ORA issues all outgoing subawards, while JHU Purchasing handles vendor/procurement agreements. When making the determination as to whether your collaborator is a subrecipient or a vendor, the following* should be considered. *The language below originates from the CFR § 200.330
Characteristics which support the classification of the non-Federal entity as a subrecipient include when the non-Federal entity:
(1) Determines who is eligible to receive what Federal assistance
(2) Has its performance measured in relation to whether objectives of a Federal program were met
(3) Has responsibility for programmatic decision making
(4) Is responsible for adherence to applicable Federal program requirements specified in the Federal award
(5) In accordance with its agreement, uses the Federal funds to carry out a program for a public purpose specified in authorizing statute, as opposed to providing goods or services for the benefit of the pass-through entity.
Characteristics indicative of a procurement relationship between the non-Federal entity and a contractor are when the non-Federal entity receiving the Federal funds:
(1) Provides the goods and services within normal business operations
(2) Provides similar goods or services to many different purchasers
(3) Normally operates in a competitive environment
(4) Provides goods or services that are ancillary to the operation of the Federal program
(5) Is not subject to compliance requirements of the Federal program as a result of the agreement, though similar requirements may apply for other reasons.
The Subaward Determination Form, which should be submitted to ORA with your proposal, is found here.
If you still have questions, please consult our handy Subaward vs. Vendor Quick Guide.