Regulations last checked for updates: Nov 24, 2024

Title 2 - Grants and Agreements last revised: Jan 01, 1900
§ 1128.1 - Purpose of this part.

(a) This part specifies standard wording of general terms and conditions concerning financial and program management, including recipients' financial management systems, payments, cost sharing or matching, program income, budget and program revisions, audits, allowable costs, and periods of availability of funds.

(b) It thereby implements OMB guidance in the following portions of 2 CFR part 200, as they apply to general terms and conditions of grants and cooperative agreements:

(1) Sections 200.80, 200.209, and 200.302 through 200.309;

(2) Sections 200.301 and 200.328, as they relate to associations between financial data and performance accomplishments and reporting; and

(3) Subparts E and F.

§ 1128.2 - Applicability of this part.

The types of awards and entities to which this part and other parts in this subchapter apply are described in the subchapter overview at 2 CFR 1126.2.

§ 1128.3 - Exceptions from requirements of this part.

Exceptions are permitted from the administrative requirements in this part only as described at 2 CFR 1126.3.

§ 1128.4 - Organization of this part.

(a) The content of this part is organized into subparts and associated appendices.

(1) Each subpart provides direction to DoD Components on how to construct one article of general terms and conditions for grants and cooperative agreements.

(2) For each subpart, there is a corresponding appendix with standard wording for terms and conditions of the article addressed by the subpart. Terms and conditions address rights and responsibilities of the Federal Government and recipients.

(b) A DoD Component must use the wording provided in each appendix in accordance with the direction in the corresponding subpart. That direction may permit DoD Components to vary from the standard wording in some situations.

(c) Table 1 shows which article of general terms and conditions may be found in each of appendices A through G to this part (with the associated direction to DoD Components in Subparts A through G, respectively):

Table 1 to Paragraph (c)

In . . . You will find terms and conditions specifying recipients' rights and responsibilities related to . . . That would appear in an award within FMS Article . . .
Appendix AFinancial management system standardsI.
Appendix BPaymentsII.
Appendix CAllowable costs, period of availability of funds, and fee or profitIII.
Appendix DRevision of budget and program plansIV.
Appendix ENon-Federal auditsV.
Appendix FCost sharing or matchingVI.
Appendix GProgram incomeVII.
Subpart A [§ 1128.100 - § 1128.105] -
Subpart B [§ 1128.200 - § 1128.220] - Subpart B—Payments (FMS Article II)
Subpart C [§ 1128.300 - § 1128.325] - Subpart C—Allowable Costs, Period of Availability of Funds, and Fee or Profit (FMS Article III)
Subpart D [§ 1128.400 - § 1128.430] - Subpart D—Revision of Budget and Program Plans (FMS Article IV)
Subpart E [§ 1128.500 - § 1128.505] - Subpart E—Non-Federal Audits (FMS Article V)
Subpart F [§ 1128.600 - § 1128.635] - Subpart F-Cost Sharing or Matching (FMS Article VI)
Subpart G [§ 1128.700 - § 1128.725] - Subpart G-Program Income (FMS Article VII)
authority: 5 U.S.C. 301 and 10 U.S.C. 113.
source: 85 FR 51171, Aug. 19, 2020, unless otherwise noted.
cite as: 2 CFR 1128.4