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

Universal Citation: 3 CA Code of Regs 303

Current through Register 2024 Notice Reg. No. 52, December 27, 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.

(b) This section does not preclude grant programs from establishing additional definitions as required by the specific grant program. Additional definitions shall not be inconsistent with this section.

1. New section filed 9-21-2016; operative 1-1-2017. Exempt from Administrative Procedure Act pursuant to Food and Agricultural Code Section 485(d), which provides "Procedures, forms, and guidelines established for these grant programs, including the application process, are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code." (Register 2016, No. 39).

Note: Authority cited: Sections 407 and 485, Food and Agricultural Code. Reference: Sections 201, 401, 401.5, 404 and 485, Food and Agricultural Code; and Section 18901.2, Revenue and Taxation Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.