to a written contract from presenting extrinsic evidence that contradicts or adds to the written terms of the contract that appears to be whole.
True or False: Under the parol evidence rule, any evidence of communications between the parties which is not contained in the language of the contract itself may still be admitted in court.
An invitation to treat is basically an invitation to open negation with a view to do what?
Form a contract
True or False: A request to Tender is technically an invitation to treat.
True or False: A contract is brought into existence once the bid is opened.
False, it is brought into existence once an offer has been made and accepted.
True or False: An offer may be withdrawn at any time before and after acceptance.
True or False: Offer and acceptance may be made by any suitable means of communication:
True, unless the offerer has stipulated otherwise
True or False: A contract would come into existence when the acceptance is posted to the offerer's usual place of business.
True or False: A key requirements of a valid acceptance is that it must be absolute and identical with the offer.
A conditional acceptance would constitute:
An implied-in-law contract is also known as a:
True or False: Once a contract is created it cannot normally be revoked or amended unilaterally.
A contract must be supported by ________ in order to be enforceable.
What term refers to the presence of reciprocal undertakings by the parties?
True or False: The existence of a misunderstanding of material matters by one of the parties may always be insufficient for voiding the contract.
What type of contract is highly restrictive of one party?s rights and liabilities?
Adhesion contract - a contract between two parties where the terms and conditions of the contract are set by one of the parties, and the other party is placed in a "take it or leave it" position with little or no ability to negotiate terms more favorable to it.
Sponsored research may be classified as taking place ________ if research process takes place mostly in a facility not owned by the organization.
True or False: For sponsored research taking place "off-Grounds", it is acceptable for different cost rates to be applied to different statuses.
True or False: Generally speaking, federal regulations would require that costs be treated differently in both federally and non-federally funded research programs.
False - costs should be treated consistently in both federally and non-federally funded research programs.
In the US, ________ requires that accounts be prepared following a set of principles and concerns.
GAAP - Generally accepted accounting principles refer to the standard framework of guidelines for financial accounting used in any given jurisdiction; generally known as accounting standards or standard accounting practice.
True or False: The GAAP principles are the "rules" that companies MUST follow.
False - they are rules that companies are expected to follow.
What tool would you use to measure and track the flow of cash into and out of your operation?
Cash flow statement
Formula-based depreciation allows you to derive straight-line deduction using what as the basis?
Net Book Value - the original acquisition cost less accumulated depreciation, depletion or amortization. Book value is the term which means the value of the firm as per the books of the company. It is the value at which the assets are valued in the balance sheet of the company as on the given date.
Which agency aims at assuring the safe and healthful working conditions for working men and women?
True or False: The Occupational Safety and Health Act has requirements on research and training in the field of occupational safety and health.
True or False: The budget development process can be top-down, bottom-up, or iterative.
Successful budget process relies greatly upon:
True or False: There is typically no fixed time period for budget coverage.
True or False: A budget can be static or flexible.
What kind of budget is usually prepared for a single level of activity?
What term refers to the process whereby organizations use different cost accounting techniques to report or control the various costs of doing business?
What term refers to the process of tracking, recording and analyzing costs associated with the activity of an organization?
True or False: With cost accounting, possible approaches may include any of the following: standard costing, activity-based costing, or throughput accounting.
True or False: Standard costing simplifies accounting.
True or False: A drawback of standard costing is that it tends to slightly distort the resulting unit cost.
True or False: ABC is basically costing by activities?
True or False: Activity-based costing can help in focusing the operational improvement efforts.
Before performing ABC, what should be defined to document the organization's policies, practices, methods, measures, costs and their interrelationships at a particular location at a particular point in time?
A baseline for business process improvement
True or False: One important function of ABC is the identification of value added activities.
What refers to the total cost of ownership of a product over its useful life?
LCC (life-cycle cost)
Name an alternative to cost accounting?
The concept that begins with the idea that each organization has a goal and that better decisions increase its chance of achieving the goal.
Refers to the process in which companies evaluate various aspects of their business processes in relation to best practice within their own industry?
What term generally refers to the process by which the efforts of all personnel responsible for an acquisition are coordinated through a comprehensive plan for fulfilling the acquisition in a timely and effective manner, and to obtain competition to the maximum extent practicable with due regard to the nature of the supplies or services that are in need?
Reallocates materials costs (excluding salaries and wages) within a department or a limited area of accounts. Recharge Centers simply recoup, through a redistribution method, the materials costs relating to a particular activity. An example of a Recharge Center is a departmental copier.
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