NIH Grants Policy Statement
(10/12)
Part II: Terms and Conditions of NIH Grant Awards
Subpart A: General – File 1 of 6
PART II: TERMS AND CONDITIONS OF NIH GRANT AWARDS
SUBPART A: GENERAL
3 OVERVIEW OF TERMS AND CONDITIONS
Part II includes the terms and conditions of NIH grants and
cooperative agreements and is incorporated by reference in all NIH grant and
cooperative agreement awards. Subpart A (IIA) includes those terms and
conditions that apply, in general, to NIH awards. Subpart B (IIB) either
expands on IIA coverage or specifies additional or alternate terms and
conditions for particular types of awards, recipients, or activities.
These terms and conditions
are not intended to be all-inclusive. All awards or a specified subset of
awards also may be subject to additional requirements, such as those included
in executive orders and appropriations acts.
NIH grants awards are based
on the application submitted to, and approved by, the NIH and are subject to
the terms and conditions incorporated either directly or by reference in the
following:
- The grant program legislation and program
regulation cited in the NoA
- Conditions on activities and expenditure of
funds in other statutory requirements, such as those included in appropriations acts. This also includes any recent
legislation.
- 45 CFR 74 or 45 CFR 92, as applicable.
- The NIH Grants Policy Statement, including
addenda in effect as of the beginning date of the budget period.
- The NoA including all
terms and conditions cited on the document or attachments.
Notice of requirements not specified in the NIHGPS generally
will be provided in the NoA, but such notice is not
required for the award to be subject to the requirements of pertinent statutes
and regulations. An individual award also may contain award-specific terms and
conditions. For example, the GMO may include terms or conditions necessary to
address concerns about an applicant's management systems.
Program and administrative policies and the terms and
conditions of individual awards are intended to supplement, rather than
substitute for, governing statutory and regulatory requirements. Thus, the
requirements of the NIHGPS apply in addition to governing statutory and
regulatory requirements not cited herein, and award-specific terms apply in
addition to the requirements of the NIHGPS.
This NIHGPS is an aid to the interpretation of statutory and
regulatory requirements. These terms and conditions are intended to be
compliant with governing statutes and the requirements of 45 CFR parts 74 and
92, as modified by previously approved waivers and deviations. However, in the
case of a conflict, the statutes and regulations govern.
If there is a perceived conflict between or among these
three categories of requirements – statutory and regulatory requirements, the
terms and conditions in the NIHGPS, and award-specific terms and conditions – or
if the grantee has other questions concerning award terms and conditions, the
grantee should request written clarification from the GMO. This may be done at
any time; however, if the inclusion of the term or condition would cause the
grantee not to accept the award or to be unable to comply, the question should
be raised before funds are requested from the HHS payment system. By drawing
funds from the HHS payment system, the grantee agrees to the terms and
conditions of the award.
3.1 Federalwide Standard Terms and Conditions for Research Grants
In order to create greater consistency in the administration
of Federal research awards, all Federal research agencies now utilize a
standard core set of administrative terms and conditions on research and research-related
awards that are subject to OMB Circular A-110 (2 CFR 215), to the extent
practicable. The Government-wide core set of administrative requirements and
other pertinent documents are posted at: http://www.nsf.gov/bfa/dias/policy/rtc/index.jsp.
Grantees are encouraged to review the companion documents which include a Prior
Approval Matrix, National Policy Requirement Matrix, Subaward Requirement Matrix, and Agency-Specific Requirements. NIH implementation of
these Federalwide research terms and conditions has
no significant change in the requirements or terms and conditions for NIH
awardees.
3.2 NIH Standard Terms of Award
Federal administrative requirements allow agencies to waive
certain cost-related and administrative prior approval; these are known as
expanded authorities. In 2001, NIH extended these authorities to all NIH awards
except for the provision to automatically carry over unobligated balances;
therefore the term "expanded authorities" has been replaced with "NIH Standard
Terms of Award". See Administrative Requirements—Changes in Project
and Budget—NIH Standard Terms of Award for more details.
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