California Code of Regulations › Title 3 - Food and Agriculture › Division 1 - Administration › Chapter 5 - Grant Administration › Section 303 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				purposes of this chapter, the following definitions apply:
(1) Additional conditions. Conditions imposed
				based on past performance or a risk assessment.
(2) Administrative review. A review of a
				grant application for completeness and eligibility.
(3) Advance payment. A payment to a recipient
				for anticipated or obligated expenditures for the performance of grant award
				activities.
(4)
				Agreed-upon-procedure or desk review. A review of a random sample of grant
				award invoices and related documents for monitoring compliance with the
				requirements of the grant program and terms and conditions of the grant award.
				Agreed-upon-procedures may be conducted in accordance with the Generally
				Accepted Government Auditing Standards (GAGAS).
(5) Allowable costs. Costs incurred to
				further the objectives of the grant award that are allowable under the grant
				program requirements, the grant award terms and conditions, or these
				regulations. In the event of a conflict, the grant award terms and conditions
				will take precedence.
(6)
				Application. A formal request to receive a grant award.
(7) Application requirements. The elements of
				an application that must be completed and the items which must be included, as
				set forth in the Request for Proposals.
(8) Audit. An inspection of a recipient's
				accounts, financial management systems, and internal controls, conducted in
				accordance with the Generally Accepted Government Auditing Standards (GAGAS),
				for monitoring compliance with the requirements of the grant program and terms
				and conditions of the grant award.
(9) Audit finding. A determination of
				non-compliance with the requirements of the grant program or the terms and
				conditions of the grant award.
(10)
				Authority. The statute, court order, or mandate under which the grant program
				or the proposed use of the funds is authorized.
(11) Budget. The financial plan for the
				project.
(12) Budget narrative.
				Narrative explanation of the items in each budget category
(13) Capacity. The ability of the grant
				applicant to perform the proposed grant activities and achieve the stated
				objectives in compliance with the grant program requirements or terms and
				conditions of the grant award.
(14)
				Capital asset. An asset having a useful life of more than one year. Includes
				land, buildings, equipment as defined in this section, and intellectual
				property.
(15) Capital
				expenditures. Expenditures to acquire capital assets or expenditures to make
				additions, improvements, modifications, replacements, rearrangements,
				reinstallations, renovations, or alterations to capital assets that materially
				increase their value or useful life.
(16) Closeout. The process by which the
				Department determines that all administrative actions and all required grant
				award activities have been completed, and takes the actions described in
				section 329 Closeout.
(17) Conflict of interest. A situation in
				which a person may derive personal benefit from actions or decisions made in
				their official capacity.
(18)
				Contractor. An entity that undertakes a contract to perform an activity. The
				term Contractor includes Consultants.
(19) Cost-share or cost-match. The portion of
				project costs not borne by the grant award in the form of matching funds or
				in-kind contributions. Matching funds are cash funds, and in-kind contributions
				are the value of non-cash contributions, such as property or
				services.
(20) Department. The
				California Department of Food and Agriculture.
(21) Direct costs. Costs that can be
				identified specifically with a particular grant award and can be directly
				attributable to grant award activities relatively easily with a high degree of
				accuracy. Typical direct costs include but are not limited to compensation
				(salaries and fringe benefits) of employees who work directly on the award,
				travel that is necessary to further the objectives of the grant award, and
				equipment and supplies used solely to further the objectives of the grant
				award.
(22) Disallowed cost. Those
				charges to a grant award determined to be unallowable in accordance with the
				grant program requirements or the grant award terms and conditions.
(23) Disqualification. Removal of an
				application from the grant application process due to one or more bases for
				disqualification as set forth in the Request for Proposals issued for the
				specific grant program for which the application was received.
(24) Eligibility criteria. The minimum
				requirements an entity must meet to be eligible to apply for an award under a
				specific grant program.
(25)
				Eligible entity. An individual or organization that meets the grant program
				eligibility criteria to receive a grant award.
(26) Equipment. Tangible personal property
				having a useful life of more than one year and a per-unit acquisition cost of
				$5,000 or more. The acquisition cost includes the cost of any necessary
				accessories and all incidental costs incurred to put the asset into place and
				ready for its intended use.
a. Special purpose
				equipment is used only for research, scientific, or other technical activities.
				For example, electron microscopes, spectrometers, and dairy digesters are
				special purpose equipment.
b.
				General purpose equipment is not limited to research, scientific or other
				technical activities. For example, office equipment and furnishings, modular
				offices, telephone networks, information technology equipment and systems, air
				conditioning equipment, reproduction and printing equipment, and motor vehicles
				are general purpose equipment.
(27) Fixed amount award. A type of award
				where a specific level of funding is provided, and for which accountability is
				based primarily on performance and results, rather than actual costs
				incurred.
(28) For-profit
				organization. An organization operated for the purpose of making a
				profit.
(29) Funding
				recommendation. A recommendation presented to the Secretary or designee as to
				which grant projects should receive a grant award, based on factors including
				but not limited to the amount of available funding, merits of the application,
				program priorities, and results of the administrative review.
(30) Grant. An award of financial assistance
				made to a recipient, the principal purpose of which is the transfer of funds to
				carry out a program or project of public benefit authorized and intended by
				statute or grant program requirements.
(31) Grant agreement. The agreement document
				entered into between the Department and the Recipient which sets forth the
				terms and conditions of the grant award.
(32) Grant duration or grant period. The time
				during which the grant agreement is in effect and the recipient may carry out
				the grant award activities.
(33)
				Grant expenditure. A cost incurred and charged to a grant project for which the
				award was received.
(34) Grant
				management procedure manual. A document issued by the Department applicable to
				each grant program, grant award, or grant year providing information and
				procedures regarding managing a grant award.
(35) Grant program. A program that awards
				grants.
(36) Indirect costs. Costs
				incurred for common or joint objectives that cannot be identified specifically
				with a particular project, program, or organizational activity. Typical
				indirect costs include but are not limited to administrative or clerical staff
				costs, rent, utilities and internet service, cellular and land-line telephone
				service, general office supplies, and insurance.
(37) Individual. A person who, for the
				purposes of applying for a grant from the Department, is not associated with an
				organization, a government agency, or other institution.
(38) Institution of higher education. An
				accredited educational institution that is legally authorized to provide an
				educational program for which the institution awards a bachelor's degree or
				provides not less than a two-year program that is acceptable for full credit
				toward such a degree, or awards a degree that is acceptable for admission to a
				graduate or professional degree program.
(39) Intellectual property. A copyright,
				trademark, patent, or invention.
(40) Key personnel. The Project Director,
				Project Manager, Principal Investigator, or other person responsible for the
				project and fulfilling the terms and conditions of the grant award.
(41) Line item shift. A shift of a budget
				amount from one budget line item to another.
(42) Merits of the proposal. The degree to
				which the elements of a proposal meets the evaluation criteria set forth in the
				request for proposals.
(43)
				Non-federal funds. Funds not received from the federal government. Non-federal
				funds do not include funds received from the federal government as pass-through
				funds.
(44) Non-profit
				organization. An organization that conducts business for the benefit of the
				general public without shareholders and without a profit motive, and is exempt
				from filing income taxes under United States Internal Revenue Code section
				501(3)(c).
(45) Organization. A non-profit or for-profit
				organization, a state, local or other government, or an institution of higher
				education. Organization does not mean an individual. See Individual.
(46) Performance measure. A quantifiable
				indicator used to assess how well a project is achieving its desired
				objectives.
(47) Post-award. The
				period after a grant is awarded.
(48) Pre-award. The period prior to the award
				of a grant, including but not limited to the application period.
(49) Program income. Gross income earned as a
				result of the grant award during the grant duration. Program income includes
				but is not limited to income from fees for services performed, the sale of
				commodities or items fabricated under the grant award, and license fees and
				royalties on patents and copyrights.
(50) Project. An undertaking that is planned
				to conduct activities and achieve stated goals and objectives for which grant
				funds were awarded.
(51) Project
				description. A summary or abstract of the grant project and what the project
				will accomplish.
(52) Project
				objective. The goal or outcome a grant project is intended to
				achieve.
(53) Proposal. A document
				that contains all necessary information to describe the project plans,
				objectives, outcomes, performance measures, scope of work, and budget of the
				proposed project.
(54) Recipient,
				awardee, or grantee. An individual or organization to which a grant is awarded.
				For purposes of these regulations, the term "Recipient" will be used.
(55) Records retention period. The period of
				time after the grant award is closed out that a recipient must maintain records
				related to the grant award.
(56)
				Recusal. To excuse oneself from conducting a technical review of an application
				because of a possible conflict of interest.
(57) Reimbursement payment. Payment to a
				recipient for actual and allowable costs incurred for the grant award after the
				costs are incurred.
(58) Request
				for Applications, Request for Concept Proposals, Request for Grant Proposals,
				or Request for Proposals. A document requesting applications, proposals and
				submissions, and setting forth the requirements of a specific grant program,
				including but not limited to the application requirements and submission
				deadline. For purposes of these regulations, the term "Request for Proposals"
				will be used.
(59) Risk assessment.
				An evaluation of the potential risk for non-compliance by an applicant or
				recipient with grant program requirements or grant agreement terms and
				conditions.
(60) Secretary. The
				Secretary of the California Department of Food and Agriculture.
(61) Scope of work. A detailed description of
				the work to be performed under a grant award. The scope of work typically
				includes the approved proposal, and reporting and invoicing due
				dates.
(62) Site visit. A visit to
				the project site, or an alternative site such as a headquarters office, to
				evaluate project progress and for monitoring compliance with the requirements
				of the grant program and terms and conditions of the grant award.
(63) Subject matter expert. A person with
				expertise, experience, or in-depth knowledge in a specified subject.
(64) Supplant. Replacing existing funds for
				an activity specifically because grant funds are available or expected to be
				available to fund that same activity.
(65) Supplement. Adding to existing funds to
				enhance or expand existing activities.
(66) Supplies. Tangible personal property
				having a useful life of less than one year or a per-unit value of less than
				$5,000.
(67) Suspension. A
				temporary cessation of a grant agreement and grant project activities due to
				noncompliance with grant program requirements or grant agreement terms and
				conditions.
(68) Technical review.
				Review by one or more technical reviewers to evaluate the merits of the
				proposal.
(69) Termination. The
				ending of a grant award, in whole or in part, at any time prior to the
				specified end of the grant duration.
(70) Unallowable costs. Costs that are not
				allowable under the grant program requirements, the grant award terms and
				conditions, these regulations, or other state laws.
(71) Work plan. A detailed plan of activities
				to be performed under the grant award, including but not limited to the dates
				the work will be performed and who will perform the work.