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Code of Federal Regulations (Last Updated: November 8, 2024) |
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Title 2 - Grants and Agreements |
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Subtitle B - Federal Agency Regulations for Grants and Agreements |
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Chapter XI - Department of Defense |
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SubChapter D - Administrative Requirements Terms and Conditions for Cost-Type Grants and Cooperative Agreements to Nonprofit and Governmental Entities |
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Part 1128 - Recipient Financial and Program Management: General Award Terms and Conditions |
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Subpart G - Program Income (FMS Article VII) |
§ 1128.725 - Program income after the period of performance.
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§ 1128.725 Program income after the period of performance.
(a) OMB guidance. OMB guidance in 2 CFR 200.307(f) provides that an agency may specify in agency regulations, grant or cooperative agreement terms and conditions, or agreements negotiated with recipients during the closeout process that a recipient is accountable to the Federal Government for program income earned after the end of the period of performance.
(b) DoD implementation. A DoD Component should rarely, if ever, establish a requirement for a recipient to be accountable to the Federal Government for program income earned after the end of the period of performance.
(c) Award terms and conditions. A DoD Component's general terms and conditions must include as Section F of FMS Article VII the wording for that section that is provided in appendix G to this part. That wording specifies that recipients are not accountable to the Federal Government for program income earned after the end of the performance period. If an exception is warranted for an individual award, the exception is properly addressed at the time of award in the award-specific terms and conditions.