Irvin Heard, Jr. - Page 13

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          The award notice received by petitioner indicated that he would             
          receive a $25,000 stipend in the initial 12-month period and that           
          future support was recommended for two additional budget periods            
          "subject to availability of funds and satisfactory progress".               
          Respondent contends that petitioner's fellowship support beyond             
          the initial 12-month period was not guaranteed pursuant to the              
          preprinted conditions for future support stated in the award                
          notice.  In our view, however, those conditions do not prevent              
          the award from being a firm commitment within the meaning of the            
          proposed regulation.                                                        
               As noted in the regulation itself, a firm commitment to                
          provide support exists "even if the scholarship or fellowship               
          grant is subject to a condition that the recipient remain in good           
          standing or maintain a specific grade point average."  Thus, the            
          requirement that petitioner maintain "satisfactory progress" is             
          clearly addressed by the regulation and does not prevent his                
          award from being considered a firm commitment for support beyond            
          the initial award year.                                                     
               Similarly, the preprinted condition in the award notice                
          indicating that petitioner's future support was "subject to                 
          availability of funds" does not, in our view, preclude us from              
          holding that the award was a firm commitment of support for a               
          period of 2 years and 9 months.  An NIGMS grants management                 
          official indicated at trial that the agency had single fiscal               
          year spending authority and that approval had to be obtained from           




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