32 CFR §34.1

1. (a)This part prescribes administrative requirements for awards to for-profit organizations.
2. (b)Applicability to prime awards and subawards is as follows:
   1. (1)Prime awards. DoD Components shall apply the provisions of this part to awards to for-profit organizations. DoD Components shall not impose requirements that are in addition to, or inconsistent with, the requirements provided in this part, except:
      1. (i)In accordance with the deviation procedures or special award conditions in § 34.3 or § 34.4, respectively; or
      2. (ii)As required by Federal statute, Executive order, or Federal regulation implementing a statute or Executive order.
   2. (2)Subawards.
      1. (i)Any legal entity (including any State, local government, university or other nonprofit organization, as well as any for-profit entity) that receives an award from a DoD Component shall apply the provisions of this part to subawards with for-profit organizations. It should be noted that subawards (see definition in § 34.2) are financial assistance for substantive programmatic performance and do not include recipients' procurement of goods and services.
      2. (ii)For-profit organizations that receive prime awards covered by this part shall apply to each subaward the administrative requirements that are applicable to the particular type of subrecipient.