Contractor: Means an entity that receives a contract from CDPHE to provide goods or services for CDPHE's use or purpose(s). Characterizations of a contractor include, but are not limited to, the following:
Provides goods and services within normal business operations;
Provides similar goods or services to many different purchasers;
Normally operates in a competitive environment;
Provides goods or services that are ancillary to the implementation of a Federal program; and
Is not subject to the compliance requirements of a Federal program as a result of the agreement. However, similar requirements may apply for the other reasons.
Subrecipient: a non-federal entity that receives a subaward from CDPHE to carry out part of a federal program. The following characterizations apply for/to entities classified as subrecipients:
Does not include an individual who is a beneficiary of such a program;
May also be a direct recipient of other Federal awards from a Federal awarding agency;
Subrecipients determine who is eligible to receive what Federal assistance;
Have their performance measured in relation to whether the objectives of a Federal program are met;
Have the responsibility for programmatic decision-making within the allowable confines of federal and state rules and/or contract requirements;
Are responsible for adherence to applicable Federal program requirements specified in the Federal award;
Implements a program for a public purpose specified in the authorizing statute, as opposed to providing goods or services for the benefit of CDPHE.
Subaward: an award provided by CDPHE to a subrecipient for the subrecipient to carry out part of a Federal award which has been received by CDPHE.
May be provided through a CDPHE contract.
Fiscal Compliance Guidance for Recipients of Federal Funds
Contractor/Subrecipient Determination
An entity may concurrently receive Federal awards as a recipient, a subrecipient, and a contractor. CDPHE is responsible for making case-by-case determinations to determine whether the entity receiving Federal funds is a subrecipient or a contractor.
The Federal awarding agency does not have a direct legal relationship with CDPHE subrecipients or contractors; however, the Federal agency is responsible for monitoring CDPHE's oversight of subrecipients.
No single factor or any combination of factors is necessarily determinative of the classifications of entities contracting with CDPHE. CDPHE uses judgment in classifying each agreement as a subaward or a procurement contract. In making this determination, the substance of the relationship is more important than the form of the agreement.
CDPHE is required to monitor subreceipients to ensure federal award requirements are being met, and in compliance with applicable federal regulations.
STI and HIV funded partner fiscal guidance and policies - For all agencies receiving funds from the Office of STI/HIV/VH
