|
GPD
Part 1.03: General - Applicability
HHS
Transmittal 99.01 (1/14/99)
Part
1 General
Section
03 Applicability
- Principles
- Purpose.
This Grants Policy Directive (GPD) outlines responsibilities of HHS
and the Operating Divisions (OPDIVs) in implementing the GPD system.
It also specifies review and approval requirements for policies and
procedures which implement or supplement issuances by the Office of
Grants Management (OGM), Office of Grants and Acquisition Management
and includes a list of key references that apply to HHS grants administration.
- Scope.
This GPD applies to all OPDIVs with authority to award grants and/or
cooperative agreements, regardless of whether the awards are mandatory
or discretionary. Subsequent GPD sections will indicate whether and
how each applies to mandatory grants. Section 5 of the GPDs is reserved
for policies that apply to mandatory grants only.
- Policy.
It is HHS policy that, to the extent possible, (1) HHS staff operate
under current and complete policies and procedures, and (2) grantees
are subject to common requirements and are provided consistent interpretation
of policies and procedures.
- Policy
Implementation and Approval Requirements
OGM
is responsible for the development, issuance and maintenance of Department-wide
policies governing the award and administration of grants. These policies
are issued in the form of GPDs (see GPD 1.01), for HHS staff, and
regulations and other policy issuances for both HHS and recipient
staff. In this role, OGM is responsible for reviewing any OPDIV- originated
regulation, policy or procedure that is intended to implement or supplement
those issuances, whether or not the OPDIV proposes to deviate from
HHS GPD or regulatory coverage. The OGM review requirements under
each of these issuance systems are discussed in the following paragraphs.
- GPD
Implementation.
- GPDs
are effective immediately upon issuance. Therefore, OPDIVs must have
a system in place for providing the GPDs to their staff following issuance
by OGM. GPDs are posted on GrantsNet (http://www.hhs.gov/grantsnet)
concurrent with hard-copy distribution.
- Internal
Implementation.
Each
OPDIV is required to use a Grants Administration Manual (GAM) to provide,
for its staff, internal implementing procedures for the policies contained
in GPDs. A GAM may also include internal policies (and implementing
procedures) for OPDIV-specific subjects and/or areas not covered in
the GPDs issued by OGM.
OPDIVs
may fulfill the requirement by:
Issuing
their own OPDIV GAM as approved by OGM, or
Using
the generic GAM issued and maintained by OGM. 1
Sub-OPDIV-level
implementations, if any, may be reviewed and approved by the OPDIV
grants policy office if the proposed issuance(s) is consistent with
the OGM-approved OPDIV implementation. Any OPDIV or sub-OPDIV implementation
of the generic GAM is subject to OGM review and approval.
- External
Implementation.
GPD
transmittal memoranda will highlight applicability to grantees/recipients,
if any, and will specify the action(s) to be taken by HHS staff, including
the need for, and timing of, inclusion of a new or revised requirement
in the terms and conditions of award. If an OPDIV proposes an alternate
implementation, OGM review and approval is required.
In
the memorandum forwarding a GPD implementation to OGM for review and
approval, OPDIVs must indicate any anticipated direct impact on grantees
beyond that specified by OGM in the GPD transmittal memorandum.
- Implementation
of HHS Grants Administration Regulations and Other HHS Regulations.
- Although
the Department's grants administration regulations are comprehensive,
there may be instances when implementation or supplementation of those
regulations is necessary.
Circumstances
under which implementation or supplementation is appropriate or required
include:
Implementation
of an option reserved to the OPDIV/awarding office in 45 CFR Part
74 or 92, whether on an individual award or a class(es) of awards;
The
need for more explicit guidance where audits or other monitoring reveals
compliance problems or lack of understanding of a policy area(s).
- Implementation
or supplementation of the Departmental regulations cited in subparagraph
D.1. below is considered an "external" implementation and
requires OGM approval (other than implementation of an option reserved
to an OPDIV/awarding office in Part 74 or 92). This review and approval
may be accomplished as part of the formal HHS regulation clearance process.
1The
generic GAM is currently under development and will be completed in stages
consistent with the issuance and reissuance of GPDs.
- Deviations
from HHS Requirements
- For
purposes of this GPD, a deviation is any departure from an existing
policy requirement in the GPDs or grant regulations. Deviations with
respect to requirements incorporated by reference in Part 74 or 92;
e.g., the cost principles, are also subject to the approval requirements
provided in this GPD.
- An
"individual" (single-case) deviation request is a deviation
being sought for one grant only that arises on a case-by-case basis.
Individual deviations, including any mandated by Federal statute, must
be appropriately implemented by the OPDIV head or by officials designated
in the OPDIV's formal deviation procedures.
- A
"class" deviation request involves more than one grant for
which the same type of deviation action is being requested. Class deviations
mandated by Federal statute must be appropriately implemented by the
OPDIV head or by officials designated in the OPDIV's formal deviation
procedures. Class deviations not mandated by Federal statute must be
approved by OGM or by higher authority and implemented by the appropriate
officials designated in the OPDIV's formal deviation procedures.
- OPDIVs
are responsible for establishing a process to review, document and evaluate
deviation requests, whether for individual or class deviations. A copy
of all deviations should be maintained in the official grant file as
well as in a central "deviations" file.
- Documents
Used in HHS Grants Administration
Listed
below are key Departmentwide and Governmentwide documents used in
the administration of HHS grants and cooperative agreements. HHS staff
are responsible for ensuring that the correct version of a regulation
is cited or applied in any documents or correspondence.
- Regulations.
37
CFR
Part
401, Rights to Inventions Made by Non-Profit Organizations and Small
Business Firms under Government Grants, Contracts, and Cooperative
Agreements
45
CFR
Part
16, Procedures of the Departmental Grant Appeals Board
Part
74, Uniform Administrative Requirements for Awards and Subawards to
Institutions of Higher Education, Hospitals, Other Non-Profit Organizations,
and Commercial Organizations; and Certain Grants and Agreements with
States, Local Governments and Indian Tribal Governments
Part
76, Government-wide Debarment and Suspension (Nonprocurement) and
Governmentwide Requirements for Drug-Free Workplace (Grants)
Part
92, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments
Part
93, New Restrictions on Lobbying
Part
95, General Administration- Grant Programs (Public Assistance and
Medical Assistance)
Part
96, Block Grants
Part
100, Intergovernmental Review of Department of Heath and Human Services
Programs and Activities
- OMB
Circulars.
A-21,
Cost Principles for Educational Institutions
A-50,
Audit Followup
A-87,
Cost Principles for State, Local and Indian Tribal Governments
A-89,
Catalog of Federal Domestic Assistance
A-102,
Grants and Cooperative Agreements with State and Local Governments
A-110,
Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations
A-122,
Cost Principles for Non-Profit Organizations
A-133,
Audits of States, Local Governments, and Non-Profit Organizations
|