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pends or salaries charged against the leged, he must identify the informagrant must follow salary policies and tion to be protected and request exbe on a scale consistent with the regu- pressly that it be held in confidence. lar practices of the grantee institution. (See paragraph (j) of this section.) The extent of compensation of individ- (i) Other sponsors. (1) State whether uals from grant funds will depend on the proposal has been submitted to the degree to which their services are other possible sponsors (and if so, to necessary. For research to be conduct

whom), including other Federal agened under a grant made to an educa cies, and state proposed total cost to tional institution, compensation shall other sponsors. Indicate also any presbe consistent with the institution's ent sponsors of any portion of the propolicies for work during the summer

gram outlined in the proposal. The months.

submission of the proposal to other or(iii) Part or all of an individual's

ganizations concurrently with its subservices may be charged against a

mission to ACDA will not prejudice its grant: Provided, That he be relieved of

review by the Agency but notification a comparable portion of his teaching

of other sponsorship is required. or other obligations and that his regu

(2) In the event of ACDA partial lar stipend or salary be reduced pro

sponsorship, if actual cost is less than rata.

anticipated, ACDA will expect a pro (2) Equipment. Itemize required

rata refund. equipment by description and estimat

(j) Privileged information. When an ed cost, and include a thorough justifi

application results in an Agency grant, cation for each (see paragraph (f) of

the proposal itself becomes a part of this section).

the record of the transaction which (3) Consumable property. Indicate in

may be made available to the public general terms the types of required equipment and supplies that will be

for inspection and copying upon spe

cific request. If any information or expended during performance under the grant.

material presented in an application

for a grant is of a confidential charac(4) Travel. Indicate in as great detail as possible the type of anticipated

ter which meets the criteria of applica

ble law for protection against unautravel, its frequency, and its applicabil. ity to the research. Grant funds may

thorized disclosure, it will be withheld be used for travel only to the extent

from disclosure to the general public that expenditures are reasonable and

under the authority of such applicable bear a close relationship to the re

law, including the authority of the search work. No foreign travel shall be

Freedom of Information Act (5 U.S.C.

552). The burden of asserting the undertaken in fulfillment of the grant's objectives without specific

privileged character of the informawritten approval from the Granting

tion or material rests on the applicant. Officer.

Such information shall be contained (5) Publication costs. Indicate all

in an annex, conspicuously bearing an types of publication costs anticipated,

appropriately restrictive legend (see including the purchase of reprints.

$ 23-3.5002 of this title), six copies of (See Subpart 23-50.5 of this part.)

which must accompany the applica(6) Other direct costs. Itemize other

tion. anticipated direct costs not included above, such as computer charges and Subpart 23-50.3—Financial Support reference texts.

(7) Indirect costs. Institutions may $ 23-50.301 Educational institutions and claim indirect costs in accordance with other organizational grantees. cost principles set forth in Part 1-15 of

Funds provided under Agency grants this title,

may be expended by organizations or (8) Total. Give total of all costs by

by educational institutions for those years and a cumulative final total as

direct and indirect expenditures recog. well.

nized under applicable cost principles To the extent that the applicant con- set forth in Subparts 1-15.1, 1-15.2, or siders such financial information privi. 1-15.3 of this part, and those specific

items of allowable costs set forth in grantee and not the Agency shall be the grant instrument.

responsible for liabilities to third per

sons for either property damage or 8 23-50.302 Individual grantees.

personal injuries and that by his acFinancial support provided directly

ceptance of the grant the grantee by the Agency to individual grantees,

agrees not to assert a claim against the or indirectly to such grantees through

Government for reimbursement of exsome nonprofit academic organization penses and costs resulting from such or educational institution of higher liabilities. learning may or may not cover the (d) In the case of all grants, unless entire expenses borne by the individu. otherwise specified in the grant letter, al. Such support may take the form of the grantee will be required to: stipends, subsistence, travel, or book

(1) Furnish a draft of the final allowances. In appropriate circum report for Agency comments thirty stances and as a condition precedent

(30) days prior to the due date of the to making the grant, the Agency may

final report; require an individual grantee to certify

(2) Furnish to the Agency, in the that he will diligently pursue the re

case of grants for which the grant search to substantial completion.

period is in excess of six (6) months, Where such a condition has been re

not more than ten (10) copies of a quired, the grant will contain a provi

contain a provi. brief interim status report at three (3) sion to the effect that the grantee will month intervals; and repay on demand by the Agency all

(3) Furnish a reproducible master of monies advanced to him in the event

a comprehensive final report, prepared of his failure to pursue the research to

in accordance with Agency specificasubstantial completion.

tions, to the Agency on or before the expiration date of the grant; the final

report shall include a summary of its Subpart 23–50.4-Administration of

contents. Grants

8 23-50.402 Fiscal administration. 8 23–50.401 Terms and conditions of

(a) In the absence of specific written grants.

authorization contained in the instru(a) The provisions set forth in the ment of grant, expenditures incurred instrument of grant (or incorporated by the grantee prior to the date of the by reference) shall be binding upon grant and otherwise reasonable and althe grantee. During the period of the locable to the grant shall not be grant, modifications of the original charged thereto directly or indirectly. provisions, which may be agreed from (b) Funds not expended or committime to time, shall be reduced to writ ted under a binding legal obligation ing and form part of the instrument of prior to termination of the grant or grant as a binding amendment there. the expiration of the grant period, to.

shall be remitted promptly by check in (b) An original of the instrument of a sum increased by the amount of any grant shall be delivered to the grantee. earned or accrued interest. The check In the case of grants made to organiza- shall be made payable to the U.S. tions, copies of the instrument shall be Arms Control and Disarmament sent to the principal investigator and Agency and identified by the Agency's to the administrative officer (if any). grant designation.

(c) In appropriate circumstances, a (c) Generally, the Agency will progrant instrument may contain a provi. vide grant funds quarterly and in adsion stating that the Agency shall not vance. be liable (1) for injuries sustained by (d) Each application for a research the grantee, his officers, agents, em- project shall be accompanied by an ployees or members of his family or itemized budget which shall be ap(2) for property damage sustained by proved by ACDA in the grant instruany such person during performance ment. Within the limits of the total under the grant. The instrument shall budget, deviations from the itemized also contain a provision that the budget estimates submitted with the proposal are permissible. However, the ministratively processed as an applica. grantee or principal investigator shall tion for a new grant. inform ACDA promptly of any contemplated major deviations, shall state the reasons therefor, and shall not ini. (a) Section 32 of the Act states that tiate such deviations without prior all research within the United States written approval from the Agency. sponsored, cosponsored, or authorized

(e) Projects supported by Agency under the Act, shall be provided for in grant must be performed within the such manner that all information as to stated limit of funds.

uses, products, processes, patents and (f) Grant funds received from the other developments resulting from Agency will be deposited in separate such research developed by governchecking (or other type of accounts) ment expenditure will (with such exestablished and maintained by the ceptions and limitations, if any, as the grantee. In no event shall such funds Director may find to be necessary in (1) be commingled with the personal the public interest) be available to the funds of the grantee or of any officer general public. Section 32 shall not be or agent of the grantee organization; so construed as to deprive the owner or (2) be deposited in personal bank of any background patent relating accounts for disbursement by personal thereto of such rights as he may have check.

thereundex. (g) The grantee shall maintain sepa (b) The instrument of grant will conrate records for each grant in accord tain a provision to the effect that the ance with generally accepted account grantee or principal investigator shall ing principles. Such records shall pro promptly disclose to ACDA all discovvide the basis for any fiscal reports eries and inventions conceived or first that may be required. All accounting actually reduced to practice in the perrecords relating to expenditures under formance of work aided or supported each grant shall be subject to exami- under the grant. The grantee will, nation and audit by authorized repre- upon request, assign, and transfer to sentatives of ACDA at all reasonable the United States, as represented for times during the period of the grant this purpose by ACDA, full and entire, and for 3 years after termination. In right, title, and interest in and to such addition, the Comptroller General of discoveries or inventions; Provided, the United States or any of his duly however, That in the absence of any authorized representatives shall, until request by the Agency for such an asthe expiration of 3 years after termi signment or transfer, the grantee nation of the grant, have access to and agrees in any event that it will grant the right to examine any directly per- an irrevocable, nonexclusive, nontranstinent books, documents, and records ferable, royalty-free license for the of the grantee involving transactions practice throughout the world, by or relating to the grant.

on behalf of the United States or by (h) A final fiscal report containing any foreign government or internaan itemized statement of the disposi tional organization pursuant to any tion of all grant funds shall be submit treaty or other agreement with the ted within ninety (90) days after the Government of the United States, of completion of work under the grant. each such discovery or invention. The An interim fiscal report containing an grantee will warrant that he has or itemized statement of expenditures shall obtain full authority to make and commitments made and of any in such assignments and transfers by obterest earned on grant funds, shall be taining from all persons who will be submitted at 3-month intervals.

participating in the research project (i) Agency grants may not be trans- agreements to assign to the grantee all ferred from one grantee to another discoveries and inventions conceived without the execution of a novation or or first actually reduced to practice other appropriate agreement executed during the grant period with the aid by the existing and prospective gran or support of grant funds. tees as well as by the Agency. A re- (c) If to the best of the grantee's quest for such a transfer shall be ad- knowledge and belief no inventions

have been conceived or first actually

Subpart 23-50.5—Publication reduced to practice during the grant period with the aid or support of grant

8 23-50.501 Policy. funds, the grantee shall so certify to ACDA at the termination of the grant The Agency is concerned that reperiod. Nothing contained herein shall

search, development, or study projects be deemed to require the grant of any

sponsored or assisted by its grants rights to the United States under any

take proper account of the public ininvention other than an invention con

terest and the interests of scholars as

well as of potential users of the resultceived or first actually reduced to practice during the grant period and

ing information. Scholars or other inas a result of performance of work

vestigators engaged in such projects

shall be free to exercise their best proaided or supported under the grant.

fessional judgments as to the content $ 23–50.404 Security.

of the project report, whose ultimate

acceptance will depend on its intrinsic (a) To the maximum extent practic

merit. cable, projects sponsored or assisted by Agency grant shall be unclassified

$ 23-50.502 Copyrights and other rights in and free of any information, which

data. under paragraph (b) of this section, is

(a) Agency support of such projects likely to serve as a bar to publication.

entitles the Agency to monitor closely (b) Special provisions, pertaining to

the publication and distribution of the security or to administrative controls

project report to ensure that publicanecessary to avoid unauthorized dis

tion and distribution reflect adequateclosure, shall be incorporated in the

ly the public interest. Various procegrant instrument, in appropriate cir

dures are available to effectuate the cumstances. These include circum

Agency's policy. One procedure would stances where the performance of permit the publication and disseminawork under the grant requires or in- tion under copyright held by the volves access to Restricted Data or grantee with grant of an irrevocable, other classified information, or to in nonexclusive, transferable, royaltyformation the public disclosure of free license to the Government. Anwhich would, in the opinion of the other would permit publication and Agency, violate a confidential relation dissemination by the Government ship or other obligation established or without statutory copyright protecrecognized by law requiring the tion. The instrument of grant shall Agency to withhold publication.

contain appropriate provisions to such

effect. § 23-50.405 Equal opportunity.

(b) With respect to any release of Each grant shall contain a provision

unclassified information (including, to the effect that no person in the

without limitation, any news release, United States shall (a) be excluded

article, brochure, speech, manuscript, from participation in performance

or other material) which discloses

either the existence of the study supunder this grant, (b) be denied the benefits of the grant, or (c) be subject

ported by the grant or the work proded to any discrimination under the

uct of the grant (including, without

limitation, factual findings, hypothgrant, on the grounds of race, color, or

eses, conclusions, opinions, or recom. national origin. The grant shall also

mendations), the grantee shall: (1) require compliance on the part of the

Provide the Agency with a copy of the grantee with such Agency regulations

proposed release at least thirty (30) as may be promulgated from time to

days prior to the release date; and (2) time to effectuate the objectives of

unless otherwise directed in writing by such equal opportunity.

the Granting Officer, make an appropriate acknowledgment of support by the U.S. Arms Control and Disarmament Agency and if the work product

40-113

0–79--6

.

of the grant is disclosed, include in the wise stated) to any official designated release the following disclaimer:

to act for one of those enumerated The ideas and conclusions presented

during the absence or incapacity of

the latter, subject to the specific limiherein are solely those of the author(s). They do not necessarily correspond to those

tations stated in this part 23-51. of the U.S. Arms Control and Disarmament

(b) Unless otherwise limited in this Agency or of any other agency or depart

Part 23-51, the contracting officers ment of the U.S. Government.

named in Subpart 23-51.2 of this part

may designate one or more qualified PART 23-51-DELEGATIONS OF Government officials to act as their PROCUREMENT AUTHORITY

authorized representatives, and authority is hereby delegated to such of.

ficials to administer the performance Sec. 23-51.000 Scope of part.

of work required by the contracts.

Designations will be in writing and will Subpart 23–51.1-General

specifically state the scope and limita

tions of the designee's contractual au23-51.101 Delegation.

thority which must be within the Subpart 23–51.2-Delegations

scope of authority possessed by the

designating Contracting Officer. The 23-51.201 The Executive Director.

signed original or duplicate original of 23-51.202 Chief of the Contracts Branch. such delegations of authority shall be 23-51.203 Contract Specialist.

retained in the files for examination 23-51.204 Library.

and a copy given to the contractor. 23-51.205 General Services.

(c) When exercising the authority AUTHORITY: Sec. 205(c), 63 Stat. 390, 40

contained in this Part 23-51, the desigU.S.C. 486(c); sec. 302, 63 Stat. 393, 41 U.S.C.

nated procurement official is identi. 252; sec. 304, 63 Stat. 395, 41 U.S.C. 254; sec.

fied as the Contracting Officer and 307, 63 Stat. 396, 41 U.S.C. 257; and sec. 41,

will function within the limits pre75 Stat. 631, 22 U.S.C. 2581.

scribed by law, Federal Procurement SOURCE: 33 FR 19234, Dec. 24, 1968, unless

Regulations, Procurement Regulations otherwise noted.

of the U.S. Arms Control and Disar

mament Agency and all applicable $ 23-51.000 Scope of part.

provisions of Executive orders, regulaThis part sets forth the delegations tions, and directives which are now in of authority to make findings and de effect or which may be issued hereafterminations, to negotiate, execute, ter by competent authority. award, and administer contracts, inter (d) The Executive Director is desig. agency agreements, purchase orders, nated as the chief officer responsible other contractual arrangements and for procurement. In collaboration with grants, hereinafter referred to as “con the General Counsel or his designee, tracts," unless otherwise stated.

he shall formulate procurement policy

for the Director's approval and within Subpart 23–51.1-General the policy approved by the Director

shall prescribe standards and proce$ 23–51.101 Delegation.

dures for the negotiation, award and (a) Except as otherwise provided by

administration of contracts. law, regulation, or specific memoranda of delegation, the authority of the Di

Subpart 23-51.2-Delegations rector of the U.S. Arms Control and Disarmament Agency to make findings $23–51.201 The Executive Director. and determinations, to negotiate, ex- (a) To the Executive Director is deleecute, award, and administer contracts gated the following authority: for the acquisition of personal proper (1) Subject to availability of funds, ty and services (including construc- to enter into contracts or contract tion) and the acquisition of real prop- modifications which will not require erty by lease, is hereby delegated to the expenditure of more than $1 milthose officials designated in Subpart lion for the acquisition of property or 23-51.2 of this part, and (unless other services following formal advertising.

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