Like the federal circuit at Hymas v. United States, 810 F.3d 1312 (Fed. Cir. 2016), the Federal Claims Court refers to the jurisdiction of the Tucker Act (28 U.S.C. p. 1491 (1) (1)) « speaks exclusively for procurement requests and contracts » (internal offers omitted). This means that when a federal authority decides to structure its supply into a cooperative agreement (a decision made under Chevron U.S.A., Inc. against natural Res. Defense Council, 467 U.S.
837, 865-66 (1984)), the only place where contractors protest an agency award decision, according to administrative procedure. With a grant, the scholarship holder has a high degree of autonomy. While fellows are still required to report regularly on the status of studies, among other grants, there are administrative requirements and participation in the NIJ is much lower. This cooperation is programmatic and can offer benefits (for example. B technical and specialized expertise) that would otherwise not be available to the recipient. Ultimately, cooperation agreements provide support and establish relationships between organizations and the sponsor, in which both parties pursue commonly declared goals or activities. In a cooperation agreement, NIJ is a partner of interest in research efforts. The Federal Grant and Cooperative Agreement Act of 1977 (P.L. 95-224, 31 USC 6301 and following) establishes the fundamental distinctions between purchase contracts, grants and cooperation contracts. The distinction between subsidies and cooperation agreements concerns the existence or absence of substantial participation. In research activities, significant involvement is likely when a federal collaborator assists, directs, coordinates or actively participates in the project.
This essential participation is most common, either through the management (1) of the allocation of resources between sub-projects, sites or institutions, or through active participation (2) in the conduct of research. Normal supervision and trust are not a significant interest. Recipients of a cooperation agreement must obtain and obtain prior authorization for a conference. This could have an impact on research activities, including working group meetings, roundtables and focus groups, which fit the definition of a « conference » within the framework of the DOJ policy. For more information, see the OJP`s financial guide, « Conference Authorization, Planning and Reporting. » As far as grants are concerned, significant participation between the NIJ and the winner should not be expected. The fellow is required to cooperate with the NIJ grant manager, who is the authorized representative of nij, who is responsible for the proper management of the grant. In addition, if the fellow chooses to engage INI scientists in contributions and advice on substantive financial aid issues (e.g. B the examination of the instruments, the translation of information in the field, on the basis of publication sites), the scholar will be able to access NIJ researchers at no cost to the fellow. With regard to cooperation agreements, a significant participation is expected between the IJ and the winner.