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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.