5 | 12 November 2020
PREFACE
This document sets out the standard terms and conditions (ST&Cs) applicable to this U.S.
Department of Commerce (DOC or Commerce) financial assistance award (hereinafter referred
to as the DOC ST&Cs or Standard Terms). A non-Federal entity
1
receiving a DOC financial
assistance award must, in addition to the assurances made as part of the application, comply and
require each of its subrecipients, contractors, and subcontractors employed in the completion of
the project to comply with all applicable statutes, regulations, executive orders (E.O.s), Office of
Management and Budget (OMB) circulars, provisions of the OMB Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards (codified at 2 C.F.R.
Part 200) (OMB Uniform Guidance), provisions of these Standard Terms, and any other terms
and conditions incorporated into this DOC financial assistance award. In addition, unless
otherwise provided by the terms and conditions of this DOC financial assistance award, Subparts
A through E of 2 C.F.R. Part 200 and the Standard Terms are applicable to for-profit entities,
foreign public entities and to foreign organizations that carry out a DOC financial assistance
award.
2
This award is subject to the laws and regulations of the United States. Any inconsistency or
conflict in terms and conditions specified in the award will be resolved according to the
following order of precedence: federal laws and regulations, applicable notices published in the
Federal Register, E.O.s, OMB circulars, DOC ST&Cs, agency standard award conditions (if
any), and specific award conditions. A specific award condition may amend or take precedence
over a Standard Term on a case-by-case basis, when indicated by the specific award condition.
Some of the Standard Terms herein contain, by reference or substance, a summary of the
pertinent statutes, regulations published in the Federal Register or Code of Federal Regulations
(C.F.R.), E.O.s, OMB circulars, or the certifications and assurances provided by applicants
through Standard Forms (e.g., SF-424s) or through DOC forms (e.g. Form CD-511). To the
extent that it is a summary, such Standard Term provision is not in derogation of, or an
amendment to, any such statute, regulation, E.O., OMB circular, certification, or assurance.
1
Note that the OMB Uniform Guidance uses the term “non-Federal entity” to generally refer to an entity that carries
out a Federal award as a recipient or subrecipient. Because some of the provisions of these DOC ST&Cs apply to
recipients rather than subrecipients, or vice versa, for clarity, these DOC ST&Cs use the terms “non-Federal entity,”
“recipient,” and “subrecipient” consistent with their meanings in the OMB Uniform Guidance. In addition, the
OMB Uniform Guidance uses the term “pass-through entity” to refer to a non-Federal entity that makes a subaward.
As defined at 2 C.F.R. § 200.1:
“Non-Federal entity” is “a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit
organization that carries out a Federal award as a recipient or subrecipient.”
“Recipient” is “an entity, usually but not limited to non-Federal entities, that receives a Federal award directly from
a Federal awarding agency. The term recipient does not include subrecipients or individuals that are beneficiaries of
the award.”
“Subrecipient” is “an entity, usually but not limited to non-Federal entities, that receives a subaward from a pass-
through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such
award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.”
“Pass-through entity” is “a non-Federal entity that provides a subaward to a subrecipient to carry out part of a
Federal program.”
2
See 2 C.F.R. § 200.1 for the definitions of “foreign public entity” and “foreign organization.”