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<br /> 4 <br />USDA United States Department of Agriculture <br />1.2 Order of Precedence <br />If there is inconsistency between award provisions, AMS will resolve the issue by giving precedence in the following order: <br />1. Applicable laws and statutes of the United States, including any specific legislative provisions mandated in the statutory <br />authority for the award <br />2. Code of Federal Regulations <br />3. AMS General Terms and Conditions for Grants Agreements <br />4. Agency policy <br />5. Application documents <br />1.3 Definitions <br />AMS aligns its grant term definitions to the maximum extent possible with the Uniform Administrative Requirements, Cost <br />Principles, and Audit Requirements for Federal Awards (2 CFR § 200). Select definitions referenced in this document are <br />highlighted below: <br />• Cost sharing or matching (2 CFR § 200.29) means the portion of project costs not paid by Federal funds. <br />• Federal award (2 CFR § 200.38) means the grant agreement, cooperative agreement, other agreement for assistance, or <br />the cost-reimbursement contract awarded under the Federal Acquisition Regulations setting forth these terms and <br />conditions. <br />• Non-Federal entity (2 CFR § 200.69) means a state, local government, Indian tribe, institution of higher education, or <br />nonprofit organization that carries out the award as a recipient or subrecipient. These award terms are applicable to <br />non-Federal entities. <br />• Period of Performance (2 CFR § 200.77) means the time during which the non-Federal entity may incur new obligations <br />to carry out the work authorized under the Federal award. In addition, the term includes any extension of the end date <br />of the award, such as a no-cost extension authorized by 2 CFR § 200.308, paragraph (d)(2). The period of performance is <br />identified in block 15 of the Grant Agreement Face Sheet (Form AMS-33) and will determine the effective commence <br />date of the award. <br />• Personally Identifiable Information (PII) (2 CFR § 200.79) means information that can be used to distinguish or trace an <br />individual's identity, either alone or when combined with other personal or identifying information that is linked or <br />linkable to a specific individual. Non-PII can become PII whenever additional information is made publicly available, in <br />any medium and from any source, that, when combined with other available information, could be used to identify an <br />individual. <br />• Program income (2 CFR § 200.80) means gross income earned by the non-Federal entity that is directly generated by a <br />supported activity or earned as a result of the Federal award during the period of performance. <br />• Recipient (2 CFR § 200.86) means a non-Federal entity that receives a Federal award directly from a Federal awarding <br />Agency to carry out an activity under a Federal program. The term recipient does not include subrecipients. <br />• Subaward (2 CFR § 200.92) means an award provided by a pass-through entity to a subrecipient for the subrecipient to <br />carry out part of a Federal award received by the pass-through entity. It does not include payments to contractors or to <br />individuals who are beneficiaries of a Federal program. A subaward may be provided through any form of legal <br />agreement, including a contract. <br />• Subrecipient (2 CFR § 200.93) means a non-Federal entity that receives a subaward from a pass-through entity to carry <br />out part of a Federal program; but does not include an individual that is a beneficiary of such program. <br />• Unrecovered indirect cost (2 CFR § 200.306(c)) means the difference between the amount charged to the Federal award <br />and the amount that could have been charged to the Federal award under the potential recipient’s approved <br />negotiated indirect cost rate.