CFR Subpart E

CFR Subpart E
in effect

2 C.F.R. § 1138.500 Purposes of SUB Article V in relation to other articles.

(a) Purposes. SUB Article V specifies requirements concerning equipment, supplies, and real, intangible, and federally owned property that recipients must include in subawards they make under DoD grants and cooperative agreements. It thereby: (1) Specifies which of the requirements in PROP Articles I through VI of the award flow down to subawards; and (2) Implements OMB guidance in 2 CFR 200.310 through 200.316, as those sections apply to subawards. (b) Award terms and conditions. A DoD Component's general terms and conditions must use the wording appendix E to this part provides as Section A of SUB Article V to inform recipients about the relationship between requirements for the recipient in PROP Articles I through VI and requirements for subawards in SUB Article V.

2 C.F.R. § 1138.505 Title to property under subawards.

(a) Requirement. A DoD Component's general terms and conditions must specify requirements related to title to property under subawards. (b) Award terms and conditions—(1) General. A DoD Component's general terms and conditions must use the wording appendix E to this part provides as Section B of SUB Article V to specify the requirements concerning title to property that recipients must include in their subawards. (2) Exception. If a DoD Component has the necessary statutory authority to do so and includes provisions in paragraph A.2 of PROP Article I to identify any property acquired under the award as exempt property, as described in 2 CFR 1130.105, the DoD Component may at its option insert wording in paragraph B.1.b of SUB Article V to allow recipients to pass through those provisions to subrecipients. (i) It is critical, however, that the DoD Component ensures that the wording of paragraph B.1.b is consistent with the statutory authority. (ii) For example, if the statutory authority is 31 U.S.C. 6306—as described in 2 CFR 1130.105(b)(2)(i)—the wording of paragraph B.1.b of SUB Article V may permit a recipient to flow down the substance of the exempt property provision in paragraph A.2 of PROP Article I only to a subrecipient that is a nonprofit institution of higher education or nonprofit organization whose primary purpose is conducting scientific research.

2 C.F.R. § 1138.510 Property management system requirements for subawards.

(a) Requirement. A DoD Component's general terms and conditions must address the standards for property management systems that apply to subawards. (b) Award terms and conditions. To specify the property management system standards that recipients must include in their subawards, a DoD Component's general terms and conditions must use the wording appendix E to this part provides as Section C of SUB Article V.

2 C.F.R. § 1138.515 Use and disposition of real property, equipment, supplies, and federally owned property under subawards.

(a) Requirement. A DoD Component's general terms and conditions must specify the requirements concerning use and disposition of real property, equipment, supplies, and federally owned property that recipients must include in subawards. (b) Award terms and conditions. A DoD Component's general terms and conditions must use the wording appendix E to this part provides for Sections D through F of SUB Article V.

2 C.F.R. § 1138.520 Intangible property under subawards.

(a) Requirement. A DoD Component's general terms and conditions must address the provisions concerning intangible property that recipients must include in subawards. (b) Award terms and conditions—(1) General. To specify the intangible property provisions that recipients must include in their subawards, a DoD Component's general terms and conditions must use the wording appendix E to this part provides as Section G of SUB Article V. (2) Exception. A DoD Component's general terms and conditions may delete the reference to “Section B of PROP Article VI” in the wording appendix E to this part provides for paragraph G.2 of SUB Article V and provide alternative wording if: (i) Those general terms and conditions will be used in awards for purposes other than research or education, as described in 2 CFR 1130.610(c)(3); and (ii) The DoD Component wants to specify that nonprofit and governmental recipients include either: (A) No provisions concerning inventions in subawards to for-profit entities; or (B) Provisions in subawards to for-profit entities that differ from those the DoD Component's general terms and conditions specify for nonprofit and governmental recipients.

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