(six) Specifying only a “manufacturer name” product or service in lieu of making it possible for “an equal” merchandise to become made available and describing the performance or other related needs from the procurement; and

(a) All procurement transactions must be performed within a method furnishing comprehensive and open up Levels of competition in step with the specifications of the area. To be able to be certain aim contractor performance and get rid of unfair aggressive gain, contractors that build or draft specifications, requirements, statements of labor, or invitations for bids or requests for proposals need to be excluded from competing for this sort of procurements. A number of the situations thought to be restrictive of Level of competition involve but are usually not restricted to:

(3) Exactly where the costs incurred surface unreasonable and don't replicate the steps a prudent particular person would choose inside the situation.

(1) A general public or non-public Firm located in a country in addition to the United States and its territories that may be matter into the legal guidelines of the place wherein it is found, irrespective of the citizenship of task personnel or put of effectiveness;

(3) A charitable Corporation situated in a country aside from the United States which is nonprofit and tax exempt beneath the legislation of its region of domicile and Procedure, and is not a College, school, accredited degree-granting institution of education and learning, non-public Basis, clinic, organization engaged completely in exploration or scientific routines, church, synagogue, mosque or other comparable entities organized largely for spiritual uses; or

(A) The method for setting up the estimates creates fair approximations of the exercise truly carried out;

(d) Monitor the things to do from the subrecipient as essential in order that the subaward is used for licensed applications, in compliance with Federal statutes, rules, as well as terms and conditions of the subaward; and that subaward performance plans are reached. Move-through entity checking of your subrecipient should include things like:

means the clearinghouse specified by OMB because the repository of file where non-Federal entities are needed to transmit the reporting offers demanded by subpart File of this part.

These are definitely the definitions for conditions employed Within this aspect. Various definitions may be located in Federal statutes or rules that utilize much more especially to particular plan or actions.

(3) HHS awarding organizations shall not put up any information that may be designed publicly out there inside the non-public phase from the selected integrity and overall performance technique that is covered by a disclosure exemption underneath the liberty of knowledge Act. In case the non-Federal entity asserts within just 7 calendar times to the HHS awarding agency who posted the information, that some of the data manufactured publicly offered is roofed by a disclosure exemption under the liberty of data Act, the HHS awarding agency who posted the information ought to clear away the submitting within just seven calendar days of receiving the assertion.

(i) Real standard turnover severance payments have to be allocated to all routines; or, the place the non-Federal entity gives for any reserve for usual severances, this sort of system are going to be satisfactory When the demand to latest operations is realistic in light of payments basically manufactured for usual severances in excess of a consultant earlier time period, and when quantities billed are allocated to all actions of your non-Federal entity.

(a) Below Federal investigate proposals, voluntary dedicated Charge sharing is not envisioned. It can't be employed as a factor in the course of the merit evaluation of programs or proposals, but may very well be thought of if it is each in accordance with HHS awarding agency laws and specified in a observe of funding option. Conditions for thinking of voluntary committed Price tag sharing and some other system coverage components that may be employed to find out who might receive a Federal award has to be explicitly explained inside the detect of funding chance.

Except if otherwise approved by OMB, the HHS awarding company could solicit only the standard, OMB-accredited governing administration-vast details features for collection of economic info (at time of publication the Federal Money Report or this sort of long run collections as may be permitted by OMB and click here listed within the OMB Site). This information have to be gathered Using the frequency essential from the stipulations in the Federal award, but no significantly less commonly than annually nor much more usually than quarterly apart from in unusual situations, as an example in which far more Recurrent reporting is essential for the efficient monitoring of the Federal award or could drastically impact system outcomes, and preferably in coordination with performance reporting.

(ii) The legal foundation supporting the applicant's or receiver's exemption should really include things like the expectations governing the applicable Federal spiritual liberty and conscience protections, including the provisions during the suitable statute from which the applicant or recipient is requesting an exemption; the Church, Coats-Snowe, and Weldon Amendments; the frequently relevant necessities with the Spiritual Liberty Restoration Act (RFRA); and