§ 1627.2 - Definitions.  


Latest version.
  • § 1627.2 Definitions.

    (a) Private attorney has the meaning given that term in 45 CFR 1614.3(i).

    (b) Procurement contract means an agreement between a recipient and a third party under which the recipient purchases property or services that does not qualify as a subgrant as defined in paragraph (e)(1) of this section.

    (c) Property means real estate or personal property.

    (d) Recipient as used in this part means any recipient as defined in section 1002(6) of the Act and any grantee or contractor receiving funds from

    the Corporation

    LSC under section 1006(a)(1)(B)

    or 1006(a)(3)

    of the Act.

    (

    b

    e) Subgrant.

    (1)

    Subrecipient shall mean any entity that accepts Corporation funds

    Subgrant means an award of LSC funds or property or services purchased in whole or in part with LSC funds from a recipient

    under a grant contract, or agreement to conduct certain activities specified by or supported by the recipient related to the recipient's programmatic activities. Such activities would normally include those that might otherwise be expected to be conducted directly by the recipient itself, such as representation of eligible clients, or which provide direct support to a recipient's legal assistance activities or such activities as client involvement, training or state support activities. Such activities would not normally include those that are covered by a

    to a subrecipient for the subrecipient to carry out part of the recipient's legal assistance activities. A subgrant has the characteristics set forth in § 1627.3(b).

    (2) Subgrant includes fee-for-service

    arrangement

    arrangements, such as those provided by a private law firm or attorney representing a recipient's clients on a contract or judicare basis,

    except that any such arrangement involving more than $25,000 shall be included. Subrecipient activities would normally also not include the provision of goods or services by vendors or consultants in the normal course of business if such goods or services would not be expected to be provided directly by the recipient itself, such as auditing or business machine purchase and/or maintenance. A single entity could

    only when the cost of such arrangements exceed $60,000.

    (f) Subrecipient means any entity receiving a subgrant. A single entity may be a subrecipient with respect to some activities it conducts for a recipient while not being a subrecipient with respect to other activities it conducts for a recipient.

    (2) Subgrant shall mean any transfer of Corporation funds from a recipient which qualifies the organization receiving such funds as a subrecipient under the definition set forth in paragraph (b)(1) of this section.

    (c) Membership fees or dues as used in this part means payments to an organization on behalf of a program or individual to be a member thereof, or to acquire voting or participatory rights therein.

    [48 FR 54209, Nov. 30, 1983, as amended at 61 FR 45754, Aug. 29, 1996; 62 FR 19418, Apr. 21, 1997]