§ 590.504 Denial by operation of law.

Unless the Assistant Secretary acts upon the application for rehearing within thirty (30) days after it is filed, it is deemed to be denied. Such denial shall constitute final agency action for the purpose of judicial review.

$590.505 Answers to applications for rehearing.

No answers to applications for rehearing shall be entertained. Prior to the issuance of any final opinion and order on rehearing, however, the Assistant Secretary may afford the parties an opportunity to file briefs or answers and may order that a conference, oral presentation, or trial-type hearing be held on some or all of the issues presented by an application for rehearing.

Subpart A-General

SOURCE: 47 FR 44083, Oct. 5, 1982, unless otherwise noted.

EDITORIAL NOTE: Nomenclature changes to this part appear at 53 FR 5261, Feb. 22, 1988.

§ 600.1 Purpose and scope.

The purposes of this part are to implement the Federal Grant and Cooperative Agreement Act, Public Law 97258 (31 U.S.C. 6301-6308), and to establish uniform policies and procedures for the award and administration of DOE grants and cooperative agreements. This subpart (subpart A) sets forth the policies and procedures applicable to both grants and cooperative agreements.

§600.2 Applicability.

(a) Except as otherwise provided by Federal statute or program rule, this part applies to any unsolicited application received and any solicitation issued on or after the effective date of this part, and to any new, continuation, or renewal award (and any subsequent subaward) with a beginning date on or after the effective date of this part.

(b) Any new, continuation, or renewal award (and any subsequent subaward) shall comply with any applicable requirement of a Federal statute or a Federal rule if the award is made on or after the effective date of the applicable statutory or regulatory requirement. Unless otherwise specified by DOE, any new, continuation, or renewal award (and any subsequent subaward) shall comply with any applicable Office of Management and Budget (OMB) Circular or governmentwide guidance in effect as of the date of such award.

(c) A financial assistance recipient performing research, development, or related activities involving the use of human subjects shall comply with DOE regulations in 10 CFR part 745 "Protection of Human Subjects" and any additional provisions which may be included in the Special Terms and Conditions of the award.

(d) The disputes and appeals procedures set forth in §600.26 shall apply to any new, continuation or renewal award made after the effective date of

or

this paragraph, and to any active, expired, terminated, or closed-out grant cooperative agreement provided, however, a final determination (see, § 600.26(a)) in any dispute is issued on or after the effective date of this paragraph. If requested in writing by the appellant or appellants, the Financial Assistance Appeals Board shall have jurisdiction, as provided in §600.26(d), to decide an appeal from a final determination issued not more than 90 days before the effective date of this paragraph.

(e) The provisions of the Single Audit Act of 1984 (Pub. L. 98-502) and OMB Circular A-128, as implemented in subpart D of this part, apply to fiscal years of State governments, local gov ernments, or Indian tribes that begin after December 31, 1984.

(f) Financial assistance to foreign governments shall be governed by this part and the administrative requirements and cost principles applicable to State and local governments, to the er tent appropriate. Foreign organiza tions shall likewise be covered by this part and the administrative requirements and cost principles applicable to their respective recipient type, to the extent appropriate. Any deviation from the requirements of this part and the applicable OMB circulars with respect to a foreign entity(ies) is not a deviation requiring approval in accordance with the procedures of § 600.4 of this part.

(g) OMB Circulars. (1) The following OMB Circulars apply as provided in paragraphs (a) and (b) of this section and the sections of this part where specific reference to any of the material is made:

(i) OMB Circular A-110, Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations (41 FR 32016, July 30, 1976, as amended by 58 FR 62992, Nov. 29, 1993).

(ii) OMB Circular A-21, Cost Principles Applicable to Grants, Contracts and Other Agreements with Institution of Higher Education (44 FR 12368, Mar. 6, 1979 as amended by 47 FR 333658, Aug. 3, 1982, and 58 FR 58393, July 26, 1993).

(iii) OMB Circular A-87, Cost Principles Applicable to Grants, Contracts and Other Agreements with State and

Local Governments (46 FR 9548, Jan. 28, 1981).

(iv) OMB Circular A-122, Cost Principles Applicable to Grants, Contracts and Other Agreements with Nonprofit Organizations (45 FR 46022, July 8, 1980 fas amended by 49 FR 18276, April 27, 1984).

the (v) OMB Circular A-128, Audits of State and Local Governments (50 FR 19114, May 6, 1985).

(2) Copies of the OMB publications listed in paragraph (g)(1) may be oboftained from the Office of Management

and Budget, Office of Administration, Publications Unit, Washington, DC 50020503 or from the cognizant administering office.

I

[47 FR 44083, Oct. 5, 1982, as amended at 48 FR 29184, June 24, 1983; 48 FR 34404, July 28, 1983; 50 FR 42356, Oct. 18, 1985; 51 FR 4297, Feb. 4, 1986; 54 FR 23959, June 5, 1989; 57 FR 3, Jan. 2, 1992; 59 FR 53265, Oct. 21, 1994]

§600.3 Definitions.

The following definitions are provided for purposes of this part—

Ad hoc committee means a temporary committee established to perform a single, specific short-term task, after which the committee disbands.

Applicant means any individual, organization, agency, or entity which files a written application or preapplication for financial assistance with DOE or with a recipient (i.e. for a subaward). Application means a written request for financial assistance.

Approved budget means a budget and any revision thereto which has been approved in writing by DOE for carrying out the purposes of a project.

Assistance means the transfer of money, property, services or anything of value to a recipient to accomplish a public purpose of support or stimulation authorized by Federal statute.

Award means the written document executed by a DOE Contracting Officer, after an application is approved, which contains the terms and conditions for providing financial assistance to the recipient.

Awarding party means DOE or a recipient who makes a subaward.

Budget means the applicant's financial expenditure plan for carrying out the proposed project. The budget shall

include any cost sharing which is required by statute, rule, or the award.

Budget period means the interval of time, specified in the award, into which a project is divided for budgeting and funding purposes.

Continuation award means an award for a succeeding or subsequent budget period after the initial budget period of either an approved project period or renewal thereof.

Contract means a written procurement contract with a third party for the acquisition of property or services under a financial assistance award.

Contracting Officer means the DOE official authorized to execute awards on behalf of DOE and who is responsible for the business management and nonprogram aspects of the financial assistance process.

Cooperative agreement means a financial assistance instrument used by DOE to transfer money or property when the principal purpose of the transaction is accomplishment of a public purpose of support or stimulation authorized by Federal statute and substantial involvement is anticipated between DOE and the recipient during performance of the contemplated activity. For purposes of this part, the term "cooperative agreement" does not include nonfinancial assistance.

Cost sharing refers to the share of project costs required to be contributed by the recipient. Depending on the source and nature of the requirement, terms such as matching and cost participation may also be used to denote cost sharing.

Department or DOE means the United States Department of Energy.

Director means the Director, Procurement and Assistance Management Directorate, DOE.

Discretionary financial assistance means financial assistance provided under a Federal statute which authorizes DOE to select the recipient and the project to be supported and to determine the amount to be awarded.

Extension means an amendment of an award, which would otherwise expire, to provide additional time, and if appropriate, additional funds for completion of project activities.

Federally recognized Indian tribal government means the governing body or a