Federal Spending & Regulatory Intelligence
2 CFR — current → proposed redline
Source: Federal Register — NPRM, 91 FR 32198 (May 29, 2026) ↗
current (eCFR 2026-05-27) → proposed (FR 2026-10817)
91 parts amended · 456 sections · kinds {"amended": 403, "added": 52, "removed": 1} · methods {"full_restatement": 375, "paragraph_keyed": 71, "paragraph_tree": 9, "structural": 1}
Parts
Part 1 — ABOUT TITLE 2 OF THE CODE OF FEDERAL REGULATIONS AND SUBTITL (13)
Part 25 — UNIQUE ENTITY IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT (2)
Part 170 — REPORTING SUBAWARD AND EXECUTIVE COMPENSATION INFORMATION (3)
Part 175 — AWARD TERM FOR TRAFFICKING IN PERSONS (1)
Part 180 — OMB GUIDELINES TO AGENCIES ON GOVERNMENT-WIDE DEBARMENT AND (12)
Part 182 — GOVERNMENT-WIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANC (10)
Part 183 — NEVER CONTRACT WITH THE ENEMY (2)
Part 200 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (74)
Part 300 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (3)
Part 376 — NONPROCUREMENT DEBARMENT AND SUSPENSION (6)
Part 382 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) (4)
Part 400 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (2)
Part 417 — NONPROCUREMENT DEBARMENT AND SUSPENSION (5)
Part 421 — REQUIREMENTS FOR DRUG—FREE WORKPLACE (FINANCIAL ASSISTANCE) (4)
Part 600 — THE UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AN (3)
Part 601 — NONPROCUREMENT DEBARMENT AND SUSPENSION (6)
Part 801 — NONPROCUREMENT DEBARMENT AND SUSPENSION (7)
Part 802 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (1)
Part 901 — NONPROCUREMENT DEBARMENT AND SUSPENSION (6)
Part 902 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) (4)
Part 910 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (3)
Part 1000 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (1)
Part 1104 — IMPLEMENTATION OF GOVERNMENTWIDE REGULATION FOR FEDERAL FINA (6)
Part 1120 — AWARD FORMAT FOR DOD GRANTS AND COOPERATIVE AGREEMENTS (1)
Part 1122 — NATIONAL POLICY REQUIREMENTS: GENERAL AWARD TERMS AND CONDIT (1)
Part 1125 — NONPROCUREMENT DEBARMENT AND SUSPENSION (9)
Part 1126 — SUBCHAPTER D OVERVIEW (2)
Part 1200 — NONPROCUREMENT SUSPENSION AND DEBARMENT (6)
Part 1201 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (3)
Part 1326 — NONPROCUREMENT DEBARMENT AND SUSPENSION (9)
Part 1327 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (2)
Part 1329 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) (4)
Part 1400 — NONPROCUREMENT DEBARMENT AND SUSPENSION (6)
Part 1401 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) (4)
Part 1402 — FINANCIAL ASSISTANCE INTERIOR REGULATION, SUPPLEMENTING THE (1)
Part 1500 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (4)
Part 1532 — NONPROCUREMENT DEBARMENT AND SUSPENSION (11)
Part 1536 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) (4)
Part 1600 — NONPROCUREMENT DEBARMENT AND SUSPENSION (5)
Part 1800 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (3)
Part 1880 — NONPROCUREMENT DEBARMENT AND SUSPENSION (7)
Part 1882 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) (1)
Part 1900 — THE UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AN (2)
Part 2000 — NONPROCUREMENT DEBARMENT AND SUSPENSION (8)
Part 2001 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (2)
Part 2200 — NONPROCUREMENT DEBARMENT AND SUSPENSION (7)
Part 2205 — IMPLEMENTATION OF AND EXEMPTIONS TO 2 CFR (2)
Part 2245 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) (4)
Part 2300 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (2)
Part 2336 — NONPROCUREMENT DEBARMENT AND SUSPENSION (7)
Part 2339 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) (4)
Part 2400 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUD (2)
Part 2424 — NONPROCUREMENT DEBARMENT AND SUSPENSION (5)
Part 2429 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) (4)
Part 2500 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (2)
Part 2520 — NONPROCUREMENT DEBARMENT AND SUSPENSION (7)
Part 2600 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (3)
Part 2700 — NONPROCUREMENT DEBARMENT AND SUSPENSION (6)
Part 2701 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (2)
Part 2800 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (2)
Part 2867 — NONPROCUREMENT DEBARMENT AND SUSPENSION (7)
Part 2900 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (12)
Part 2998 — NONPROCUREMENT DEBARMENT AND SUSPENSION (7)
Part 3000 — NONPROCUREMENT DEBARMENT AND SUSPENSION (7)
Part 3001 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) (4)
Part 3002 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (1)
Part 3185 — NONPROCUREMENT DEBARMENT AND SUSPENSION (7)
Part 3186 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) (4)
Part 3187 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (1)
Part 3254 — NONPROCUREMENT DEBARMENT AND SUSPENSION (7)
Part 3255 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (2)
Part 3256 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) (4)
Part 3369 — NONPROCUREMENT DEBARMENT AND SUSPENSION (7)
Part 3373 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) (4)
Part 3374 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (2)
Part 3474 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (2)
Part 3485 — NONPROCUREMENT DEBARMENT AND SUSPENSION (2)
Part 3513 — NONPROCUREMENT DEBARMENT AND SUSPENSION (5)
Part 3603 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (2)
Part 3700 — NONPROCUREMENT DEBARMENT AND SUSPENSION (7)
Part 3701 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (2)
Part 5800 — NONPROCUREMENT DEBARMENT AND SUSPENSION (10)
Part 5801 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (1)
Part 5900 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (2)
Part 6000 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (2)
Part 6100 — THE UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AN (2)
Part 6200 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (2)
Part 6300 — THE UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AN (2)
Part 6400 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (2)
Part 6500 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (2)
Part 6600 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AU (3)
Part 1 — ABOUT TITLE 2 OF THE CODE OF FEDERAL REGULATIONS AND SUBTITLE A
13 amended · kinds {"amended": 12, "added": 1} · methods {"full_restatement": 13}
§ 1.100 Content of this title.amended
method: full_restatement — 0+ / 0−
This title contains: (a) Office of Management and Budget (OMB) guidance regulations applicable to Federal agencies on government-wide Government-wide policies for the award and administration of Federal financial assistance; assistance, including the Uniform Grants Regulation (UGR) at part 200; and (b) Federal agency regulations implementing that or supplementing the OMB guidance. regulations.
§ 1.105 Organization and subtitle content.amended
method: full_restatement — 3+ / 13−
(a) This title is organized into two subtitles. (b) The OMB guidance regulations described in § 1.100(a) is are published in subtitle A. Publication of the OMB guidance in the CFR does not change its nature—it is guidance, not regulation. this subtitle. (c) Each Federal agency that awards Federal financial assistance has a chapter in subtitle B of this title in which it issues those regulations. The the regulations described in § 1.100(b). Federal agency regulations in subtitle B differ in nature from adopt and implement the OMB guidance in subtitle A because the OMB guidance is not regulatory. Federal agency regulations in subtitle B may give regulatory effect to the OMB guidance, to the extent that the agency regulations require compliance with all or portions of the OMB guidance. See also § 1.220. this subtitle.
§ 1.110 Issuing authorities.amended
method: full_restatement — 0+ / 0−
OMB issues this subtitle. Each Federal agency that has a chapter in subtitle B of this title issues that chapter.
§ 1.200 Purpose of chapters I and II.amended
method: full_restatement — 1+ / 1−
Chapters I and II of this subtitle A provide OMB guidance regulations applicable to Federal agencies that helps help to ensure consistent and uniform government-wide policies Government-wide policies, requirements, and procedures for the management of the agencies' Federal financial assistance.
§ 1.205 Applicability to Federal financial assistance.amended
method: full_restatement — 0+ / 0−
The types of instruments that are subject to the guidance regulations in this subtitle vary from one portion of the guidance regulations to another. All portions of the guidance regulations apply to grants and cooperative agreements, and some portions also apply to other types of Federal financial assistance.
§ 1.210 Applicability to Federal agencies and others.amended
method: full_restatement — 0+ / 0−
(a) This subtitle contains guidance regulations that directly applies apply only to Federal agencies. (b) The guidance regulations in this subtitle may affect other entities through each Federal agency's implementation of the guidance, regulations, portions of which may apply to: (1) The agency's awarding or administering officials; (2) Recipients and subrecipients that receive or apply for the agency's Federal financial assistance or receive subawards under grants or cooperative agreements; or (3) Any other entities involved in agency transactions subject to the guidance regulations in this chapter.
§ 1.215 Relationship to previous issuances by OMB.amended
method: full_restatement — 0+ / 4−
Although some of the This subtitle superseded previous OMB guidance was organized differently within issued under certain OMB circulars or and other documents, much of the guidance in this subtitle existed prior documents related to the establishment of title 2 of the CFR. same subject matter.
§ 1.220 Federal agency implementation of this subtitle.amended
method: full_restatement — 2+ / 0−
A Federal agency that awards Federal financial assistance subject to the OMB guidance regulations in this subtitle implements or supplements the guidance OMB regulations in agency regulations in subtitle B of this title and in guidance documents, policy documents, and procedural issuances, such as internal instructions to the agency's awarding and administering officials. An applicant, recipient, or subrecipient would see the effect of that implementation in the organization and content of the agency's announcements of funding opportunities and in its award terms and conditions.
§ 1.221 Alternative implementation of this subtitle by certain Federal agencies.added
method: full_restatement — 121+ / 0−
The Federal agencies listed in this section received approval from OMB to implement the OMB regulations in this subtitle, including part 200, as policy applicable to their Federal awards without establishing agency regulations in subtitle B of this title as described at § 1.220. Like all other Federal agencies, the listed Federal agencies must implement the requirements in this subtitle in their announcements of funding opportunities and the terms and conditions of their Federal awards. The listed Federal agencies are: (a) Denali Commission; (b) Southwest Border Regional Commission (SBRC); (c) Southeast Crescent Regional Commission (SCRC); (d) Appalachian Regional Commission (ARC); (e) Northern Border Regional Commission (NBRC); (f) Federal Permitting Improvement Steering Council; and (g) Export Import Bank of the United States.
§ 1.230 Maintenance of this subtitle.amended
method: full_restatement — 0+ / 0−
OMB issues guidance regulations in this subtitle after publication in the Federal Register. Any portion of the guidance regulations that has a potential impact on the public is published with an opportunity for public comment.
§ 1.231 Severability.amended
method: full_restatement — 0+ / 0−
The provisions of this subtitle are separate and severable from one another. If any provision of this subtitle is held invalid or unenforceable as applied to a particular person or circumstance, the provision should be construed so as to continue to give the maximum effect permitted by law as applied to other persons not similarly situated or to dissimilar circumstances. If any provision is determined to be wholly invalid and unenforceable, it should be severed from the remaining provisions of this subtitle, which should remain in effect.
§ 1.300 OMB responsibilities.amended
method: full_restatement — 2+ / 2−
OMB is responsible for: (a) Issuing and maintaining the guidance regulations in this subtitle, as described in § 1.230; (b) Interpreting the policy requirements in this subtitle; (c) Reviewing Federal agency regulations implementing or supplementing the requirements of this subtitle, as required by Executive Order 12866; (d) Conducting broad oversight of government-wide Government-wide compliance with the guidance regulations in this subtitle; and (e) Performing other OMB functions specified in this subtitle.
§ 1.305 Federal agency responsibilities.amended
method: full_restatement — 0+ / 0−
2. Revise the heading of chapter I to read as follows:
The head of each Federal agency that awards and administers Federal financial assistance subject to the guidance OMB regulations in this subtitle is responsible for: (a) Implementing the guidance regulations in this subtitle; (b) Ensuring that the Federal agency complies with their its implementation of the guidance; OMB regulations; (c) Coordinating with the Council on Federal Financial Assistance, the Grants Quality Service Management Office, and other governance committees as appropriate; and (d) Performing other functions specified in this subtitle.
Part 25 — UNIQUE ENTITY IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT
2 amended · kinds {"amended": 2} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 25.100 Purpose of this part.amended
method: full_restatement — 0+ / 0−
4. Revise § 25.100 to read as follows:
This part provides guidance policies applicable to Federal agencies that: regarding: (a) The unique entity identifier (UEI) (UEI), which is the universal identifier for Federal financial assistance applicants, as well as recipients and their direct subrecipients (first-tier subrecipients), and; subrecipients); and (b) The System for Award Management (SAM.gov) (SAM.gov), which is the repository for standard information about applicants and recipients.
§ 25.200 Requirements for notice of funding opportunities, regulations, and application instructions.amended
method: paragraph_keyed — 0+ / 2−
5. In § 25.200, revise paragraph (a) to read as follows:
6. In appendix A, in paragraph I.(c), revise the definition of “System for Award Management ( SAM.gov )” to read as follows:
(a) amended
(a) A Federal agency that issues Federal financial assistance (see § 25.400) must include the requirements of paragraph (b) of this section in each notice of funding opportunity, regulation, or other issuance containing instructions for applicants that is issued on or after the effective date of this guidance. regulation. A notice of funding opportunity is any paper or electronic issuance that a Federal agency uses to announce a funding opportunity, whether it is called a “program announcement,” “notice of funding availability,” “broad agency announcement,” “research announcement,” “solicitation,” or any other term.
2 unchanged unit(s) elided (* * *)
Part 170 — REPORTING SUBAWARD AND EXECUTIVE COMPENSATION INFORMATION
3 amended · kinds {"amended": 3} · methods {"full_restatement": 1, "paragraph_keyed": 2}
§ 170.100 Purpose of this part.amended
method: full_restatement — 0+ / 0−
8. Revise § 170.100 to read as follows:
This part provides guidance policies applicable to Federal agencies on establishing requirements for recipients of Federal awards to report information on subawards and executive total compensation, as required by the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by the Digital Accountability and Transparency Act of 2014 (Pub. L. 113-101) and other Public Laws, hereafter hereinafter referred to as the “Transparency Act.”
§ 170.200 Federal agency reporting requirements.amended
method: paragraph_keyed — 0+ / 0−
9. In § 170.200, revise paragraph (a) to read as follows:
(a) amended
(a) Federal agencies must publicly report Federal awards that equal or exceed the micro-purchase threshold (see 2 CFR 200.1). Federal agencies must publish the required Federal award information on USAspending.gov in accordance with the guidance policies provided by OMB and the U.S. Department of the Treasury's Government-wide Spending Data Model (GSDM).
1 unchanged unit(s) elided (* * *)
§ 170.210 Requirements for notices of funding opportunities, regulations, and application instructions.amended
method: paragraph_keyed — 0+ / 2−
10. In § 170.210, revise paragraph (a) to read as follows:
11. In appendix A to part 170, revise paragraphs I.(a)(2)(i), I.(b)(2)(i), I.(c)(1)(iii), and I.(c)(2) to read as follows:
(a) amended
(a) A Federal agency that makes Federal awards subject to the Transparency Act must include the requirements of paragraph (b) of this section in each notice of funding opportunity, regulation, or other issuance containing instructions for applicants under which Federal awards may be made that are subject to Transparency Act reporting requirements. A notice of funding opportunity is any paper or electronic issuance that a Federal agency uses to announce a funding opportunity, whether it is called a “program announcement,” “notice of funding availability,” “broad agency announcement,” “research announcement,” “solicitation,” or any other term.
1 unchanged unit(s) elided (* * *)
Part 175 — AWARD TERM FOR TRAFFICKING IN PERSONS
1 amended · kinds {"amended": 1} · methods {"paragraph_keyed": 1}
§ 175.105 Statutory requirement.amended
method: paragraph_keyed — 0+ / 6−
13. In § 175.105, revise paragraph (a) introductory text to read as follows:
(a) amended
(a) Federal agencies are required to include in each Federal grant or cooperative agreement a condition that authorizes the Federal agency to terminate the award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if a private entity receiving funds under the award as a recipient or subrecipient engages in: (1) Severe forms of trafficking in persons; (2) The procurement of a commercial sex act during the period of time that the grant or cooperative agreement is in effect; (3) The use of forced labor in the performance any of the grant or cooperative agreement; or (4) Acts that directly support or advance trafficking activities described in persons, including the following acts: 22 U.S.C. 7104(g) related to human trafficking, including:
4 unchanged unit(s) elided (* * *)
Part 180 — OMB GUIDELINES TO AGENCIES ON GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
12 amended · kinds {"amended": 12} · methods {"full_restatement": 8, "paragraph_keyed": 4}
§ 180.5 What does this part do?amended
method: full_restatement — 0+ / 0−
16. Revise § 180.5 to read as follows:
This part provides guidance for regulatory guidelines applicable to Federal agencies on regarding how to implement the government-wide Government-wide debarment and suspension system for nonprocurement programs and activities.
§ 180.15 To whom does this part apply?amended
method: full_restatement — 0+ / 21−
17. Revise § 180.15 to read as follows:
This part provides guidance regulatory guidelines applicable to Federal agencies. Publication of this guidance in the Code of Federal Regulations (CFR) does not change its nature—it is guidance and not regulation. Federal agencies' implementation of this guidance part governs the rights and responsibilities of other persons affected by the nonprocurement debarment and suspension system.
§ 180.20 What must a Federal agency do to implement these guidelines?amended
method: full_restatement — 0+ / 0−
18. Revise § 180.20 to read as follows:
As Section section 3 of Executive Order 12549 requires, each Federal agency with nonprocurement programs and activities covered by subparts A through I of the guidance this part must issue regulations consistent with those subparts.
§ 180.25 What must a Federal agency address in its implementation of this part?amended
method: paragraph_keyed — 19+ / 172−
19. In § 180.25, revise paragraph (a) and paragraph (b) introductory text to read as follows:
(a) amended
(a) Must establish policies and procedures for that Federal agency's nonprocurement debarment and suspension programs and activities consistent with this guidance. part. When adopted by a Federal agency, the provisions of the guidance have this part has a regulatory effect on that Federal agency's programs and activities. Federal agencies must not deviate from the requirements of this part on matters for which discretion is not provided.
(b) amended
(b) Must address some matters for which these guidelines give this part gives each Federal agency some discretion. Specifically, the regulation must: (1) Identify either the Federal agency head or the title of the designated official who is authorized to grant exceptions under § 180.135 to let an excluded person participate in a covered transaction. (2) State whether the Federal agency includes as covered transactions an additional tier of contracts awarded under covered nonprocurement transactions, as permitted under § 180.220(c). (3) Identify the method(s) a Federal agency official may use when entering into a covered transaction with a primary tier participant to communicate to the participant the requirements described in § 180.435. Examples of methods are an award term that requires compliance as a condition of the award, an assurance of compliance obtained at the time of application, or a certification. (4) State whether the Federal agency specifies a particular method that participants must use to communicate compliance requirements to lower tier participants, as described in § 180.330(a). If there is a specified method, the regulation must require Federal agency officials to communicate that requirement when entering into covered transactions with primary tier participants.
1 unchanged unit(s) elided (* * *)
§ 180.150 Against whom may a Federal agency take an exclusion action?amended
method: full_restatement — 0+ / 0−
20. Revise § 180.150 to read as follows:
Given a cause that justifies an exclusion under this part, a Federal agency may exclude any person who has been, is, or may reasonably be expected to be be, a participant or principal in a covered transaction.
§ 180.215 Which nonprocurement transactions are not covered transactions?amended
method: paragraph_keyed — 0+ / 0−
21. In § 180.215, revise paragraph (h) to read as follows:
(h) amended
(h) Notwithstanding paragraph (a) of this section, covered transactions must include non-procurement and procurement transactions involving entities engaged in activity that contributed to or is a significant factor in a country's non-compliance with its obligations under arms control, nonproliferation or disarmament agreements, or commitments with the United States. Federal agencies and primary tier non-procurement recipients must not award, renew, or extend a non-procurement transaction or procurement transaction, regardless of amount or tier, with any entity listed in SAM.gov Exclusions on the basis of involvement in activities that violate arms control, nonproliferation or disarmament agreements, or commitments with the United States (see section 1290 of the National Defense Authorization Act for Fiscal Year 2017). The head of a Federal agency may grant an exception to this the requirement under 2 CFR 180.135 this section only if the exception is: (1) Made in accordance with § 180.135; and with the concurrence of the (2) The OMB Director. Director provides concurrence.
7 unchanged unit(s) elided (* * *)
§ 180.530 Where can I find SAM.gov Exclusions?amended
method: full_restatement — 0+ / 0−
22. Revise § 180.530 to read as follows:
You may access SAM.gov Exclusions through the internet, currently at https://www.sam.gov. SAM.gov.
§ 180.620 Do Federal agencies coordinate suspension and debarment actions?amended
method: full_restatement — 0+ / 0−
23. Revise § 180.620 to read as follows:
Yes, when Yes. When more than one Federal agency has an interest in a suspension or debarment, the agencies may consider designating one Federal agency as the lead agency for making the decision. Agencies are encouraged to establish methods and procedures for coordinating their suspension and debarment actions.
§ 180.745 How is fact-finding conducted?amended
method: paragraph_keyed — 0+ / 0−
24. In § 180.745, revise paragraph (b) to read as follows:
(b) amended
(b) A transcribed record of fact-finding proceedings must be made, unless you, as a respondent, and the Federal agency agree to waive it in advance. If you want a copy of the transcribed record, you may purchase it. it and the Federal agency must provide it to you within five business days.
1 unchanged unit(s) elided (* * *)
§ 180.840 How is fact-finding conducted?amended
method: paragraph_keyed — 0+ / 0−
25. In § 180.840, revise paragraph (b) to read as follows:
(b) amended
(b) A transcribed record of fact-finding proceedings must be made unless you, as a respondent, and the Federal agency agree to waive it in advance. If you want a copy of the transcribed record, you may purchase it. it and the Federal agency must provide it to you within five business days.
1 unchanged unit(s) elided (* * *)
§ 180.915 Civil judgment.amended
method: full_restatement — 0+ / 0−
26. Revise § 180.915 to read as follows:
Civil judgment means the disposition of a civil action by any court of competent jurisdiction, whether by verdict, decision, settlement, stipulation, or other disposition which creates a civil liability for the complained of wrongful acts or a final determination of liability under the Program Fraud Civil Remedies Administrative False Claims Act of 1986 2023 (31 U.S.C. 3801-3812).
§ 180.965 Legal proceedings.amended
method: full_restatement — 0+ / 0−
27. Revise § 180.965 to read as follows:
Legal proceeding means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Administrative False Claims Act of 1986 2023 (31 U.S.C. 3801-3812), to which the Federal Government or a State or local government or quasi-governmental authority is a party. The term also includes appeals from those proceedings.
Part 182 — GOVERNMENT-WIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)
10 amended · kinds {"amended": 10} · methods {"full_restatement": 7, "paragraph_keyed": 2, "paragraph_tree": 1}
§ 182.5 What does this part do?amended
method: full_restatement — 0+ / 0−
29. Revise § 182.5 to read as follows:
This part provides guidance for regulations applicable to Federal agencies on the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 8101-8106, as amended) that applies to grants. It also applies the provisions of the Act to cooperative agreements and other financial assistance awards, as a matter of Federal Government policy.
§ 182.15 To whom does this part apply?amended
method: full_restatement — 0+ / 21−
30. Revise § 182.15 to read as follows:
This part provides guidance regulations applicable to Federal agencies. Publication of this guidance in the Code of Federal Regulations (CFR) does not change its nature—it is guidance and not regulation. Federal agencies' implementation of this guidance part governs the rights and responsibilities of other persons affected by the drug-free workplace requirements.
§ 182.20 What must a Federal agency do to implement this part?amended
method: full_restatement — 0+ / 0−
31. Revise § 182.20 to read as follows:
To comply with the requirement in 41 U.S.C. 8106 for government-wide Government-wide regulations, each Federal agency that awards grants or cooperative agreements or makes other financial assistance awards that are subject to the drug-free workplace requirements in subparts A through F of the guidance this part must issue a regulation consistent with those subparts.
§ 182.25 What must a Federal agency address in its implementation of this part?amended
method: paragraph_keyed — 19+ / 9−
32. In § 182.25, revise paragraphs (a), (b) introductory text, and (c) to read as follows:
(a) amended
(a) Must establish drug-free workplace policies and procedures for that Federal agency's Federal awards consistent with this guidance. part. When adopted by a Federal agency, the provisions of the guidance have this part has a regulatory effect on that Federal agency's awards. Federal agencies must not deviate from the requirements of this part on matters for which discretion is not provided.
(b) amended
(b) Must address some matters for which the guidance in this part gives the Federal agency discretion. Specifically, the regulation must: (1) State whether the Federal agency:
(c) amended
(c) May also, at the Federal agency's option, identify any specific types of financial assistance awards, in addition to grants and cooperative agreements, to which the Federal agency makes this guidance part applicable.
1 unchanged unit(s) elided (* * *)
§ 182.30 Where does a Federal agency implement this part?amended
method: full_restatement — 0+ / 0−
33. Revise § 182.30 to read as follows:
Each Federal agency that awards grants or cooperative agreements or makes other financial assistance awards that are subject to the drug-free workplace guidance regulation in this part must issue a regulation implementing the guidance policy within its chapter in subtitle B of this title of the Code of Federal Regulations. title.
§ 182.40 How is this part maintained?amended
method: full_restatement — 0+ / 0−
34. Revise § 182.40 to read as follows:
The OMB publishes proposed changes to the guidance this part in the Federal Register for public comment, considers comments with the help of appropriate interagency working groups, and then issues any changes to the guidance this part in final form.
§ 182.300 What must I do to comply with this part if I am an individual recipient?amended
method: paragraph_tree — 0+ / 0−
35. In § 182.300, revise paragraph (b)(3) to read as follows:
(b)(3) amended
(3) To the Federal agency awarding official or their designee for each Federal award that you currently have, unless the agency designates a central point for the receipt of the notices, either in the award document or its regulation implementing the guidance regulation in this part. When notice is made to a central point, it must include the identification number(s) of each affected Federal award.
§ 182.510 What actions will the Federal Government take against a recipient determined to have violated this part?amended
method: paragraph_keyed — 0+ / 0−
36. In § 182.510, revise paragraph (c) to read as follows:
(c) amended
(c) Suspension or debarment of the recipient under the Federal agency's regulation implementing the OMB guidance regulation on nonprocurement debarment and suspension (2 CFR part 180) for a period not to exceed five years.
2 unchanged unit(s) elided (* * *)
§ 182.630 Debarment.amended
method: full_restatement — 0+ / 0−
37. In § 182.630, revise the section to read as follows:
Debarment means an action taken by a Federal agency to prohibit a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions. A recipient so prohibited is debarred, in accordance with the Federal Acquisition Regulation for procurement contracts (48 CFR part 9, subpart 9.4) and Federal agency regulations implementing the OMB guidance regulation on nonprocurement debarment and suspension (2 CFR part 180, which implements Executive Orders 12549 and 12689).
§ 182.670 Suspension.amended
method: full_restatement — 0+ / 0−
38. Revise § 182.670 to read as follows:
Suspension means an action taken by a Federal agency that immediately prohibits a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions for a temporary period, pending completion of an investigation and any judicial or administrative proceedings that may ensue. A recipient so prohibited is suspended in accordance with the Federal Acquisition Regulation for procurement contracts (48 CFR part 9, subpart 9.4) and Federal agency regulations implementing the OMB guidance regulation on nonprocurement debarment and suspension (2 CFR part 180, which implements Executive Orders 12549 and 12689). Suspension of a recipient is a distinct and separate action from suspension of an award or suspension of payments under an award.
Part 183 — NEVER CONTRACT WITH THE ENEMY
2 amended · kinds {"amended": 2} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 183.5 Purpose of this part.amended
method: full_restatement — 0+ / 0−
40. Revise § 183.5 to read as follows:
This part provides guidance regulations applicable to Federal agencies on the implementation of the Never Contract with the Enemy requirements applicable to certain grants and cooperative agreements, as specified in subtitle E, title VIII of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015 (Pub. L. 113-291), as amended by Sec. sec. 820 of the National Defense Authorization Act for Fiscal Year 2023 (Pub. L. 117-263), hereafter hereinafter cited as “Never Contract with the Enemy”). Enemy”.
§ 183.35 Definitions.amended
method: paragraph_keyed — 9+ / 0−
41. In § 183.35, revise the definition of “Covered combatant command” to read as follows:
Covered combatant added
Covered combatant command is defined in Pub. L. 113-291.
4 unchanged unit(s) elided (* * *)
Part 200 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
74 amended · kinds {"amended": 70, "added": 4} · methods {"paragraph_keyed": 31, "paragraph_tree": 8, "full_restatement": 35}
§ 200.1 Definitions.amended
method: paragraph_keyed — 150+ / 217−
43. In § 200.1:
a. Revise the definitions for “Compliance supplement” and “Federal award date”;
b. Remove the definition for “Fixed amount award”;
c. Revise the definitions of “Improper payment”, “Notice of funding opportunity”, and “Personally Identifiable Information (PII)”;
d. Remove the definition for “Protected Personally Identifiable Information (Protected PII)”; and
e. Revise the definition of “Unobligated balance”.
Compliance supplement amended
Compliance supplement means an annually updated authoritative source of information for auditors that identifies existing important compliance requirements that the Federal Government expects to be considered as part of an audit. Auditors use it to understand the Federal program's objectives, procedures, and compliance requirements, as well as audit objectives and suggested audit procedures for determining compliance with the relevant Federal program.
Federal award date amended
Federal award date means the date when the authorized official of the Federal agency signed agency: (1) Signed (physically or digitally) the Federal award; or (2) Obligated the Federal award or when an alternative, by alternative means consistent with the requirements of 31 U.S.C. 1501, is reached with the recipient. 1501.
Improper payment amended
Improper payment means a payment that should not have been made or that was made in an incorrect amount under statutory, contractual, administrative, or other legally applicable requirements. The term improper payment includes: any payment to an ineligible recipient; any payment for an ineligible good or service; any duplicate payment; any payment for a good or service not received, except for those payments where authorized by law; any payment that is not authorized by law; and any payment that does not account for credit for applicable discounts. See OMB Circular A-123 Appendix C, Requirements for Payment Integrity Improvement Improvement, for additional definitions and guidance on the requirements for payment integrity.
Notice of funding opportunity (NOFO) added
Notice of funding opportunity (NOFO) means a formal announcement of the availability of Federal funding through a financial assistance program from a Federal agency. The notice of funding opportunity provides information on the award, such as who is eligible to apply, the evaluation criteria for selecting a recipient or subrecipient, the required components of an application, and how to submit the application. The notice of funding opportunity is any electronic issuance that an agency uses to announce a funding opportunity, whether it is called a “program announcement,” “notice of funding availability,” “broad agency announcement,” “research announcement,” “solicitation,” or some other term.
Personally Identifiable Information (PII) amended
Personally Identifiable Information (PII) means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual. Some PII is available in public sources such as telephone books, websites, and university listings. The definition of PII is not attached to any single category of information or technology. Instead, it requires a case-by-case assessment of the specific risk that an individual can be identified. Non-PII can become PII whenever additional information is made publicly available, in any medium and from any source, that could be used to identify an individual when combined with other available information.
Unobligated balance amended
Unobligated balance means the amount of funds under a Federal award that the recipient or subrecipient has not obligated. For purposes of this definition, “obligated” means funds that the recipient or subrecipient has legally committed through actions such as placing an order, awarding a contract or subaward, or otherwise incurring a liability for which payment will be due. The amount of an unobligated balance is computed by subtracting the cumulative amount of the recipient's or subrecipient's unliquidated financial obligations and expenditures under the Federal award from the cumulative amount of funds the Federal agency or pass-through entity authorized the recipient or subrecipient to obligate.
Fixed amount award removed
Fixed amount award means a type of grant or cooperative agreement pursuant to which the Federal agency or pass-through entity provides a specific amount of funding without regard to actual costs incurred under the Federal award. This type of Federal award reduces some of the administrative burden and record-keeping requirements for both the recipient or subrecipient and the Federal agency or pass-through entity. Accountability is based primarily on performance and results. See §§ 200.102(c), 200.101(b), 200.201(b), and 200.333.
Protected Personally Identifiable Information (Protected PII) removed
Protected Personally Identifiable Information (Protected PII) means PII (see definition in this section), except for PII that must be disclosed by law. Examples of PII include, but are not limited to, social security number; passport number; credit card numbers; clearances, bank numbers; biometrics; date and place of birth; mother's maiden name; criminal, medical and financial records; and educational transcripts.
99 unchanged unit(s) elided (* * *)
§ 200.101 Applicability.amended
method: paragraph_tree — 261+ / 168−
44. In § 200.101, revise paragraphs (b)(3)(ii), (b)(4), (b)(5)(i), (c)(2), (d), and (f) introductory text to read as follows:
(b)(3)(ii) amended
(ii) Section 200.216 (Prohibition on of certain telecommunications equipment, services, and video surveillance equipment or services) systems) applies to loans and grants (see Pub. L. 115-232, Div. A, Title VIII, § sec. 889, as amended); and
(b)(4) amended
(4) Subpart E (Cost Principles) applies to grants and cooperative agreements, but does not apply to the following:
(b)(4)(i) amended
(i) Food commodities provided through grants and cooperative agreements;
(b)(4)(ii) amended
(ii) Fixed amount awards, except Agreements for §§ 200.400(g), 200.402 through 200.405, loans, loan guarantees, interest subsidies, and 200.407(d), which do apply; insurance; and
(b)(4)(iii) amended
(iii) Agreements for loans, loan guarantees, interest subsidies, and insurance; and Federal awards to hospitals (see Appendix IX—Hospital Cost Principles).
(b)(5)(i) amended
(i) Grants and cooperative agreements (including fixed amount awards); agreements;
(c)(2) added
(2) Cost-reimbursement contract under the FAR awarded to a non-Federal entity. When a non-Federal entity is awarded a cost-reimbursement contract under the FAR, only subpart D, §§ 200.331 through 200.333, and subparts E and F are applicable. See 48 CFR 16.301-2.
(d) amended
(d) Governing provisions. provisions in cases of conflict— (1) Statutory conflicts. With the exception of subpart F, which is required by the Single Audit Act, Federal statutes or regulations govern in any circumstances where they conflict with the provisions of this part. For agreements with Indian Tribes, this includes the provisions of the Indian Self-Determination and Education and Assistance Act (ISDEAA), as amended (see 25 U.S.C. 5301-5423).
(d)(2) added
(2) Regulatory conflicts. In the case of a Federal regulation that conflicts with the provisions of this part but that is not required by a Federal statute, once a Federal agency has issued regulations adopting the OMB regulations in this part, the following provisions of this part will govern in any circumstances where they conflict with the other regulatory provision: all sections in subpart F and § 200.340 in subpart D. See also § 200.106(a) regarding the process for issuing codified exceptions under this title. For other non-statutory conflicts involving a policy in a Federal regulation, once a Federal agency has issued regulations adopting the OMB regulations in this part, the Federal agency should apply the Government-wide policies in this part to the greatest extent permitted by law. If a Federal agency is aware of regulatory conflicts that could potentially affect activities under a Federal program or Federal award, the agency should clarify which provisions govern in funding opportunities and Federal award documents. Unless prohibited by statute, as a default presumption, a Federal agency should generally apply the government-wide policies in this part if it can do so consistent with law. Federal agencies should work to resolve any such regulatory conflicts consistent with their rulemaking authorities; applicable provisions of this part, such as §§ 200.102, 200.106, and 200.110; or both.
(f) amended
(f) Additional program applicability. Except for §§ 200.203 and 200.216, the guidance regulation in subpart C does not apply to the following programs:
(b)(4)(iv) removed
(iv) Federal awards to hospitals (see Appendix IX—Hospital Cost Principles).
(f)(1) removed
(1) Entitlement Federal awards to carry out the following programs of the Social Security Act:
(f)(2) removed
(2) A Federal award for an experimental, pilot, or demonstration project that is also supported by a Federal award listed in paragraph (f)(1) of this section.
(f)(3) removed
(3) Federal awards under subsection 412(e) of the Immigration and Nationality Act and subsection 501(a) of the Refugee Education Assistance Act of 1980 (Pub. L. 96-422, 94 Stat. 1809), for cash assistance, medical assistance, and supplemental security income benefits to refugees and entrants and the administrative costs of providing the assistance and benefits (8 U.S.C. 1522(e)).
(f)(4) removed
(4) Entitlement awards under the following programs of The National School Lunch Act:
(f)(5) removed
(5) Entitlement awards under the following programs of The Child Nutrition Act of 1966:
(f)(6) removed
(6) Entitlement awards for State Administrative Expenses under The Food and Nutrition Act of 2008 (Section 16 of the Act, 7 U.S.C. 2025).
(f)(7) removed
(7) Non-discretionary Federal awards under the following non-entitlement programs:
§ 200.102 Exceptions.amended
method: paragraph_keyed — 6+ / 28−
45. In § 200.102, revise paragraphs (b) and (c) to read as follows:
(b) amended
(b) Statutory and regulatory exceptions. A Except for subpart F of this part, and subject to § 200.101(d), a Federal agency may adjust requirements applicable to a class of Federal awards, recipients, or subrecipients when required by Federal statutes or regulations, except for the requirements in subpart F. regulations. Except for provisions in subpart F, when a Federal statute requires exceptions to requirements of this part for a class of Federal awards, recipients, or subrecipients, a Federal agency does not need OMB approval to allow those exceptions. See also § 200.106.
(c) amended
(c) Federal agency exceptions. Federal agencies may allow exceptions to requirements of this part on a case-by-case basis for individual Federal awards, recipients, or subrecipients, except when the exceptions are prohibited by law or other approval is expressly required by this part. See, for example, § 200.340. Only the cognizant agency for indirect costs may authorize exceptions related to cost allocation plans or indirect cost rate proposals. A Federal agency may also apply less restrictive requirements when issuing fixed amount awards (see § 200.1), except for those requirements imposed by statute or in subpart F.
1 unchanged unit(s) elided (* * *)
§ 200.106 Agency implementation and responsibilities.amended
method: full_restatement — 71+ / 0−
46. Revise § 200.106 to read as follows:
(a) Agency implementation of this part. The specific requirements and responsibilities of Federal agencies, non-Federal entities, recipients, and subrecipients are set forth in this part. Federal agencies making Federal awards to non-Federal entities must implement the language in subparts C A through F of this part in codified regulations unless different provisions are required by Federal statute or are approved by OMB. (b) Agency responsibilities. Through adoption of this part in codified regulations, unless different provisions are required by Federal statute or are approved by OMB, Federal agencies are responsible for implementing: (1) The language in subparts A through F of this part; and (2) Other applicable requirements for Federal awards in parts 25, 170, 175, 180, 182, 183, and 184 of chapter I of this subtitle.
§ 200.108 Inquiries.amended
method: full_restatement — 0+ / 0−
47. Revise § 200.108 to read as follows:
Inquiries from Federal agencies concerning this part may be directed to OMB. Inquiries from recipients or subrecipients should be addressed to the Federal agency, the cognizant agency for indirect costs, the cognizant agency for audit, or the pass-through entity entity, as appropriate.
§ 200.110 Effective date.amended
method: paragraph_keyed — 84+ / 0−
48. In § 200.110, revise paragraph (a) to read as follows:
(a) amended
(a) The Government-wide standards set forth in this part affecting the administration of Federal awards by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this part becomes final. Thus, once Federal agencies have issued regulations in subtitle B of this title adopting the OMB regulations in this part, the process for future updates of regulations in subtitle B will be complete each time OMB issues a final rule amending this part. If required by Federal statute or otherwise approved by OMB, Federal agencies remain permitted to amend their regulations in subtitle B to make agency-specific additions, clarifications, or exceptions to the Government-wide policies and procedures in this part. See § 200.106(a).
1 unchanged unit(s) elided (* * *)
§ 200.111 English language.amended
method: full_restatement — 0+ / 185−
49. Revise § 200.111 to read as follows:
(a) All Federal financial assistance announcements, applications, and Federal award information should must be in the English language and must be in terms of U.S. dollars. However, Federal agencies, recipients, and subrecipients may issue or translate a Federal award or other documents into another language. A Federal agency may translate formal or informal announcements of the availability of Federal funding through a financial assistance program, such as a notice of funding opportunity, when translations may serve to increase the pool of applicants or the participation of a specific community (for example, programs administered in foreign countries where the primary language is not English). Federal agencies must maintain an official controlling English version of the Federal financial assistance announcement and the Federal award, including the terms and conditions.(b) Applications, reports, and official correspondence may be submitted in languages other than English if specified in the notice of funding opportunity or the terms and conditions of the Federal award. (c) In the event of inconsistency between English and another language, the English language meaning will control. When a significant portion of the recipient's or subrecipient's employees administering a Federal award are not fluent in English, the Federal award should be provided in English and the language(s) with which employees are more familiar.
§ 200.112 Conflict of interest.amended
method: full_restatement — 62+ / 0−
50. Revise § 200.112 to read as follows:
Federal agencies must establish conflict of interest policies for Federal awards. A recipient or subrecipient must disclose in writing any potential conflict of interest to the Federal agency or pass-through entity in accordance with the established Federal agency policies. A recipient or subrecipient must also disclose whether any employees who worked on an application for, or proposal in support of, a resulting Federal award, or are anticipated to work on activities under the Federal award, were employed by the awarding Federal agency during the preceding two years prior to application submission. This disclosure must be provided to agencies for informational purposes.
§ 200.113 Mandatory disclosures.amended
method: full_restatement — 31+ / 0−
51. Revise § 200.113 to read as follows:
An applicant, recipient, or subrecipient of a Federal award must promptly disclose whenever, in connection with the Federal award (including any activities or subawards thereunder), it has credible evidence of the commission of a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title title 18 of the United States Code or a violation of the Federal civil False Claims Act (31 U.S.C. 3729-3733). The disclosure must be made in writing to the Federal agency, the agency's Office of Inspector General, and pass-through entity (if applicable). Recipients and subrecipients are also required to report matters related to recipient integrity and performance in accordance with Appendix appendix XII of to this part. Failure to make required disclosures can result in any of the remedies administrative actions described in § 200.339. (See also 2 CFR part 180, 31 U.S.C. 3321, 3354, and 41 U.S.C. 2313.) Any such disclosures made to the agency's office of Inspector General must be transmitted to the United States Attorney's Office for the District of Columbia within ten days of receipt.
§ 200.201 Use of grants, cooperative agreements, and contracts.amended
method: full_restatement — 37+ / 55−
52. Revise § 200.201 to read as follows:
(a) Federal awards. The Federal agency or pass-through entity must decide on the appropriate type of agreement for a Federal award (for example, a grant, cooperative agreement, subaward, or contract) in accordance with this guidance. regulation. See the Federal Grant and Cooperative Agreement Act (31 U.S.C. 6301-6309). See § 200.332 for information applicable to pass-through entities. (b) Fixed amount awards. Fixed amount awards are not permitted unless otherwise authorized by Federal statute. The term fixed amount award means a type of grant or cooperative agreement in which the Federal agency or pass-through pass- through entity (see § 200.333) may use fixed amount awards (see the definition of fixed amount awards in § 200.1) for which the following conditions apply: (1) The Federal award amount is negotiated using the cost principles (or other pricing information) as provides a guide. See § 200.101(b)(4)(ii) for further information on which provisions in subpart E (cost principles) apply to fixed amount awards. The Federal agency or pass-through entity may use fixed amount awards if the project scope has measurable goals and objectives and if accurate cost, historical, or unit pricing data is available to establish a fixed budget based on a reasonable estimate of actual costs. Budgets for fixed amount awards are negotiated with the recipient or subrecipient and the total specific amount of Federal funding is determined in accordance with the recipient's or subrecipient's proposal, available pricing data, and subpart E. Accountability must be based on performance and results, which can be communicated in performance reports or through routine monitoring. There is no expected routine monitoring of the without regard to actual costs incurred by the recipient or subrecipient under the Federal award. Therefore, no financial reporting is required. This does not absolve the recipient or subrecipient from the record retention requirements contained in §§ 200.334 through 200.338; nor does it absolve the recipient or subrecipient of the responsibilities of making records available for review during an audit. See also § 200.101(b)(5)(i). Payments must be based on meeting specific requirements of the Federal award. Some of the ways in 200.333 regarding fixed amount subawards, which the Federal award may be paid include, but also are not limited to: (i) In several partial payments. The amount of each payment as well as the “milestone” or event triggering the payment, should be agreed to in advance and included in the Federal award; (ii) On a unit price basis. The defined unit(s) or price(s) should be agreed to in advance and included in the Federal award; or (iii) In one payment at the completion of the Federal award. (2) A fixed amount award must not be used in programs that require cost sharing. (3) A fixed amount award may generate and use program income in accordance with the terms and conditions of the Federal award; however, the requirements of § 200.307 do not apply. (4) At the end of a fixed amount award, the recipient or subrecipient must certify in writing to the Federal agency or pass-through entity that the project was completed as agreed to in the Federal award, or identify those activities that were not completed, and that all expenditures were incurred in accordance with § 200.403. When the required activities were not carried out, including fixed amount awards paid on a unit price basis under 200.201(b)(1)(ii), the amount of the Federal award must be reduced by the amount that reflects the activities that were not completed in accordance with the Federal award. When the required activities were completed in accordance with the terms and conditions of the Federal award, the recipient or subrecipient is entitled to any unexpended funds. (5) Periodic reports may be established for fixed amount awards. (6) Prior approval requirements that apply to fixed amount awards are § 200.308(f) (paragraphs 1 through 3, 6 through 8, and 10) and § 200.333. permitted.
§ 200.202 Program planning and design.amended
method: paragraph_keyed — 767+ / 0−
53. In § 200.202:
a. Revise paragraphs (a) introductory text, (a)(1), and (b); and
b. Add paragraphs (c) through (g).
(a) amended
(a) Elements of program design. The Federal agency must design a Federal program and create an Assistance Listing before announcing the Notice of Funding Opportunity. A Federal program must be designed: (1) With clear goals and objectives that provide meaningful results and be consistent with the Federal authorizing legislation of the program; (2) To measure performance based on the goals and objectives developed during program planning and design. Performance measures may differ depending on the type of program. See § 200.301 for more information on performance measurement; (3) To align with the strategic goals and objectives within the Federal agency's performance plan and support the Federal agency's performance measurement, management, customer service initiatives, and reporting as required by Part 6 of OMB Circular A-11 (Preparation, Submission, and Execution of the Budget); (4) To align with the Program Management Improvement Accountability Act (Pub. L. 114-264) as well as the Foundations for Evidence-Based Policymaking Act (Pub. L. 115-435), as applicable; and (5) To encourage applicants to engage, when practicable, during the design phase, members of the community that will benefit from or be impacted by a program. that:
(i) added
(i) Aim to achieve meaningful results; (ii) Are consistent with the public purpose of the program as authorized by law; and (iii) Align with administration policies and priorities;
(b) amended
(b) Other considerations. Federal agencies should develop Federal programs in consultation with communities benefiting from or impacted by the program. In addition, Federal agencies should consider available data, evidence, and evaluation results from past programs and make every effort to extend eligibility requirements to all potential applicants. Federal agencies are encouraged to coordinate with other agencies during program planning and design, particularly when the goals and objectives of a program or project align with those of other agencies.
(c) added
(c) Limitations on authorized use of Federal program funds. Federal agencies must develop Federal programs and implement activities under those programs in a manner that ensures compliance with all applicable restrictions on the use of Federal funds, including ensuring that Federal program funds are only used for public purposes of support authorized by law. For example, Federal agencies must ensure that Federal program funds are not used to promote, subsidize, or support political activities or initiatives unrelated to authorized public purposes, such as political advocacy, lobbying, or any attempt to influence legislation, elections, or government officials. Federal programs should be developed to avoid even the appearance of supporting such prohibited activities to ensure that all activities performed under Federal awards are authorized by law.
(d) added
(d) Eligibility of nonprofit organizations. To the extent permitted by law, when a Federal agency determines it is necessary to restrict eligibility among different types of nonprofit organizations, the notice of funding opportunity must specify the applicable Internal Revenue Code designation for eligible nonprofit organizations (for example, 501(c)(3) organizations) and expressly state that other types of nonprofit organizations not specifically identified are ineligible (for example, 501(c)(4) organizations). When eligibility is restricted among different types of nonprofit organizations, the Federal agency is not required to list every type of ineligible organization, but should ensure that eligibility information is sufficiently clear for prospective applicants. Federal agencies should consider exercising such discretion when warranted by statute, program objectives, or risk considerations.
(e) added
(e) Eligibility of entities for research and development awards. (1) To the extent permitted by law, Federal awards for research and development must be made to entities that are organized under the laws of the United States, a State, or Tribal government. Federal agencies may not issue Federal awards for research and development to foreign entities except where expressly authorized by statute or where a compelling interest exists for the agency's mission, the administration's priorities, and for the United States, as determined by the agency's senior appointee. (2) When designing research and development programs, and evaluating applications, Federal agencies must apply a domestic-first framework, under which international elements may be included only if the Federal agency determines that such elements are justified, consistent with program objectives, and in the national interest of the United States. (3) Federal agencies should consider, as applicable, the following factors when determining whether an international element is warranted:
(i) added
(i) The extent to which the proposed international element is necessary to achieve the scientific or technical objectives of the project and is integral to the scientific rationale of the program. (ii) The extent to which the international element provides access to unique expertise, facilities, data, study populations, environmental conditions, or other resources that are not reasonably available within the United States. (iii) The likelihood that the proposed international element will enhance the scientific enterprise of the United States, including through the development of new knowledge, methodologies, technologies, or collaborative networks that can be applied domestically. (iv) The adequacy of the facilities, equipment, personnel, and administrative capacity at the international site, or of any foreign entities that would perform work, to carry out the proposed scope of work under the Federal award at a level comparable to that of a domestic recipient performing similar activities. (4) Nothing in this paragraph (e) prohibits the participation of foreign entities as subrecipients or contractors under a research and development award made to an eligible U.S. entity. (5) For the purposes of this section, international elements may include performance of activities under the Federal award outside of the United States or by a foreign entity.
(f) added
(f) Multi-year awards. When consistent with program objectives, and subject to restrictions in law, Federal agencies are encouraged to design Federal programs to allow for multi-year awards with budget periods longer than one year, rather than issuing separate notices of funding opportunities on an annual basis. Such Federal awards must be designed to comply with all applicable funding limitations and must not be administered in a manner that would result in a violation of the Antideficiency Act.
(g) added
(g) Awards for scientific research. Federal agencies that issue Federal financial assistance for scientific research must categorize those awards as basic research, applied research, and experimental development consistent with the definitions in OMB Circular A-11. This categorization must be communicated to the recipient and included in the terms and conditions of the Federal award. See § 200.211(d).
§ 200.204 Notices of funding opportunities.amended
method: full_restatement — 190+ / 7−
54. Revise § 200.204 to read as follows:
(a) In general. The Federal agency must publicly announce specific funding opportunities for all discretionary awards. As appropriate and consistent with authorizing law, funding opportunities may allow for open competition, limited competition, or selection on a non-competitive basis. See the definition of discretionary award in § 200.1. In developing notices of funding opportunities (NOFOs) for discretionary awards, Federal financial assistance agencies must: (1) Post the NOFO on Grants.gov. A Federal agency head (or designee) may approve exceptions to this requirement when the agency determines that will be openly competed. publicly announcing an opportunity would pose a risk to national security or is in the national interest of the United States. The term openly competed means opportunities that are not directed Federal agency may either post the entire notice or a link to one the entire notice; (2) Require applicants to apply using Grants.gov, unless a program specific exception is expressly authorized by Federal statute or more specifically identified applicants. To the extent possible, approved by the Federal agency should communicate opportunities to head (or designee); (3) Write the public NOFO in plain language to ensure the announcement is accessible to diverse communities of eligible applicants, including underserved communities. language. The Federal agency should also must make efforts to limit the length and complexity of the announcement NOFO and only include the information that is necessary for the effective communication of the program objectives. The Federal agency must not require the applicant to employ technical or legal consultants to complete an application in response to the NOFO. A NOFO should be drafted to reasonably allow for all applicants to compete and succeed against institutions that have historically received consecutive awards in prior years; (4) Follow the policy in § 200.111; and (5) Make every effort to identify all eligible applicants in the notice. (b) Pre-application technical assistance. Federal agencies may offer pre-application technical assistance or provide clarifying information for funding opportunities. However, Federal agencies must ensure these resources are made accessible and widely available to all potential applicants (for example, by posting answers to questions and requests on Grants.gov). The (c) Statement of Interest (SOI). When a Federal agency should make every effort anticipates receiving a large volume of applications, or where proposals are expected to identify be long and complex, the agency is strongly encouraged to request a Statement of Interest (SOI) as part of the notice of funding opportunity. A SOI is a short pre-application submission, typically no more than a few pages, that allows applicants to summarize their project concept, objectives, and anticipated approach. Following submission of SOIs, the Federal agency must review SOI proposals in accordance with § 200.205 to determine which applicants will be invited to submit full proposals. When utilizing a SOI process, Federal agencies must not compare any SOI submission against a full proposal, and may only review full proposals from applicants that are invited to submit a full proposal based on their SOI. The purpose of an SOI is to reduce burden on applicants by avoiding the preparation of lengthy proposals while also assisting Federal agencies in identifying the most competitive applicants early in the NOFO all eligible applicants (for example, different types of nonprofit organizations such as labor unions and tribal organizations). The following information must be provided in a public notice: (a) process. (d) Summary information in notices of funding opportunities. The Federal agency must display the following information on Grants.gov, Grants.gov or other system authorized by Federal statute or approved by the Federal agency head (or designee), in a location preceding the full text of the announcement: (1) Federal Agency Name; (2) Funding Opportunity Title; (3) Announcement Type (whether the funding opportunity is the initial announcement or a modification of a previously announced opportunity); (4) Funding Opportunity Number (required, if the Federal agency has assigned a number to the funding opportunity announcement); (5) Assistance Listing Number(s); (6) Funding Details. To the extent appropriate, the total amount of funding that the Federal agency expects to award, the anticipated number of awards, and the expected dollar values of individual awards, which may be a range or average; (7) Key Dates. Key dates include due dates for submitting applications or Executive Order 12372 submissions, as well as for any letters of intent or preapplications. SOI submissions. For any announcement issued before a program's application materials are available, key dates also include the date on which those materials will be released; and any other additional information, as deemed applicable by the Federal agency. If For opportunities that require the submission of a SOI, the Federal agency must provide a date by which it will inform selected applicants to submit a full proposal. For all opportunities, if possible, the Federal agency should provide an anticipated award date. If the NOFO notice of funding opportunity states that applications will be evaluated on a “rolling” basis (that is, at different points during a specified period of time), the Federal agency should provide an estimate of the time needed to process an application and notify the applicant of the Federal agency's decision; (8) Executive Summary. A brief description that is written in plain language and summarizes the goals and objectives of the program, the target audience, and eligible applicants. The text of the executive summary should must not exceed 500 words; words, unless authorized by the head of the Federal agency (or their designee); and (9) Agency contact information. (b) (e) Availability period. The Federal agency should make all funding opportunities available for application for at least 60 calendar days. However, the Federal agency may modify the availability period of an opportunity as if needed. For example, extending the period may be necessary to provide technical assistance to an applicant pool that was not anticipated when the announcement was made or has less experience with applying for Federal financial assistance. The Federal agency may also determine that an availability period of less than 60 days is sufficient for a particular funding opportunity. However, no funding opportunity should will be available for less than 30 calendar days unless the Federal agency determines that exigent circumstances justify this. (c) this and includes this justification in the funding opportunity. (f) Full text of notices of funding opportunities. (1) The Federal agency must include the information in Appendix appendix I for every funding opportunity. NOFO. (2) Federal agencies should ensure that funding opportunities are written using must write NOFOs in plain language. To the extent possible Federal agencies must streamline opportunities to make them accessible, particularly for funding opportunities that are new, targeted to underserved communities, or intended to reach inexperienced applicants. Federal agencies, when feasible, should strive to ensure that NOFOs are accessible to a broad range of applicants, including those that have not previously received Federal awards. OMB will periodically analyze recipients of Federal awards. Federal agencies may be required to submit a report to OMB detailing the specific recipients or types of recipients that received Federal awards from the Federal agency over a specific time period. (3) To reduce application burden, Federal agencies should consider whether programmatic or administrative requirements specific to the agency, program, or funding opportunity must be met at the time of application or as a requirement of receiving a Federal award.
§ 200.205 Federal agency merit review of proposals.amended
method: full_restatement — 562+ / 6−
55. Revise § 200.205 to read as follows:
(a) In general. Unless prohibited by Federal statute, the Federal agency must design and execute a merit review process of applications for all discretionary Federal awards. See the definition of discretionary award in § 200.1. The objective of a merit review process is to select recipients most likely to be successful in delivering results based on the program objectives as outlined in section § 200.202. A merit review is an objective process of evaluating Federal award applications in accordance with the written standards of the Federal agency. These standards should identify the number of people the agency requires to participate in the merit review process and provide opportunities for a diverse group of participants, including those representing underserved communities. process. The merit review process explained in this section section, including the pre-issuance review described in paragraph (b) of this section, must be described or incorporated by reference in the applicable funding opportunity. NOFO. The pre-issuance review described in paragraph (b) may form the basis of a decision not to select an applicant to receive a Federal award. See § 200.204 and appendix I to this part. See also § 200.204. The Federal agency must also periodically review its merit review process. (b) Pre-issuance review. As part of the merit review process, Federal agencies must perform pre-issuance reviews to ensure that Federal award proposals selected for funding are consistent with applicable law, Federal agency priorities, and the national interest. In doing so, Federal agencies heads must designate one or more senior appointees to conduct a pre-issuance review of all discretionary awards. As part of this pre-issuance review for discretionary awards, senior appointees (or their designee) must, as relevant and to the extent consistent with applicable law, apply the following principles when reviewing Federal award proposals: (1) Discretionary awards must, where applicable, demonstrably advance the President's policy priorities. (2) Discretionary awards must not be used to fund, promote, encourage, subsidize, or facilitate: (i) Racial preferences or other forms of racial discrimination by the recipient, including activities where race or intentional proxies for race will be used as a selection criterion for employment or program participation; (ii) Denial by the recipient of the sex binary in humans or the notion that sex is a chosen or mutable characteristic; (iii) Illegal immigration; or (iv) Any other initiatives that compromise public safety or promote anti-American values. (3) All else being equal, preference for discretionary awards should be given to institutions with lower indirect cost rates. (4) Discretionary awards should be given to a broad range of recipients. Research grants should be awarded to a mix of recipients likely to produce immediately demonstrable results and recipients with the potential for potentially longer-term, breakthrough results, in a manner consistent with the notice of funding opportunity. (5) In performing activities under Federal awards, applicants should commit to complying with administration policies, procedures, and guidance respecting Gold Standard Science. (6) Discretionary awards should include benchmarks for measuring success and progress towards relevant goals and, as relevant for awards pertaining to scientific research, a commitment to achieving Gold Standard Science. See also § 200.202(a). (7) To the extent institutional affiliation is considered in making discretionary awards, agencies should prioritize an institution's commitment to rigorous, reproducible scholarship over its historical reputation or perceived prestige. For science grants, agencies should prioritize institutions that have demonstrated success in implementing Gold Standard Science. (8) See also §§ 200.202(c) and 200.300. (c) Procedure for pre-issuance review. When conducting a pre-issuance review, senior appointees (or their designee) must not ministerially ratify or routinely defer to the recommendations of others, but must instead use their independent judgment when evaluating Federal award proposals. (d) Use of peer review. Nothing in this part must be construed to discourage or prevent the use of peer review methods to evaluate proposals for discretionary awards or otherwise inform agency decision making, provided that peer review recommendations remain advisory and are not ministerially ratified, routinely deferred to, or otherwise treated as de facto binding by senior appointees or their designees. Further, nothing in this part must be construed to create any rights to any particular level of review or consideration for any funding applicant except as consistent with applicable law. (e) Agency discretion to reissue funding opportunities. A Federal agency is not required to issue a discretionary award as a result of a NOFO if doing so would fund low-quality proposals or be inconsistent with the principles of this part. The agency may, at its discretion, repost a funding opportunity.
§ 200.206 Federal agency review of risk posed by applicants.amended
method: paragraph_keyed — 75+ / 27−
56. In § 200.206, revise paragraphs (b) and (d) to read as follows:
(b) amended
(b) Risk Assessment. (1) assessment —(1) In general. The Federal agency must establish and maintain policies and procedures for conducting a risk assessment to evaluate the risks posed by applicants before issuing Federal awards. This assessment helps identify risks that may affect the advancement toward or the achievement of a project's goals and objectives. Risk assessments assist Federal managers in determining appropriate resources and time to devote to project oversight and monitor recipient progress. This assessment should be conducted no earlier than 30 days before the award decision and may incorporate elements such as the quality of the application, award amount, risk associated with the program, cybersecurity risks, cybersecurity, and fraud risks, and impacts on local jobs and the community. risks. If the Federal agency determines that the Federal award will be made, specific conditions that address the assessed risk may be implemented in the Federal award. The risk criteria to be evaluated must be described in the announcement of the funding opportunity described in § 200.204. (2) Items for consideration. In evaluating risks posed by applicants, the Federal agency should consider the following items:
(i) amended
(i) Financial stability. The applicant's record of effectively managing financial risks, assets, and resources; (ii) Financial capacity. The applicant's ability to manage and oversee high-dollar awards, especially those that are in excess of awards the applicant typically implements, as determined by the Federal agency; (iii) Management systems and standards. Quality of management systems and ability to meet the management standards prescribed in this part; (iii) (iv) History of performance. The applicant's record of managing previous and current Federal awards, including compliance with reporting requirements and conformance to the terms and conditions of Federal awards, awards. If prior performance is considered, it should be evaluated solely on the outcomes of prior work, with both positive and negative outcomes measured against the goals of the funding opportunity and given equal weight, if applicable; (iv) Audit reports and findings. Reports and findings from audits performed under subpart F or the reports and findings of any other available audits, if applicable; and
(v) amended
(v) Audit reports and findings. Reports and findings from audits performed under subpart F of this part or the reports and findings of any other available audits, if applicable; (vi) Ability to effectively implement requirements. The applicant's ability to effectively implement statutory, regulatory, or other requirements imposed on recipients of Federal awards. awards; (vii) History of questionable practices. Based on publicly available and verifiable information, the applicant's record of: (A) Plagiarism in studies or papers published by the applicant or its staff; (B) Discredited or non-replicable studies published by the applicant or its staff; (C) Engaging in activities or initiatives that are inconsistent with Federal civil rights laws, including the equal protection principles of the U.S. Constitution and prohibitions against unlawful discrimination; or (D) Engaging in activities or initiatives that are inconsistent with religious liberty laws. (viii) Memberships and affiliations. Based on publicly available and verifiable information, the applicant's membership in or affiliation with organizations engaged in activities that violate Federal law, undermine public safety or national security, or advocate for the overthrow of the United States Government; and (ix) Foreign gift and contract reporting. As applicable, the applicant's compliance with foreign gift and contract disclosure requirements under section 117 of the Higher Education Act of 1965 (Pub. L. 89-329, as amended, codified at 20 U.S.C. 1011f).
(d) amended
(d) Suspension and debarment compliance. The Federal agency must comply with the government-wide Government-wide suspension and debarment guidance regulation in 2 CFR part 180 and individual Federal agency suspension and debarment requirements in title 2 of the Code of Federal Regulations. Federal agencies must also require recipients to comply with these requirements. These requirements restrict making Federal awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from receiving Federal awards or participating in Federal awards.
2 unchanged unit(s) elided (* * *)
§ 200.207 Standard application requirements.amended
method: paragraph_keyed — 57+ / 0−
57. In § 200.207, add paragraph (c) to read as follows:
(c) added
(c) Reducing administrative and regulatory burden. Federal agencies that issue Federal financial assistance must periodically review programmatic and administrative requirements specific to the agency, program, or award(s) to determine whether such requirements are unnecessary and not required by this part or applicable law. Federal agencies should update OMB annually on any such requirements that have been removed.
2 unchanged unit(s) elided (* * *)
§ 200.208 Specific conditions.amended
method: full_restatement — 192+ / 1−
58. Revise § 200.208 to read as follows:
(a) In general. Federal agencies are responsible for ensuring that specific Federal award conditions and performance expectations for Federal awards are consistent with the program design (See § (see §§ 200.202 and § 200.301). (b) Adjustment of specific conditions. (1) To the extent permitted by law, based on consideration of the factors listed in paragraph (c) of this section, the Federal agency may: (i) Add specific conditions when a Federal award is made; and, (ii) Add or remove specific conditions throughout the period of performance. (2) The addition or removal of specific conditions for existing Federal awards based on consideration of the factors listed in paragraph (c) of this section must occur within 15 calendar days after the Federal agency's determination to adjust the conditions. Specific conditions not based on factors in paragraph (c) may be added or removed during the period of performance only with the agreement of the recipient. (c) Factors for consideration. The Federal agency or pass-through entity may adjust specific conditions in the Federal award based on an analysis of the following factors: (1) Review of OMB-designated repositories of government-wide Government-wide data (for example, SAM.gov) or review of its risk assessment (See (see § 200.206); (2) The recipient's or subrecipient's history of compliance with the terms and conditions of Federal awards; awards, including the Federal award the Federal agency is adjusting (see also § 200.339); (3) The recipient's or subrecipient's ability to meet expected performance goals as described in § 200.211; or (4) A determination of whether a recipient or subrecipient has inadequate financial capability to perform the Federal award. (c) (d) Examples of specific conditions. Specific conditions may include the following: (1) Requiring payments as reimbursements rather than advance payments; (2) Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance; (3) Requiring additional or more detailed financial reports; reports, which may include requiring information on payments to subrecipients, contractors and vendors; (4) Requiring additional project monitoring; monitoring, which may include financial integrity-related site visits with the goal of improving the financial integrity of the program or recipient organization; (5) Requiring the recipient or subrecipient to obtain technical or management assistance; or (6) Establishing additional prior approvals. (d) (e) Notification. Prior to imposing specific conditions, the Federal agency or pass-through entity must notify the recipient or subrecipient as to: (1) The nature of the specific condition(s); (2) The reason why the specific condition(s) is being imposed; (3) The nature of the action needed to remove the specific condition(s); (4) The time allowed for completing the actions; and (5) The method for requesting the Federal agency or pass-through entity to reconsider imposing a specific condition. (e) Any (f) Program-level specific conditions. Notwithstanding any other provision of this section, the Federal agency may include program-level specific Federal award conditions, including any of the specific conditions must be promptly removed once described in paragraph (d) of this section, in any Federal award made under a Federal program that the Federal agency determines presents elevated programmatic risk related to program administration, program oversight, or effective monitoring of the use or expenditure of Federal funds by recipients or subrecipients. Federal agencies are responsible for ensuring that program-level specific Federal award conditions and performance expectations are consistent with the program design (see §§ 200.202 and 200.301) and applicable law. The Federal agency may remove program-level specific conditions if it determines that prompted them have been satisfied. the Federal program no longer presents elevated programmatic risk.
§ 200.211 Information contained in a Federal award.amended
method: paragraph_tree — 119+ / 0−
59. In § 200.211:
a. Revise paragraphs (b)(15) and (16) and (c)(1)(v);
b. Remove paragraph (c)(3); and
c. Redesignate paragraph (c)(4) as paragraph (c)(3).
(b)(15) amended
(15) Identification of whether the Award is R&D; Research and Development (R&D) (see also § 200.202(g)); and
(b)(16) amended
(16) Indirect Cost Rate cost rate for the Federal award (including if the de minimis rate is charged per § 200.414).
(c)(1)(v) added
(v) Termination provisions. Federal agencies must inform recipients of the termination provisions in § 200.340. Except as provided in § 200.340(b), the Federal agency must always include the termination provisions set forth in § 200.340(a)(1) through (4) in each Federal award or expressly incorporate them by reference. Pursuant to § 200.340(a)(5), if applicable, the Federal agency must also inform recipients of any additional termination provisions that apply to a Federal award, including any applicable termination provisions in the Federal agency's regulations. Subject to the limitations in § 200.340(b), such additional provisions must not limit the right of the Federal agency to terminate for any of the reasons in § 200.340(a)(1) through (4).
§ 200.213 Reporting a determination that an applicant is not qualified for a Federal award.amended
method: paragraph_keyed — 0+ / 0−
60. In § 200.213, revise paragraph (e) to read as follows:
(e) amended
(e) Federal agencies must not post any information that will be made publicly available in the non-public segment of the responsibility and qualification records that is covered by a disclosure exemption under the Freedom of Information Act. If a recipient asserts within seven calendar days to a Federal agency that some or all of the publicly available information is covered by a disclosure exemption under the Freedom of Information Act, Act (5 U.S.C. 552), the Federal agency that posted the information must remove the posting within seven calendar days of receiving the assertion. Prior to reposting the releasable information, the Federal agency must resolve the issue in accordance with the agency's Freedom of Information Act procedures.
4 unchanged unit(s) elided (* * *)
§ 200.215 Never contract with the enemy.amended
method: full_restatement — 0+ / 0−
61. Revise § 200.215 to read as follows:
Federal agencies, recipients, and subrecipients are subject to the guidance regulation implementing Never Contract with the Enemy in 2 CFR part 183. The guidance regulation in 2 CFR part 183 affects covered contracts, grants, and cooperative agreements that are expected to exceed $50,000 during the period of performance, are performed outside the United States and its territories, and are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities.
§ 200.216 Prohibition of certain equipment, services, and systems.amended
method: full_restatement — 688+ / 0−
62. Revise § 200.216 to read as follows:
(a) Prohibition of certain telecommunications and video surveillance equipment or services. Pursuant to section 889 of Public Law 115-232, the following prohibition applies to certain telecommunications and video surveillance equipment or services. (1) General prohibition. Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) (i) Procure or obtain covered prohibited telecommunications equipment or services; (2) (ii) Extend or renew a contract to procure or obtain covered prohibited telecommunications equipment or services; or (3) (iii) Enter into a contract (or extend or renew a contract) to procure or obtain covered prohibited telecommunications equipment or services. (b) (2) Definition of prohibited telecommunications equipment or services. As described in section 889 of Public Law 115-232, prohibited telecommunications equipment or services (referred to in the statute as “covered telecommunications equipment or services” services”) means any of the following: (1) (i) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) (ii) For the purpose of public safety, security of government Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) (iii) Telecommunications or video surveillance services provided by such entities or using such equipment; (4) and (iv) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country; (c) country, as defined in section 889 of Public Law 115-232. (3) Inclusion in definition of prohibited telecommunications equipment or services. For the purposes of this section, “covered telecommunications equipment or services” also include systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (d) In implementing the prohibition under section 889 of Public Law 115-232, heads of executive agencies administering loan, grant, or subsidy programs must prioritize available funding and technical support to assist affected businesses, institutions, and organizations as is reasonably necessary for those affected entities to transition from covered telecommunications equipment or services, to procure replacement equipment or services, and to ensure that communications service to users and customers is sustained. (e) (4) Certification. When the recipient or subrecipient accepts a loan or grant, it is certifying that it will comply with the prohibition on covered prohibited telecommunications equipment and services in this section. The recipient or subrecipient is not required to certify that funds will not be expended on covered prohibited telecommunications equipment or services beyond the certification provided upon accepting the loan or grant and those provided upon submitting payment requests and financial reports. (f) (5) Additional information. For additional information, see section 889 of Public Law 115-232 and § 200.471. (b) Prohibition of procurement and operation of prohibited unmanned aircraft systems. Pursuant to section 1825 of the American Security Drone Act of 2023 (Pub. L. 118-31), on or after December 22, 2025, the following prohibition restricts the extent to which funds provided through a Federal grant or cooperative agreement, or otherwise made available, may be used by a recipient or subrecipient for procurement and operation of Federal Acquisition Security Council (FASC)-prohibited unmanned aircraft systems. This prohibition applies to all Federal awards, regardless of whether the FASC-prohibited unmanned aircraft system to be acquired or operated will process, store, or transmit Federal information. (1) Definitions. The terms “FASC-prohibited unmanned aircraft system” and “unmanned aircraft system” have the definitions provided in 48 CFR 40.201. (2) General prohibition. On or after December 22, 2025, except as provided in paragraphs (b)(3) through (6) of this section, no Federal funds awarded through a grant or cooperative agreement, or otherwise made available, may be used by a recipient or subrecipient: (i) To procure a FASC-prohibited unmanned aircraft system; or (ii) In connection with the operation of such a FASC-prohibited unmanned aircraft system. (3) Department of Homeland Security, Department of Defense, Department of State, and the Department of Justice exemptions. (i) The Secretary of Homeland Security, the Secretary of Defense, the Secretary of State, and the Attorney General are exempt from the restriction under paragraph (b)(2) of this section if the procurement or operation is required in the national interest of the United States and: (A) Is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology; (B) Is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or (C) Is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official. (ii) The Secretary of Homeland Security, the Secretary of Defense, the Secretary of State, and the Attorney General must notify OMB within five calendar days of issuing an award with exemptions to paragraph (b)(3)(i) of this section). (4) Department of Transportation exemption. The Secretary of Transportation is exempt from the restriction under paragraph (b)(2) of this section if the operation or procurement is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration's Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary's designee. (5) National Oceanic and Atmospheric Administration (NOAA) exemption. The Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under paragraph (b)(2) of this section if the operation or procurement is necessary for the purpose of meeting NOAA's science or management objectives or operational mission. (6) Waivers. The head of a Federal agency may waive the prohibition under paragraph (b)(2) of this section on a case-by-case basis: (i) With the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and (ii) Upon notification to: (A) The Committee on Homeland Security and Governmental Affairs of the Senate; (B) The Committee on Oversight and Accountability in the House of Representatives; and (C) Other appropriate congressional committees of jurisdiction.
§ 200.218 Prohibition of using Federal awards to promote or support theories of disparate-impact liability.added
method: full_restatement — 502+ / 0−
63. Add § 200.218 to read as follows:
(a) General prohibition. To the maximum extent permitted by law, Federal agencies must eliminate the use of disparate-impact liability in all contexts relevant to Federal awards. Disparate-impact liability imperils the effectiveness of civil rights laws by mandating, rather than proscribing, discrimination. (b) Federal agency and pass-through entity responsibilities. To the maximum extent permitted by law, to avoid violating the Constitution and Federal civil rights laws, the Federal agency or pass-through entity must: (1) Ensure that Federal awards are administered in a way that does not promote or support the use of disparate-impact liability. This includes ensuring, unless expressly required by law, that Federal awards are not used in support of disparate-impact studies, disparate-impact litigation, or other related activities; and that Federal award activities based on the assumed risk of disparate-impact liability are not allowed; (2) Not adopt, issue, or enforce terms and conditions, guidance, or other policies and procedures related to Federal financial assistance that promote, support, or otherwise include the use of disparate-impact liability; and (3) Review terms and conditions, guidance, and other policies and procedures related to Federal financial assistance to ensure alignment with this paragraph (b). (c) Recipient and subrecipient responsibilities. To the maximum extent permitted by law, to avoid violating the Constitution and Federal civil rights laws, recipients and subrecipients must: (1) Not adopt, issue, or enforce disparate-impact liability standards in administering programs or activities supported by a Federal award; and (2) Review their policies and procedures related to Federal financial assistance to ensure alignment with this paragraph (c). (d) Exception for analysis for internal use. Nothing in this section prohibits a recipient or subrecipient from conducting statistical or demographic analysis for internal program evaluation, research, or other purposes, provided that Federal award funds are not used for conducting such analysis, and the results of such analysis are not used in connection with or applied to activities under the Federal award, such as: (1) Treating individuals unequally based on federally protected characteristics, such as race or sex, regardless of individual strengths, effort, or achievement; or (2) Adjusting activities or performance under the Federal award based on theories, or the assumed risk of, disparate-impact liability. (e) Definition of disparate-impact liability. For the purposes of this section, disparate-impact liability means a theory under which a facially neutral policy or practice (for example, a merit-based employment policy or practice) gives rise to an automatic or near-insurmountable presumption of the existence of unlawful discrimination on the basis of federally protected characteristics (such as race or sex) where there are any differences or disparities in outcomes (for example, disproportionate effects) among different races, sexes, or similar groups. Under a theory of disparate-impact liability, this presumption would apply even if there is no facially discriminatory policy or practice, there is no discriminatory intent involved, and equal opportunity is provided. Discriminatory intent is irrelevant in a disparate-impact claim. Disparate-impact liability effectively mandates consideration of federally protected characteristics, such as race or sex, and incentivizes racial balancing, contrary to principles of equal treatment and merit-based opportunity.
§ 200.219 Prohibition of discriminatory event services.added
method: full_restatement — 283+ / 0−
64. Add § 200.219 to read as follows:
(a) Public entities. Public entities that are a recipient or subrecipient of Federal financial assistance must not discriminate on the basis of the viewpoint, content, or subject matter of speech—including on the basis of political, ideological, or religious affiliation or perspective—in providing services for events, meetings, or other expressive activities. This paragraph (a) includes ensuring that, on the basis of the viewpoint, content, or subject matter of speech, the recipient or subrecipient does not: (1) Deny, reduce, or otherwise modify services for events, meetings, or other expressive activities in a manner that is inconsistent with the level services or access ordinarily provided for events, meetings, or expressive activities of a similar type and size; (2) Impose additional, inconsistent, or unreasonable fees, security costs, insurance requirements, related charges, or other administrative burdens; or (3) Otherwise apply event or facility-use policies in a manner that has the purpose or effect of suppressing lawful expression of speech protected by the First Amendment. (b) Non-public entities. To ensure that Federal funds are not used in a manner inconsistent with the First Amendment, the requirements of paragraph (a) of this section also apply to non-public entities to the extent that the relevant activities are within the scope of activities funded by a Federal award. (c) Scope. (1) The prohibition in paragraph (a) of this section applies to events sponsored, hosted, or permitted by a recipient or subrecipient of Federal financial assistance on property or facilities it owns, leases, or otherwise controls. (2) For purposes of this section, the term “services” includes security, crowd management, access to facilities, and other logistical or safety support ordinarily provided by the recipient or subrecipient for events of a similar type and size.
§ 200.220 Prohibition of using Federal funds for covered foreign collaborations.added
method: full_restatement — 251+ / 0−
65. Add § 200.220 to read as follows:
(a) General prohibition. Except as provided in paragraph (c) of this section, Federal funds may not be obligated or expended by a recipient or subrecipient to support a bilateral or multilateral collaboration, agreement, program, or activity with a covered foreign country or covered foreign entity. (b) Scope. The prohibition in paragraph (a) of this section applies regardless of whether Federal funds are used for direct programmatic activities, research, technical assistance, travel, or indirect costs allocable to such collaborations. (c) Exceptions. A Federal agency may authorize an exception to this section when expressly authorized by Federal statute or the Federal agency head (or designee) determines that the activity does not pose a risk to national security and is in the national interest of the United States. (d) Definitions. For purposes of this section: (1) Covered foreign country means any country designated by statute, Executive order, or other Federal law as: (i) A foreign adversary; (ii) A country of particular concern; or (iii) A country subject to sanctions or restrictions relating to national security, defense, or intelligence activities. (2) Covered foreign entity means: (i) An entity owned or controlled by, or acting on behalf of, a covered foreign country; (ii) An entity identified as an “entity of particular concern” on a list maintained by a Federal agency pursuant to statute (including lists maintained under a National Defense Authorization Act or the International Emergency Economic Powers Act); or (iii) An entity affiliated with the military, intelligence, or security services of a covered foreign country.
§ 200.300 Statutory and national policy requirements.amended
method: full_restatement — 147+ / 17−
66. Revise § 200.300 to read as follows:
(a) In general. The Federal agency or pass-through entity must manage and administer the Federal award in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with the U.S. Constitution, Constitution and applicable Federal statutes and regulations—including provisions protecting free speech, speech and religious liberty, public welfare, and the environment, and those prohibiting discrimination—and the requirements of this part. Consistent with Federal law, this includes managing and administering the Federal award to ensure that no person otherwise eligible will be unlawfully excluded from participation in, unlawfully denied the benefits of, or otherwise subjected to unlawful discrimination in the administration of Federal programs, activities, projects, assistance, and services. The Federal agency or pass-through entity must communicate to a recipient or subrecipient all relevant requirements, including those contained in general appropriations provisions, and incorporate them directly or by reference in the terms and conditions of the Federal award. award and all subawards. (b) Limitations on authorized use of Federal award funds. In administering Federal awards that are subject awards, to a Federal statute prohibiting discrimination based on sex, the maximum extent permitted by law, the Federal agency or pass-through entity must ensure that Federal awards and subawards are not used to fund, promote, encourage, subsidize, or facilitate: (1) “Diversity, equity, and inclusion” (DEI) or “diversity, equity, inclusion, and accessibility” (DEIA) policies, principles, or practices that violate any applicable Federal anti-discrimination laws. This includes racial preferences or other forms of racial discrimination used by the award recipient or subrecipient that violate any applicable Federal anti-discrimination laws, including activities where race or intentional proxies for race will be used as a selection criterion for employment or program participation. See also § 200.218; (2) Gender ideology as defined in Executive Order 14168. Gender ideology includes theories or ideologies that deny the biological reality of sex or the sex binary in humans, or endorse or advocate for the notion that sex is administered a chosen or mutable characteristic; or (3) The so-called “transition” of a child under 19 years of age from one sex to another, including the chemical and surgical mutilation of children. The term “chemical and surgical mutilation” has the meaning provided in a way that does Executive Order 14187. (c) Non-discrimination against faith-based organizations. Federal agencies and pass-through entities may not unlawfully discriminate based against or in favor of an applicant on sexual orientation or gender identity if the statute's prohibition on sex discrimination encompasses discrimination based on sexual orientation and gender identity consistent with the Supreme Court's reasoning in Bostock v. Clayton County, 140 S. Ct. 1731 (2020). (c) In administering awards in accordance with the U.S. Constitution, the Federal agency must take account basis of the heightened constitutional scrutiny organization's religious character, affiliation, exercise, or lack thereof, nor on the basis of conduct that would not be considered ground to favor or disfavor a similarly situated secular organization. Faith-based organizations are eligible to apply for Federal financial assistance on the same basis as any other eligible organization. Applicants that meet all eligibility requirements may apply be considered for a Federal award under the Constitution's Equal Protection guarantee for government action that provides differential treatment based on protected characteristics. a notice of funding opportunity.
§ 200.303 Internal controls.amended
method: paragraph_keyed — 234+ / 44−
67. In § 200.303, revise paragraphs (a) and (e) and add paragraphs (f) and (g) to read as follows:
(a) amended
(a) Establish, document, and maintain effective internal control over the Federal award that provides reasonable assurance that the recipient or subrecipient is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. These internal controls should align with the guidance in “Standards for Internal Control in the Federal Government” issued by the Comptroller General of the United States or the “Internal Control-Integrated Framework” issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO).
(e) amended
(e) Take reasonable cybersecurity and other measures to safeguard information including protected personally identifiable information (PII) (PII), confidential business information, and other types of information. information subject to protections against disclosure under applicable law. This also includes information the Federal agency or pass-through entity designates as sensitive or other information the recipient or subrecipient considers sensitive and is consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over confidentiality.
(f) added
(f) Participate in the Department of Homeland Security's E-verify program to confirm the employment eligibility of all employees and contractors hired in or performing work in the United States under a Federal award. (1) Recipients and subrecipients must comply with all requirements of the E-verify program and applicable Federal law. (2) If a recipient or subrecipient receives a Final Nonconfirmation (FNC) notice through E-verify, the recipient or subrecipient must submit this information to the Federal agency or pass-through entity. The recipient or subrecipient must also provide the Federal agency or pass-through entity with the FNC case verification number and confirm that the recipient or subrecipient has taken appropriate actions consistent with E-Verify program requirements. Failure to provide notice or take appropriate action may result in the termination of the Federal award.
(g) added
(g) In carrying out the internal control requirements of this section, a non-Federal entity that is a State must, prior to the disbursement of payments made using Federal award funds subject to this part, review available data sources with relevant information to verify the eligibility of payees and prevent improper payments. Such reviews may be conducted through the Department of the Treasury's Do Not Pay (DNP) system, or through an alternative payment screening process that provides protection against improper payments. This requirement is in addition to, and does not replace, any program-specific eligibility verification or payment screening requirements applicable to a Federal award.
3 unchanged unit(s) elided (* * *)
§ 200.305 Federal payment.amended
method: paragraph_keyed — 239+ / 0−
68. In § 200.305:
a. Redesignate paragraphs (a) and (b) as paragraphs (b) and (d), respectively;
b. Add new paragraph (a) and paragraph (c); and
c. Revise newly redesignated (d) introductory text.
(a) amended
(a) Payments for States. Payments for States are governed by Treasury-State Cash Management Improvement Act (CMIA) agreements Treasury Do Not Pay (DNP) System Review and default procedures codified at 31 CFR part 205 Verification. Prior to the disbursement of any Federal payment under this part, the Federal agency must review available data sources with relevant information on the eligibility of the recipient included in the Department of the Treasury's Do Not Pay (DNP) System to verify eligibility and Treasury Financial Manual (TFM) 4A-2000, “Overall Disbursing Rules for All Federal Agencies.” prevent improper payments.
(c) added
(c) Payment justifications for recipients and subrecipients other than States. (1) In coordination with OMB and the Department of the Treasury, each Federal agency must use an information system for payments capable of recording a brief, written justification for each payment request. Federal agencies must require payment justifications as described in this paragraph (c) as soon as information systems with this capability become available. (2) Payment requests under paragraph (d) of this section from a recipient to the Federal agency or a subrecipient to the pass-through entity must include a brief, written justification regardless of whether the payment is made in advance or to reimburse the recipient or subrecipient. The brief, written justification must include information on the activities or aspects of the Federal award that correspond to the payment request. For example, this may include project milestones, project activities, administrative activities, or other requirements that must be completed under the Federal award.
(d) added
(d) Payments for recipients and subrecipients other than States. For recipients and subrecipients other than States, payment methods must minimize the time elapsing between the transfer of funds from the Federal agency or the pass-through entity and the disbursement of funds by the recipient or subrecipient regardless of whether the payment is made by electronic funds transfer or by other means. See § 200.302(b)(6). Except as noted in this part, the Federal agency must require recipients to use only OMB-approved, Government-wide information collections to request payment.
3 unchanged unit(s) elided (* * *)
§ 200.306 Cost sharing.amended
method: full_restatement — 135+ / 22−
69. Revise § 200.306 to read as follows:
(a) Voluntary committed Criteria for cost sharing is not expected under Federal research grants. The Federal agency may not use voluntary committed cost sharing as a factor during the merit review of applications or proposals for Federal research grants unless authorized by Federal statutes or agency regulations and specified in the notice of funding opportunity. Federal agencies are also discouraged from using voluntary committed cost sharing as a factor during the merit review of applications for other Federal financial assistance programs. If voluntary committed cost sharing is used for this purpose for other programs, the notice of funding opportunity must specify how an applicant's proposed cost sharing will be considered. See §§ 200.414, 200.204, and Appendix I. (b) funds. For all Federal awards, the Federal agency or pass-through entity must accept any cost sharing funds (including cash and third-party in-kind contributions, and also including funds committed by the recipient, subrecipient, or third parties) as part of the recipient's or subrecipient's contributions to a program when the funds: (1) Are verifiable in the recipient's or subrecipient's records; (2) Are not included as contributions for any other Federal award; (3) Are necessary and reasonable for achieving the objectives of the Federal award; (4) Are allowable under subpart E; E of this part; (5) Are not paid by the Federal Government under another Federal award, except where the program's Federal authorizing statute specifically provides that Federal funds made available for the program can be applied to cost sharing requirements of other Federal programs; (6) Are provided for in the approved budget when required by the Federal agency; and (7) Conform to other applicable provisions of this part. (c) (b) Inclusion of unrecovered indirect costs. Unrecovered indirect costs, including indirect costs on cost sharing, may be included as part of cost sharing with the prior approval of the Federal agency or pass-through entity. Unrecovered indirect cost costs means the difference between the amount charged to the Federal award and the amount which could have been charged to the Federal award under the recipient's or subrecipient's approved indirect cost rate. (d) (c) Valuation for contribution of services. Values for recipient or subrecipient contributions of services and property must be established in accordance with the cost principles in subpart E. E of this part. When a Federal agency or pass-through entity authorizes the recipient or subrecipient to donate buildings or land for construction/facilities acquisition projects or long-term use, the value of the donated property for cost sharing must be the lesser of paragraph (d)(1) (c)(1) or (2) below. of this section. (1) The value of the remaining life of the property recorded in the recipient's or subrecipient's accounting records at the time of donation. (2) The current fair market value. However, when there is sufficient justification, the Federal agency or pass-through may approve using the current fair market value of the donated property, even if it exceeds the value described in paragraph (d)(1) (c)(1) of this section at the time of donation. (e) (d) Volunteer services by third-parties. Volunteer services furnished by third-party professional and technical personnel, consultants, and other labor may be counted as cost sharing if the service is necessary for the program. Rates for third-party volunteer services must be consistent with those paid for similar work by the recipient or subrecipient. When the required skills are not found in the recipient's or subrecipient's workforce, rates must be consistent with those paid for similar work in the labor market where the recipient or subrecipient competes for the services involved. In either case, fringe benefits that are allowable, allocable, and reasonable may be included in the valuation. (f) (e) Valuation for services of third-party employees. When a third-party organization furnishes the services of an employee, these services must be valued at the employee's regular rate of pay plus an amount of fringe benefits that is reasonable, necessary, allocable, and otherwise allowable, and indirect costs at either the third-party organization's approved federally-negotiated indirect cost rate or, a rate in accordance with § 200.414(d) 200.414 provided these services employ the same skill(s) for which the employee is normally paid. Where donated services are treated as indirect costs, indirect cost rates will separate the value of the donated services so that reimbursement for the donated services will not be made. (g) (f) Donated property from third parties. Donated property from third parties may include items such as equipment, office supplies, laboratory supplies, or workshop and classroom supplies. The assessed value of donated property included as cost sharing must not exceed the property's fair market value at the time of the donation. (h) (g) Valuation of donated equipment, buildings, and land. The method used for determining the value of donated equipment, buildings, and land for which title passes to the recipient or subrecipient may differ according to the following: (1) If the purpose of the Federal award is to assist the recipient or subrecipient in acquiring equipment, buildings, or land, the aggregate value of the donated property may be claimed as cost sharing. (2) If the purpose of the Federal award is to support activities that require the use of equipment, buildings, or land, only depreciation charges for equipment and buildings may be made. However, the fair market value of equipment or other capital assets and fair rental charges for land may be allowed if provided in the terms and conditions of the Federal award. See § 200.420. (i) (h) Accounting policies for donated property. The value of donated property must be determined in accordance with the accounting policies of the recipient or subrecipient with the following qualifications: (1) The value of donated land and buildings must not exceed its fair market value at the time of donation to the recipient or subrecipient as established by an independent appraiser (for example, certified real property appraiser or General Services Administration representative) and certified by a responsible official of the recipient or subrecipient as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, amended (42 U.S.C. 4601-4655) 4601-4655), except as provided in the implementing regulations at 49 CFR part 24, “Uniform Relocation Assistance And Real Property Acquisition For Federal And Federally-Assisted Programs.” 24. (2) The value of donated equipment must not exceed the fair market value at the time of donation. (3) The value of donated space must not exceed the fair rental value of comparable space as established by an independent appraisal of comparable space and facilities in a privately-owned building in the same locality. (4) The value of loaned equipment must not exceed its fair rental value. (j) (i) Documentation and support for fair market value. The fair market value of third-party in-kind contributions must be documented and, to the extent feasible, supported by the same methods used internally by the recipient or subrecipient. (j) Voluntary committed cost sharing for research grants. Voluntary committed cost sharing is not expected under Federal research grants. The Federal agency may not use voluntary committed cost sharing as a factor during the merit review of applications or proposals for Federal research grants unless authorized by Federal statutes or agency regulations and specified in the notice of funding opportunity. Federal agencies are also discouraged from using voluntary committed cost sharing as a factor during the merit review of applications for other Federal financial assistance programs. If voluntary committed cost sharing is used for this purpose for other programs, the notice of funding opportunity must specify how an applicant's proposed cost sharing will be considered. See §§ 200.414 and 200.204 and appendix I to this part. (k) Voluntary uncommitted cost sharing for institutions of higher education. For institutions of higher education (IHE), voluntary uncommitted cost sharing should be treated differently from mandatory or voluntary committed cost sharing. Voluntary uncommitted cost sharing should not be included in the organized research base for computing the indirect cost rate or reflected in any allocation of indirect costs. Voluntary uncommitted cost sharing includes faculty-donated additional time above that agreed to as part of the award. See OMB memorandum M-01-06, dated January 5, 2001, Clarification of OMB A-21 Treatment of Voluntary Uncommitted Cost Sharing and Tuition Remission Costs.
§ 200.307 Program income.amended
method: paragraph_keyed — 0+ / 0−
70. In § 200.307, revise paragraph (a) to read as follows:
(a) amended
(a) General. In general. The recipient or subrecipient is encouraged to earn income to defray program costs when appropriate. Program income must be used for the original purpose of the Federal award. Program income earned during the period of performance may only be used for costs incurred during the period of performance or allowable closeout costs. See § 200.472(b). Program income must be expended prior to requesting additional Federal funds. Program income exceeding amounts specified in the Federal award may be added to or deducted from the total allowable costs in accordance with the terms and conditions of the Federal award.
4 unchanged unit(s) elided (* * *)
§ 200.308 Revision of budget and program plans.amended
method: paragraph_keyed — 0+ / 0−
71. In § 200.308, revise paragraph (e) to read as follows:
(e) amended
(e) Limitation on other prior approval requirements. Unless specified in this guidance, part, the Federal agency must not impose additional prior approval requirements without OMB approval. See also §§ 200.102 and 200.407.
8 unchanged unit(s) elided (* * *)
§ 200.313 Equipment.amended
method: paragraph_keyed — 0+ / 0−
72. In § 200.313, revise paragraph (b) to read as follows:
(b) amended
(b) General. In general. A State must use, manage and dispose of equipment acquired under a Federal award in accordance with State laws and procedures. Indian Tribes must use, manage, and dispose of equipment acquired under a Federal award in accordance with tribal laws and procedures. If such laws and procedures do not exist, Indian Tribes must follow the guidance regulation in this section. Other recipients and subrecipients, including subrecipients of a State or Indian Tribe, must follow paragraphs (c) through (e) of this section.
6 unchanged unit(s) elided (* * *)
§ 200.318 General procurement standards.amended
method: paragraph_keyed — 27+ / 0−
73. In § 200.318, revise paragraph (l) to read as follows:
(l) amended
(l) Examples of labor and Additional employment practices. (1) The procurement standards in this subpart do not prohibit recipients or subrecipients from:
(i) amended
(i) Communicating a requirement that individuals hired or employed under the Federal award must be authorized to work in the United States under applicable Federal law; or (ii) Using Project Labor Agreements (PLAs) or similar forms other types of pre-hire collective bargaining agreements; (ii) Requiring construction contractors agreements if the use of such agreements will advance the interest of the Federal Government associated with the applicable Federal financial assistance program, including consideration of practicability and cost effectiveness. (2) Federal agencies may allow recipients to use hiring preferences or goals such practices if consistent with the U.S. Constitution, applicable Federal statutes and regulations, the objectives and purposes of the applicable Federal financial assistance program, and other requirements of this part. Recipients and subrecipients are also responsible for people residing in high-poverty areas, disadvantaged communities as defined by the Justice40 Initiative (see OMB Memorandum M-21-28), or high-unemployment census tracts within a region no smaller than the county where a federally funded construction project is located. The hiring preferences or goals ensuring consistency with applicable law. Employment practices should be consistent with the policies foundational principles of recognizing merit and procedures the ability of employees to fulfill the requirements of the recipient or subrecipient, and must not prohibit interstate hiring; (iii) Requiring a contractor to use hiring preferences or goals for individuals with barriers to employment (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)), including women and people from underserved communities as defined by Executive Order 14091; (iv) Using agreements intended to ensure uninterrupted delivery of services; using agreements intended to ensure community benefits; or contract.
11 unchanged unit(s) elided (* * *)
§ 200.320 Procurement methods.amended
method: paragraph_keyed
74. In § 200.320, revise the introductory text to read as follows:
5 unchanged unit(s) elided (* * *)
§ 200.321 Contracting with small businesses.amended
method: full_restatement — 0+ / 2−
75. Revise § 200.321 to read as follows:
(a) When possible, the recipient or subrecipient should ensure that small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms (See U.S. Department including subcategories of Labor's list) small businesses enumerated in Federal statute, are considered as set forth below. (b) Such consideration means: (1) These business types are included on solicitation lists; (2) These business types are solicited whenever they are deemed eligible as potential sources; (3) Dividing procurement transactions into separate procurements to permit maximum participation by these business types; (4) Establishing delivery schedules (for example, the percentage of an order to be delivered by a given date of each month) that encourage participation by these business types; (5) Utilizing organizations such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring a contractor when issuing contracts under a Federal award to apply this section to subcontracts. financial assistance awards.
§ 200.322 Domestic preferences for procurements.amended
method: full_restatement — 1+ / 82−
76. Revise § 200.322 to read as follows:
(a) The recipient or subrecipient should, to To the greatest extent practicable and consistent with law, provide a preference for Federal agencies must include terms and conditions in Federal awards to maximize the purchase, acquisition, or use of goods, products, or and materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The States. If included in a Federal award, these requirements of this section must also be included in all subawards, contracts, and purchase orders under Federal awards. (b) For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. (c) Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth in 2 CFR part 184.
§ 200.323 Procurement of recovered materials.amended
method: full_restatement — 0+ / 70−
77. Revise § 200.323 to read as follows:
(a) A recipient or subrecipient that is a State agency or agency, an agency of a political subdivision of a State and its contractors State, or a contractor to such entity, must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962. The requirements of Section section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (b) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single-use plastic products. See Executive Order 14057, section 101, Policy.
§ 200.324 Contract cost and price.amended
method: paragraph_keyed — 0+ / 23−
78. In § 200.324, revise paragraph (a) to read as follows:
(a) amended
(a) The recipient or subrecipient must perform a cost or price analysis for every procurement transaction, including contract modifications, in excess of the simplified acquisition threshold. The method and degree of analysis conducted depend on the facts surrounding the particular procurement transaction. For example, the recipient or subrecipient should consider potential workforce impacts in their analysis if the procurement transaction will displace public sector employees. However, as a starting point, the recipient or subrecipient must make independent estimates before receiving bids or proposals.
2 unchanged unit(s) elided (* * *)
§ 200.329 Monitoring and reporting program performance.amended
method: paragraph_keyed — 74+ / 77−
79. In § 200.329:
a. Revise paragraphs (b) and (e) through (g); and
b. Add paragraphs (h) and (i).
(b) amended
(b) Reporting program performance. The Federal agency must use OMB-approved common information collections (for example, Research Performance Progress Reports) when requesting performance reporting information. The Federal agency or pass-through entity may not collect performance reports more frequently than quarterly unless a specific condition has been implemented in accordance with § 200.208. To the extent practicable, the Federal agency or pass-through entity should align the due dates of performance reports and financial reports. When reporting program performance, the recipient or subrecipient must relate financial data and project or program accomplishments to the performance goals and objectives of the Federal award. Consistent with appendix A to 2 CFR part 170, the recipient must confirm that it has reported any subawards issued during the reporting period on SAM.gov. Also, the recipient or subrecipient must provide cost information to demonstrate cost-effective practices (for example, through unit cost data) when required by the terms and conditions of the Federal award. In some instances (for example, discretionary research awards), this may be limited to the requirement to submit technical performance reports. Reporting requirements must clearly indicate a standard against which the recipient's or subrecipient's performance can be measured. Reporting requirements should not solicit information from the recipient or subrecipient that is not necessary for the effective monitoring or evaluation of the Federal award. Federal agencies should consult monitoring framework documents such as the agency's Evaluation Plan to make that determination. As noted in OMB Circular A-11, Part 6, Section 280, measures of customer experience are of co-equal importance as traditional measures of financial and operational performance.
(e) amended
(e) Significant developments. Scientific research performance reports. When submitting a significant development that could impact the Federal award occurs between performance reporting due dates, report for scientific research, the recipient or subrecipient must notify identify and include the Federal agency or pass-through entity. Significant developments include events that enable meeting milestones categorization provided in the terms and objectives sooner or at less cost than anticipated or that produce different beneficial results than originally planned. Significant developments also include problems, delays, or adverse conditions which will impact the recipient's or subrecipient's ability to meet milestones or the objectives of the Federal award. When significant developments occur that negatively impact the Federal Award, the recipient or subrecipient must include information on their plan for corrective action and any assistance needed to resolve the situation. See § 200.202(g).
(f) amended
(f) Site visits. The Significant developments. When a significant development that could impact the Federal award occurs between performance reporting due dates, the recipient or subrecipient must notify the Federal agency or pass-through entity may conduct in-person entity. Significant developments include events that enable meeting milestones and objectives sooner or virtual site visits as warranted. at less cost than anticipated or that produce different beneficial results than originally planned. Significant developments also include problems, delays, or adverse conditions which will impact the recipient's or subrecipient's ability to meet milestones or the objectives of the Federal award. When significant developments occur that negatively impact the Federal award, the recipient or subrecipient must include information on their plan for corrective action and any assistance needed to resolve the situation.
(g) amended
(g) Performance report requirement waiver. Site visits. The Federal agency or pass-through entity may waive any performance report that is not necessary to ensure the goals and objectives of the Federal award are being achieved. conduct in-person or virtual site visits as warranted.
(h) added
(h) Reviewing subrecipient reporting in SAM.gov. The Federal agency is responsible for providing oversight to ensure that recipients comply with their requirement to report subawards on SAM.gov and taking corrective action if recipients are not in compliance. See also § 200.332.
(i) amended
(i) A comparison of accomplishments Performance report requirement waiver. The Federal agency may waive any performance report that is not necessary to ensure the goals and objectives of the Federal award established for are being achieved. The Federal agency must justify this waiver, maintain the reporting period (for example, comparing costs to units of accomplishment). Where performance trend data and analysis would be informative to justification in the Federal agency program, agency's records, and incorporate in the Federal agency should include this as a performance reporting agency's risk assessment the decision to waive the requirement. (ii) Explanations on why established goals or objectives were not met; and (iii) Additional information, analysis, and explanation of cost overruns or higher-than-expected unit costs.
3 unchanged unit(s) elided (* * *)
§ 200.331 Subrecipient and contractor determinations.amended
method: paragraph_keyed — 101+ / 0−
80. In § 200.331, add paragraph (c) to read as follows:
(c) added
(c) Transfers to related entities. Pass-through entities may not circumvent the requirements of this section by treating payments of Federal funds to affiliates, subsidiaries, or other related entities that are separate legal persons as internal transfers not requiring a determination under this section. Such transfers of Federal funds must be evaluated under this section and treated as either subawards or contracts, as appropriate. For example, if a related entity receives payment to perform activities under the Federal award, such as carrying out a portion of the Federal award or providing goods and services, a determination is required. See also § 200.332(h).
2 unchanged unit(s) elided (* * *)
§ 200.332 Requirements for pass-through entities.amended
method: paragraph_keyed — 115+ / 0−
81. In § 200.332:
a. Revise paragraphs (g) through (i); and
b. Add paragraphs (j) through (l).
(g) amended
(g) Verify that a subrecipient is audited as required by subpart F Comply with applicable requirements in 2 CFR part 170 to report subawards on SAM.gov no later than the end of this part. the month following the month in which the subaward was issued.
(h) amended
(h) Consider whether Make subrecipient or contractor determinations under § 200.331 for all downstream entities receiving payments from the results of a subrecipient's audit, site visits, pass-through entity, including affiliates, subsidiaries, or other monitoring necessitate adjustments to the related organizations. Internal organizational affiliations do not exempt pass-through entity's records. entities from subaward or contract classification and related compliance and reporting requirements.
(i) amended
(i) Consider taking enforcement action against noncompliant subrecipients as described Ensure that each subrecipient is in compliance with the terms and conditions of the subaward and does not take actions that could significantly damage the reputation of the pass-through entity, the Federal agency making the award, or the Federal Government. If a pass-through entity determines that a subrecipient has taken such actions, it must consult with the Federal agency to determine whether the subaward should be terminated under § 200.339 and in program regulations. 200.340. If the Federal agency determines that such significant reputational harm has occurred, it may either direct the pass-through entity to terminate the subaward or terminate the Federal award to the pass-through entity.
(j) added
(j) Verify that a subrecipient is audited as required by subpart F of this part.
(k) added
(k) Consider whether the results of a subrecipient's audit, site visits, or other monitoring necessitate adjustments to the pass-through entity's records.
(l) added
(l) Consider taking enforcement action against noncompliant subrecipients as described in § 200.339 and in program regulations.
8 unchanged unit(s) elided (* * *)
§ 200.333 Fixed amount subawards.amended
method: full_restatement — 0+ / 20−
82. Revise § 200.333 to read as follows:
With prior written approval from the Federal agency, the recipient may provide subawards based on fixed amounts up to $500,000. Fixed amount subawards must meet the requirements of § 200.201. are not permitted.
§ 200.334 Record retention requirements.amended
method: paragraph_keyed
83. In § 200.334, revise the introductory text to read as follows:
6 unchanged unit(s) elided (* * *)
§ 200.336 Methods for collection, transmission, and storage of information.amended
method: full_restatement — 14+ / 2−
84. Revise § 200.336 to read as follows:
When practicable, the Federal agency or pass-through entity and the recipient or subrecipient must collect, transmit, and store Federal award information in open and machine-readable formats. A machine-readable format is a format in a standard computer language (not English text) that can be read automatically by a computer system. Upon request, the Federal agency or pass-through entity must always provide or accept paper versions of Federal award information to and from the recipient or subrecipient. The Federal agency or pass-through entity must not require additional copies of Federal award information submitted in paper versions. The recipient or subrecipient does is not need required to create and retain paper copies when original records are electronic and cannot be altered. In addition, the recipient or subrecipient may substitute electronic versions of original paper records through duplication or other forms of electronic conversion, provided that the procedures are subject to periodic quality control reviews. Quality control reviews must ensure that electronic conversion procedures provide safeguards against the alteration of records and assurance that records remain in a format that is readable by a computer system. Recipients and subrecipients are strongly encouraged to utilize domestic storage capabilities for electronic records.
§ 200.338 Restrictions on public access to records.amended
method: full_restatement — 16+ / 5−
85. Revise § 200.338 to read as follows:
Federal agencies may not place restrictions on the recipient or subrecipient that limit public access to the records of the recipient or subrecipient pertinent pertaining to a Federal award, except for protected personally identifiable information (PII) (PII), confidential business information, or other sensitive information subject to protections against disclosure under applicable law. Federal agencies may only place such restrictions when the Federal agency can demonstrate that such records will be kept confidential and would have been exempted from disclosure pursuant to the Freedom of Information Act (FOIA) (5 U.S.C. 552) or controlled unclassified information pursuant to Executive Order 13556 if the records had belonged to the Federal agency. The Freedom of Information Act (5 U.S.C. 552) (FOIA) does not apply to records that remain under the recipient's or subrecipient's control except as required by § 200.315. Unless required by Federal, State, local, or tribal law, recipients and subrecipients are not required to permit public access to their records. The recipient's or subrecipient's records provided to a Federal agency generally will be subject to FOIA and applicable exemptions.
§ 200.339 Remedies for noncompliance.amended
method: full_restatement — 137+ / 0−
86. Revise § 200.339 to read as follows:
(a) Remedies for noncompliance. The Federal agency or pass-through entity may implement specific conditions if the recipient or subrecipient fails to comply with the U.S. Constitution, Federal statutes, regulations, or terms and conditions of the Federal award. See § 200.208 for additional information on specific conditions. When the Federal agency or pass-through entity determines that noncompliance cannot be remedied by imposing specific conditions, the Federal agency or pass-through entity may take one or more of the following actions: (a) (1) Temporarily withhold payments until the recipient or subrecipient takes corrective action. (b) (2) Disallow costs for all or part of the activity associated with the noncompliance of the recipient or subrecipient. (c) (3) Suspend or terminate the Federal award in part or in its entirety. (d) (4) Initiate suspension or debarment proceedings as authorized in 2 CFR part 180 and the Federal agency's regulations, or for pass-through entities, recommend suspension or debarment proceedings be initiated by the Federal agency. (e) (5) Withhold further Federal funds (new awards or continuation funding) for the project or program. (f) (6) Pursue other legally available remedies. (b) Private causes of action. If applicable and consistent with law and regulation, a Federal agency, may, at its discretion, cooperate with individuals or organizations in their pursuit of private causes of action and civil remedies based on the failure of a recipient or subrecipient to comply with the U.S. Constitution, Federal statutes, regulations, or the terms and conditions of a Federal award. Consistent with § 200.318(k), this generally would not include cases related to the settlement of contractual or administrative issues arising out of a recipient's or subrecipient's procurement transactions, except as necessary to comply with law or if the matter is primarily a Federal concern. A Federal agency should only cooperate with a private cause of action if it determines that such cooperation is in the interest of the United States.
§ 200.340 Termination and suspension.amended
method: full_restatement — 1032+ / 3−
87. Revise § 200.340 to read as follows:
(a) Termination provisions. The Federal award may be terminated in part or its entirety as follows: (1) By For noncompliance by the recipient or subrecipient. The Federal agency or pass-through entity may terminate a Federal award in part or its entirety if the recipient or subrecipient fails to comply with the terms and conditions of the Federal award; award, including a failure of the recipient to report subawards on SAM.gov pursuant to the award term required by 2 CFR part 170. See also §§ 200.341 and 200.342; (2) By At the discretion of the Federal agency or pass-through entity. The Federal agency or pass-through entity, to the extent permitted by law, may terminate a Federal award in part or its entirety if the Federal agency or pass-through entity determines that a termination is in the interest of the Federal agency or pass-through entity, including if a Federal award does not effectuate program goals, Federal agency priorities, or the national interest as they exist at the time of the termination. See also § 200.341; (3) By mutual agreement of the parties. The Federal agency or pass-through entity may terminate a Federal award in part or its entirety with the consent of the recipient or subrecipient, in which case the two parties must agree upon the termination conditions. These conditions include the effective date of the termination and, in the case of partial termination, the portion to be terminated; (3) By or (4) Upon notification by the recipient or subrecipient. The recipient or subrecipient may terminate a Federal award in part or its entirety upon sending the Federal agency or pass-through entity a written notification of the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal agency or pass-through entity determines that the remaining portion of the Federal award will not accomplish the purposes for which the Federal award was made, the Federal agency or pass-through entity may terminate the Federal award in its entirety; or (4) By the (5) Pursuant to additional terms and conditions. The Federal agency or pass-through entity entity, to the extent permitted by law, may terminate a Federal award in part or its entirety pursuant to any additional termination provisions included in the terms and conditions of the Federal award, including, to the extent authorized by law, if an award no longer effectuates the program goals or agency priorities. award. (b) Requirements for termination provisions —(1) General requirements. The Federal agency or pass-through entity must clearly and unambiguously specify all termination provisions in the terms and conditions of the Federal award. To the extent permitted by law, and except as provided in paragraph (b)(2) of this section, the Federal agency and pass-through entity must ensure that all Federal awards allow termination for the reasons described in paragraphs (a)(1) through (4) of this section. For example, the Federal agency or pass-through entity may include a termination provision incorporating this section of the regulation by reference or including all of the reasons for termination in paragraphs (a)(1) through (4). In accordance with paragraph (a)(5) of this section, to the extent authorized by law, the Federal agency or pass-through entity may also include additional termination provisions not specified in this section. See also § 200.211(c)(1)(v). (2) Exceptions. Paragraph (a)(2) of this section does not apply to any Federal award in which inclusion of such a discretionary termination provision would conflict with a Federal statute. See §§ 200.101(d) and 200.102(b) regarding statutory conflicts and exceptions. The discretionary termination provision is generally applicable to discretionary awards, but not to Federal awards made under programs where legislation establishes an entitlement to the funds on the part of the recipient, such as block grants, those awarded based on a statutory formula, or disaster recovery grants. Consistent with Executive Order 14332, paragraph (a)(2) also does not apply to agreements entered into in furtherance of international trade agreements or those awarded by the Department of Commerce under title XCIX of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283), the CHIPS Act of 2022 (Pub. L. 117-167), or division F of the Infrastructure Investment and Jobs Act (Pub. L. 117-58). If questions arise regarding applicability of paragraph (a)(2) to specific Federal programs or types of Federal awards, Federal agencies are strongly encouraged to consult with OMB. Federal agencies must seek approval from OMB prior to allowing any class exceptions for paragraph (a)(2) related to a Federal program or type of Federal award not set forth in this paragraph (b)(2). (c) Reporting requirements related to terminations for noncompliance. When the Federal agency terminates the Federal award prior to the end of the period of performance due to the recipient's material failure to comply with the terms and conditions of the Federal award, the Federal agency must report the termination in SAM.gov. A Federal agency must use the Contractor Performance Assessment Reporting System (CPARS) to enter information in SAM.gov. (1) The information required under this paragraph (c) of this section is not to be reported in SAM.gov until the recipient has either: (i) Exhausted its opportunities to object or challenge the decision (see § 200.342); or (ii) Has not, within 30 calendar days after being notified of the termination, informed the Federal agency that it intends to appeal the decision to terminate. (2) If a Federal agency, after entering information about a termination in SAM.gov, subsequently: (i) Learns that any of that information is erroneous, the Federal agency must correct the information in the system within three business days; and (ii) Obtains an update to that information that could be helpful to other Federal agencies, the Federal agency is strongly encouraged to amend the information in the system to incorporate the update in a timely way. (3) The Federal agency must not post any information that will be made publicly available in the non-public segment of SAM.gov that is covered by a disclosure exemption under the Freedom of Information Act (FOIA). When the recipient asserts within seven calendar days to the Federal agency which posted the information that a disclosure exemption under FOIA covers some of the information made publicly available, the Federal agency that posted the information must remove the posting within seven calendar days of receiving the assertion. Before reposting the releasable information, the Federal agency must resolve the issue in accordance with the agency's FOIA procedures. (d) Closeout requirements following termination. When the Federal award is terminated in part or its entirety, the Federal agency or pass-through entity and recipient or subrecipient remain responsible for compliance with the closeout requirements in §§ 200.344 and 200.345. (e) Temporary suspension —(1) In general. The Federal agency or pass-through entity, to the extent permitted by law, may at any time issue a written order temporarily suspending a Federal award in part or its entirety if the Federal agency or pass-through entity determines that a suspension is in the interest of the Federal agency or pass-through entity. A suspension order under this provision must not exceed a period of 90 days unless the parties mutually agree to an extended period. The period of suspension will begin to run after a written order of suspension is delivered to the recipient or subrecipient. The suspension order must: (i) Direct the recipient or subrecipient to temporarily stop all or part of the activities under the Federal award; (ii) Specify the effective date, scope, and expected duration of the suspension, which may not exceed a period of 90 days unless extended by mutual agreement; and (iii) Consistent with paragraph (e)(2) of this section, direct the recipient or subrecipient to take all reasonable steps to minimize the incurrence of costs allocable to activities covered by the order during the suspension period. (2) Activities during suspension period. During the suspension period, the recipient or subrecipient must take reasonable steps to minimize the incurrence of costs allocable to activities covered by the order. See § 200.343. The Federal agency or pass-through entity may determine to cancel the suspension order before its expiration if warranted under the circumstances. The Federal agency may also proceed to terminate the Federal award in whole or in part under paragraph (a) of this section. (3) Resumption of activities following suspension period. If the suspension order is cancelled, or after the period covered by the order or any extension of the order expires, the Federal agency or pass-through entity should consider and seek to resolve any budgetary or schedule impacts resulting from the order. Consistent with law, and as appropriate and warranted under the circumstances, the Federal agency should consider making adjustments to the project schedule, project budget, or both. The recipient or subrecipient must promptly resume activities under the Federal award at the conclusion of the suspension period. (4) Inclusion of suspension provision in Federal award. The Federal agency or pass-through entity must clearly and unambiguously include the suspension provision described in this section in the terms and conditions of the Federal award. The suspension provision described in this section does not apply to any Federal award in which inclusion of such a suspension provision would conflict with a Federal statute. See §§ 200.101(d) and 200.102(b) regarding statutory conflicts and exceptions. The suspension provision is generally applicable to discretionary awards, but not to Federal awards made under programs where legislation establishes an entitlement to the funds on the part of the recipient, such as block grants, those awarded based on a statutory formula, or disaster recovery grants. If questions arise regarding applicability of the suspension provision to specific Federal programs or types of Federal awards, Federal agencies are strongly encouraged to consult with OMB. (5) Suspension for non-compliance. The suspension provision in this section does not limit the authority in § 200.339 related to a suspension for noncompliance. Consistent with law, the suspension authority in § 200.339 may apply more broadly, including under Federal programs in which the Federal agency or pass-through entity finds that the suspension provision in this section does not apply. Federal agencies must follow procedures described in § 200.342 upon initiating a remedy for noncompliance.
§ 200.341 Notification of termination requirement.amended
method: full_restatement — 651+ / 0−
88. Revise § 200.341 to read as follows:
(a) In general. The Federal agency or pass-through entity must provide written notice of termination to the recipient or subrecipient. The written notice of termination should include the reasons for termination, the effective date, and the portion of the Federal award to be terminated, if applicable. (b) Notifications of termination for noncompliance. If the Federal award is terminated for the recipient's material failure to comply with a Federal award, for the portion of the Federal award to be terminated, which may encompass up to the entirety of the Federal award, the notification must instruct the recipient or subrecipient to stop work, make no additional financial obligations, and, to the extent authorized by law, terminate all subawards and contracts related to the terminated portion of the Federal award. Consistent with § 200.342, the notification for a termination for noncompliance must also provide the recipient with an opportunity to object and provide information challenging the action. The notification must also state the following: (1) The termination decision will be reported in SAM.gov; (2) The information will be available in SAM.gov for five years from the date of the termination and then archived; (3) Federal agencies that consider making a Federal award to the recipient during the five year period must consider this information in judging whether the recipient is qualified to receive the Federal award when the Federal share of the Federal award is expected to exceed the simplified acquisition threshold over the period of performance; and (4) The recipient may comment on any information in SAM.gov about the recipient for future consideration by Federal agencies. The recipient may submit comments in SAM.gov. (5) Federal agencies should consider the recipient's comments when determining whether the recipient is qualified for a Federal award. (c) Notifications of discretionary termination. In the case of a discretionary termination under § 200.340(a)(2), the notice must provide: (1) A brief summary of the reason or reasons for finding that termination is in the interest of the Federal agency or pass-through entity. The reason or reasons may apply to an individual award or class of awards. The Federal agency or pass-through entity is not required to provide a detailed or exhaustive analysis; (2) For the portion of the Federal award to be terminated, which may encompass up to the entirety of the Federal award, instructions to the recipient or subrecipient to stop work, make no additional financial obligations, and, to the extent authorized by law, terminate all subawards and contracts related to the terminated portion of the Federal award; and (3) An opportunity for the recipient or subrecipient to submit a written statement of termination costs, which shall constitute a complete and accurate statement of all costs, financial obligations, expenditures, claims, and other commitments the recipient or subrecipient believes are relevant to the termination. Under this paragraph (c)(3), termination costs means those costs that are reasonably related to winding down activities undertaken as a result of the Federal award. See also § 200.472(a) for cost principles applicable to termination and standard closeout costs. The notice from the Federal agency or pass-through entity must provide a reasonable time for submission of the written statement (such as 30 or 60 days, as appropriate) and explain that the Federal agency or pass-through entity will consider the written statement in reaching a final decision regarding allowable costs under §§ 200.343 and 200.344. (4) The written statement of termination costs must be sufficiently detailed to permit the Federal agency or pass-through entity to evaluate the allowability, allocability, and reasonableness of the claimed costs. The written statement must represent the recipient's or subrecipient's complete presentation of termination-related costs and claims, subject to review and resolution under §§ 200.343 and 200.344. The statement of termination costs from the recipient or subrecipient must include: (i) A written statement regarding any termination costs it believes are relevant, including costs, financial obligations, expenditures, claims, and other commitments the recipient or subrecipient made in reasonable expectation of continued funding under the Federal award; the financial or programmatic impact of terminating those commitments; and any steps the recipient or subrecipient has taken, or proposes to take, to avoid, minimize, mitigate, or otherwise reduce those impacts; (ii) Documentation in support of any termination costs the recipient or subrecipient believes are relevant; and (iii) Information regarding whether commitments are cancelable, the terms for cancelling those commitments, and any penalties or costs of cancellation. If commitments are not cancellable, the written statement should explain why the commitments were not structured to allow cancellation, and whether they could have been. (iv) A certification, signed by an authorized official of the recipient or subrecipient, stating that the written statement of termination costs is true, complete, and accurate to the best of the official's knowledge and belief, and that the costs claimed: (A) Are based on records maintained in the ordinary course of business; (B) Reflect the recipient's or subrecipient's good-faith assessment of costs reasonably incurred or committed as a result of the Federal award; and (C) Do not include costs that are unallowable, speculative, or unrelated to the termination. (d) Reporting for all terminations. Upon termination of the Federal award, the Federal agency must provide the information required by the Federal Funding Accountability and Transparency Act (FFATA) to USAspending.gov. In addition, the Federal agency must update or notify any other relevant government-wide Government-wide systems or entities of any indications of poor performance as required by 41 U.S.C. 2313 and 31 U.S.C. 3321. 3354.
§ 200.342 Opportunities to object, hearings, and appeals.amended
method: full_restatement — 23+ / 0−
89. Revise § 200.342 to read as follows:
The Federal agency must maintain written procedures for processing objections, hearings, and appeals. appeals related to remedies for noncompliance. Upon initiating a remedy for noncompliance (for example, disallowed costs, a corrective action plan, or termination), termination for noncompliance), the Federal agency must provide the recipient with an opportunity to object and provide information challenging the action. The Federal agency or pass-through entity must comply with any requirements for hearings, appeals, or other administrative proceedings to which the recipient or subrecipient is entitled under any statute or regulation applicable to the action involved. The Federal agency is not required to allow for objections, hearings, and appeals related to any reasons for termination except termination for noncompliance.
§ 200.343 Effects of suspension and termination.amended
method: full_restatement — 3+ / 0−
90. Revise § 200.343 to read as follows:
(a) In general. Costs to the recipient or subrecipient resulting from financial obligations incurred by the recipient or subrecipient during a suspension or after the termination of a Federal award are not allowable unless the Federal agency or pass-through entity expressly authorizes them in the notice of suspension or termination or subsequently. However, costs during suspension or after termination are allowable if: (a) (1) The costs result from financial obligations which were properly incurred by the recipient or subrecipient before the effective date of suspension or termination, and not in anticipation of it; and (b) (2) The costs would be allowable if the Federal award was not suspended or expired normally at the end of the period of performance in which the termination takes effect. effect, provided that the recipient or subrecipient takes all reasonable steps to cancel, mitigate, or otherwise reduce such financial obligations and provides documentation of those efforts to the Federal agency upon request. (b) Costs resulting from discretionary terminations. (1) This section does not expressly require the Federal agency to authorize any additional costs to the recipient or subrecipient resulting from financial obligations incurred after the termination of a Federal award. However, as appropriate and consistent with law, upon making a discretionary termination under § 200.340(a)(2), the Federal agency may consider allowing the Federal share of necessary and reasonable costs resulting from financial obligations incurred by the recipient or subrecipient after the termination of a Federal award based on information provided by the recipient in response to the notice under § 200.341(c). (2) The decision regarding whether to allow additional costs under paragraph (b)(1) of this section is left to the reasonable discretion of the Federal agency. The Federal agency may weigh payment of additional termination costs against competing policy concerns such as responsible stewardship of Federal funds, program goals, Federal agency priorities, or the national interest.
§ 200.400 Policy guide.amended
method: paragraph_keyed — 0+ / 34−
91. In § 200.400, revise paragraph (g) to read as follows:
(g) amended
(g) The recipient or subrecipient must not earn or keep any profit resulting from Federal financial assistance unless explicitly authorized by the terms and conditions of the Federal award. See also § 200.307. When the required activities of a fixed amount award were completed in accordance with the terms and conditions of the award, the unexpended funds retained by the recipient or subrecipient are not considered profit.
6 unchanged unit(s) elided (* * *)
§ 200.401 Application.amended
method: paragraph_keyed — 0+ / 147−
92. In § 200.401:
a. Remove paragraph (a)(3);
b. Redesignate paragraphs (a)(4) through (6) as paragraphs (a)(3) through (5), respectively; and
c. Revise paragraph (c).
(c) amended
(c) Exemptions. Some nonprofit organizations, because of their size and nature of operations, can be considered to be similar to for-profit organizations in terms of the applicability of cost principles. These nonprofit organizations must operate under Federal cost principles that apply to for-profit organizations located at 48 CFR 31.2. Appendix VIII contains This exemption only applies to nonprofit organizations that receive 90 percent or more of their Federal funding in the form of contracts or operate a list of these nonprofit organizations. Other organizations Federally Funded Research and Development Center (FFRDC). Federal agencies and pass-through entities may be added not allow any exceptions to this list if policy under § 200.102(c) unless expressly required by Federal statute or approved by the cognizant agency for indirect costs. costs in coordination with OMB in extraordinary circumstances.
(a) removed
(a) General. The recipient and subrecipient must apply these principles in determining allowable costs under Federal awards. The recipient and subrecipient must also use these principles as a guide in pricing fixed-price contracts and subcontracts when costs are used in determining the appropriate price. These cost principles do not apply to: (1) Arrangements under which Federal financing is in the form of loans, scholarships, fellowships, traineeships, or other fixed amounts based on items such as education allowance or published tuition rates and fees. (2) Capitation awards based on case counts or the number of beneficiaries. (3) Fixed amount awards, except as provided in § 200.101(b). See also § 200.201. (4) Federal awards to hospitals (see Appendix IX of this part). (5) Food commodities provided through grants and cooperative agreements. (6) Other awards under which the recipient or subrecipient is not required to account for actual costs incurred.
1 unchanged unit(s) elided (* * *)
§ 200.402 Composition of costs.amended
method: full_restatement — 0+ / 1−
93. Revise § 200.402 to read as follows:
The total cost of a Federal award is the sum of the allowable direct and allocable indirect costs minus any applicable credits credits.
§ 200.403 Factors affecting allowability of costs.amended
method: paragraph_keyed — 0+ / 0−
94. In § 200.403, revise paragraph (g) to read as follows:
(g) amended
(g) Be adequately documented. See §§ 200.300 through 200.309. 200.309 and 200.334 through 200.338.
7 unchanged unit(s) elided (* * *)
§ 200.405 Allocable costs.amended
method: paragraph_keyed — 0+ / 0−
95. In § 200.405, revise paragraph (d) to read as follows:
(d) amended
(d) Direct cost allocation principles. If a cost benefits two or more projects or activities in proportions that can be determined without undue effort or cost, the cost must be allocated to the projects based on the proportional benefit. However, when those proportions cannot be determined because of the interrelationship of the work involved, then, notwithstanding paragraph (c), (c) of this section, the costs may be allocated or transferred to benefitted benefited projects on any reasonable documented basis. Where the purchase of equipment or other capital asset is specifically authorized under a Federal award, the costs are assignable to the Federal award regardless of the use that may be made of the equipment or other capital asset involved, when no longer needed for the purpose for which it was originally required. See also §§ 200.310 through 200.316 and 200.439.
4 unchanged unit(s) elided (* * *)
§ 200.407 Prior written approval (prior approval).amended
method: paragraph_keyed — 0+ / 6−
96. In § 200.407:
a. Remove paragraph (d);
b. Redesignate paragraphs (e) through (l) as paragraphs (d) through (k), respectively; and
c. Insert a new paragraph (l).
(l) amended
(l) Section 200.447 Insurance 200.454 Memberships, subscriptions, and indemnification; professional activity costs;
(d) removed
(d) Section 200.333 Fixed amount subawards;
14 unchanged unit(s) elided (* * *)
§ 200.421 Advertising and public relations.amended
method: full_restatement — 6+ / 284−
97. Revise § 200.421 to read as follows:
(a) The term In general. Except as provided in paragraph (b) of this section, advertising and public relations costs means the costs of advertising media and corollary administrative costs. Advertising media includes, but is not limited to, (including those related to magazines, newspapers, radio and television, direct mail, exhibits, and electronic or computer transmittals. transmittals) are unallowable under Federal awards and may not be charged directly, indirectly, or through another cost allocation methodology. (b) Exceptions. The only allowable exceptions to paragraph (a) of this section are for advertising and public relation costs specifically required by Federal statute or advertising costs are those which are solely for: (1) The recruitment of personnel required by the recipient or subrecipient for the performance of a Federal award (See also § 200.463); (2) The procurement of goods and services for the performance of a Federal award; (3) (2) The disposal of scrap or surplus materials acquired in the performance of a Federal award except when the recipient or subrecipient is reimbursed for disposal costs at a predetermined amount; or (4) (3) Program advertising and outreach (for example, recruiting project participants) and other specific purposes necessary to meet the Federal award requirements. (c) The term “public relations” includes community relations and means those activities dedicated to maintaining the recipient's or subrecipient's image or maintaining or promoting understanding and favorable relations with the community or public at large or any segment of the public. (d) The only allowable public relations costs are: (1) Costs specifically required by the Federal award; (2) Costs of communicating with the public and press about specific activities or accomplishments which result from the performance of the Federal award (these costs are considered necessary as part of the outreach effort for the Federal award); or (3) Costs of conducting general liaison with news media and government public relations officers, to the extent that such activities are limited to communication and liaison necessary to keep the public informed on matters of public concern, such as notices of funding opportunities or financial matters. (e) Unallowable advertising and public relations costs include the following: (1) All advertising and public relations costs other than as specified in paragraphs (b) and (d) of this section; (2) Costs of meetings, conventions, conferences, or other events related to other activities of the entity (see also § 200.432), including: (i) Costs of displays, demonstrations, and exhibits; (ii) Costs of meeting rooms, hospitality suites, and other special facilities used in conjunction with shows and other special events; and (iii) Salaries and wages of employees engaged in setting up and displaying exhibits, making demonstrations, and providing briefings; (3) Costs of promotional items and memorabilia; (4) Costs of advertising and public relations designed solely to promote the recipient or subrecipient.
§ 200.429 Commencement and convocation costs.amended
method: full_restatement — 0+ / 0−
98. Revise § 200.429 to read as follows:
For IHEs, costs Costs incurred for commencements and convocations are unallowable, except as activity costs provided for in Appendix III, (B)(9) Student Administration and Services. unallowable.
§ 200.430 Compensation—personal services.amended
method: paragraph_keyed — 0+ / 1−
99. In § 200.430, revise paragraph (h) and paragraph (i) introductory text to read as follows:
(h) amended
(h) Nonprofit organizations. This paragraph (h) provides guidance specific policy applicable only to only nonprofit organizations. For compensation to members of nonprofit organizations, trustees, directors, associates, officers, or the immediate families thereof, a determination must be made that the compensation is reasonable for the actual personal services rendered rather than a distribution of earnings above actual costs. Compensation may include director's and executive committee member's fees, incentive awards, off-site or incentive pay, location allowances, hardship pay, and cost-of-living differentials.
(i) amended
(i) Costs Institutions of leaves of absence by employees for performance of graduate work or sabbatical study, travel, or research are allowable, provided the IHE has a uniform written Higher Education (IHEs). This paragraph (h) provides policy on sabbatical leave for persons engaged in instruction and persons engaged in research. These costs must be allocated equitably among all related activities of the IHE. (ii) Where sabbatical leave is included in fringe benefits for which a cost is determined for assessment as a direct charge, the aggregate amount of such assessments only applicable to all work of the institution during the base period must be reasonable in relation to the IHE's actual experience under its sabbatical leave policy. (8) Salary rates for non-faculty members. Non-faculty full-time professional personnel may also earn “extra service pay” in accordance with the IHE's written policy and paragraph (i)(1)(i). IHEs.
8 unchanged unit(s) elided (* * *)
§ 200.432 Conferences.amended
method: paragraph_keyed — 35+ / 0−
100. In § 200.432:
a. Designate the undesignated paragraph as paragraph (a); and
b. Add paragraph (b).
(b) added
(b) The costs for attending conferences are allowable only if participation in the conference is expressly approved by the Federal agency and included in the terms and conditions of the Federal award. See § 200.475.
§ 200.438 Entertainment and prizes.amended
method: paragraph_keyed — 0+ / 28−
101. In § 200.438, revise paragraph (b) to read as follows:
(b) amended
(b) Prizes. Costs of prizes or challenges are allowable if they have a specific and direct programmatic purpose and are included in the Federal award. Federal agencies should refer to OMB guidance in M-10-11 “Guidance on the Use of Challenges and Prizes to Promote Open Government,” issued March 8, 2010, or its successor.
1 unchanged unit(s) elided (* * *)
§ 200.442 Fundraising and investment management costs.amended
method: paragraph_keyed — 28+ / 0−
102. In § 200.442, revise paragraphs (b) and (c) to read as follows:
(b) amended
(b) Costs of investment counsel and staff and similar expenses incurred to enhance income from investments are unallowable except when associated with investments covering pension, self-insurance, or other funds, which include Federal participation allowed by this part. Such costs are only allowable with the prior written approval of the Federal agency.
(c) amended
(c) Costs related to the physical custody and control of monies and securities are allowable. Such costs are only allowable with the prior written approval of the Federal agency.
2 unchanged unit(s) elided (* * *)
§ 200.444 General costs of government.amended
method: full_restatement — 45+ / 48−
103. Revise § 200.444 to read as follows:
(a) For states, States, local governments, and Indian Tribes, the general costs of government are unallowable except as provided in § 200.475. (b) General costs of government are those costs related to the general activities of the executive, legislative, or judicial branches of government, including general activities related to public safety, public information, citizenship, enrollment, or taxation that are not related to a specific Federal award. Unallowable costs may include: (1) Salaries and expenses of the Office of the Governor of a State or the chief executive of a local government or the chief executive of an Indian Tribe; (2) Salaries and other expenses of a State legislature, tribal council, or similar local governmental body, such as a county supervisor, city council, or school board, whether incurred for purposes of legislation or executive direction; (3) Costs of the judicial branch of a government; (4) Costs of prosecutorial activities unless treated as a direct cost to a specific program if authorized by statute or regulation. However, this does not preclude the allowability of other legal activities of the Attorney General as described in § 200.435; and (5) Costs of other general types of government services normally provided to the general public, such as fire and police, unless provided as a direct cost under a program statute or regulation. (b) Indian Tribes and Councils of Governments (COGs) (see definition for Local government in § 200.1) may include up to 50 percent of salaries and expenses directly attributable to managing and operating Federal programs by the chief executive and their staff in the indirect cost calculation without documentation.
§ 200.450 Lobbying.amended
method: paragraph_tree — 130+ / 118−
104. In § 200.450:
a. Revise paragraph (a);
b. Redesignate paragraphs (c)(1)(iii) and (iv) as paragraphs (c)(1)(vi) and (vii), respectively; and
c. Add new paragraphs (c)(1)(iii) and (iv) and paragraph (c)(1)(v).
(a) amended
(a) Lobbying costs associated with obtaining Federal assistance awards. The costs of certain influencing activities associated with obtaining grants, cooperative agreements, contracts, or loans are unallowable. Lobbying with respect to certain grants, cooperative agreements, contracts, and loans is governed by relevant statutes, including the provisions of 31 U.S.C. 1352, as well as the common rule, “New Restrictions on Lobbying,” published on February 26, 1990, including definitions, and the Office of Management and Budget “Government-wide Guidance for New Restrictions on Lobbying” and notices published on December 20, 1989, June 15, 1990, January 15, 1992, and January 19, 1996. by:
(a)(1) added
(1) Relevant statutes, including the provisions of 31 U.S.C. 1352;
(a)(2) added
(2) Regulations, for example “New Restrictions on Lobbying,” (55 FR 6739, February 26, 1990), including the definitions; and
(a)(3) added
(3) Other applicable OMB guidance.
(c)(1)(iii) amended
(iii) Any attempt to influence: Establishing, administering, contributing to, or paying the expenses of a voter registration campaign, voter registration drive, or any similar activity, or paying the expenses of another entity engaged in such activities;
(c)(1)(iv) added
(iv) Engaging in issue advocacy or public messaging that promotes or opposes a particular social, political, or public policy position unrelated to the statutory objectives or performance requirements of the Federal award, including messaging designed to influence public attitudes on matters not necessary to accomplish the purpose of the Federal award;
(c)(1)(v) added
(v) Attempting to influence the executive branch of any State government on matters unrelated to the objectives or performance requirements of the Federal award, including attempts to affect State agency policymaking, rulemaking, or administrative actions for purposes other than carrying out objectives of the Federal award;
(c)(1)(iii)(A) removed
(A) The introduction of Federal or State legislation;
(c)(1)(iii)(B) removed
(B) The enactment or modification of any pending Federal or State legislation through communication with any member or employee of the Congress or State legislature (including efforts to influence State or local officials to engage in similar lobbying activity);
(c)(1)(iii)(C) removed
(C) The enactment or modification of any pending Federal or State legislation by preparing, distributing, or using publicity or propaganda or by urging members of the general public, or any segment thereof, to contribute to or participate in any mass demonstration, march, rally, fundraising drive, lobbying campaign or letter writing or telephone campaign; or
(c)(1)(iii)(D) removed
(D) Any government official or employee in connection with a decision to sign or veto enrolled legislation;
§ 200.454 Memberships, subscriptions, and professional activity costs.amended
method: full_restatement — 6+ / 13−
105. Revise § 200.454 to read as follows:
(a) Costs of the recipient's or subrecipient's membership in professional, civic, business, technical, and professional technical organizations are allowable. allowable if necessary to fulfill the award requirements. Such costs must receive prior written approval of the Federal agency. (b) Costs of the recipient's or subrecipient's subscriptions to business, professional, academic, and technical periodicals are allowable. unallowable. (c) Costs of membership in any civic or community organization are allowable. (d) Costs of membership in any country club or social or dining club or organization are unallowable. (e) (d) Costs of membership in organizations whose primary purpose is lobbying or issue advocacy are unallowable. See § 200.450.
§ 200.455 Organization costs.amended
method: paragraph_keyed — 21+ / 0−
106. In § 200.455, revise paragraph (c) to read as follows:
(c) amended
(c) The costs related to data and evaluation are allowable. Data costs include (but are not limited to) the expenditures needed to gather, acquire, store, track, manage, analyze, disaggregate, secure, share, publish, or otherwise use data to administer or improve the program, such as data systems, personnel, data dashboards, cybersecurity, and related items. Data costs may also include direct or indirect costs associated with building integrated data systems—data systems that link individual-level data from multiple State and local government agencies for purposes of management, research, and evaluation. Data costs related to integrated data systems should align with the finalized Federal grants data standards as published on Grants.gov. Evaluation costs include (but are not limited to) evidence reviews, evaluation planning and feasibility assessment, conducting evaluations, sharing evaluation results, and other personnel or materials costs related to the effective building and use of evidence and evaluation for program design, administration, or improvement.
2 unchanged unit(s) elided (* * *)
§ 200.461 Publication and printing costs.amended
method: full_restatement — 0+ / 0−
107. Revise § 200.461 to read as follows:
(a) Publication In general. Except as provided in paragraph (b) of this section, publication costs for electronic and print media, including distribution, promotion, and general handling, are allowable. These costs should be allocated as indirect costs to all benefiting activities of the recipient or subrecipient if they are not identifiable with a particular cost objective. (b) Page (including page charges, article processing charges (APCs), or similar fees such as open access fees for professional journal publications and other peer-reviewed publications resulting from publications) are unallowable under Federal awards. Printing costs (including distribution and general handling) are allowable. (b) Exceptions. The only exceptions to paragraph (a) of this section are for publication costs that are specifically required by Federal statute or approved in advance by the Federal agency on a case-by-case basis. A general requirement to make results publicly available must not be construed as authorizing publication costs. (c) Requirements. (1) Allowable publication costs included in the terms and conditions of a Federal award are allowable where: (1) must meet the following requirements: (i) The publications report work supported by the Federal Government; and (2) (ii) The charges are levied impartially on all items published by the journal, whether or not under a Federal award. (3) (2) The recipient or subrecipient may charge the Federal award during closeout for the costs of publication or sharing of research results if the costs were not incurred during the period of performance of the Federal award. These costs must be charged to the final budget period of the award unless otherwise specified by the Federal agency.
§ 200.467 Selling and marketing costs.amended
method: full_restatement — 0+ / 1−
108. Revise § 200.467 to read as follows:
Costs of selling and marketing any products or services of the recipient or subrecipient are unallowable unless they are allowed under § 200.421 expressly included in the Federal award and are necessary to meet the requirements of the Federal award.
§ 200.472 Termination and standard closeout costs.amended
method: paragraph_tree — 0+ / 12−
109. In § 200.472, revise paragraph (a)(5) introductory text to read as follows:
(a)(5) amended
(5) The following settlement expenses are generally allowable. allowable:
(a)(5)(i) removed
(i) Accounting, legal, clerical, and similar costs that are reasonably necessary for:
§ 200.475 Travel costs.amended
method: paragraph_keyed — 0+ / 1−
110. In § 200.475, revise paragraph (d) to read as follows:
(d) amended
(d) Establishing rates and amounts. In the absence of an established written policy regarding travel costs, the rates and amounts established under 5 U.S.C. 5701-11 (“Travel and Subsistence Expenses; Mileage Allowances”), 5701-11, by the Administrator of General Services, or by the President (or their designee) pursuant to any provisions of such subchapter must apply to travel under Federal awards (48 CFR 31.205-46(a)).
7 unchanged unit(s) elided (* * *)
§ 200.477 Abortion.added
method: full_restatement — 14+ / 0−
111. Add § 200.477 to read as follows:
Costs associated with elective abortions are unallowable, except as expressly authorized by Federal law.
§ 200.503 Relation to other audit requirements.amended
method: paragraph_keyed — 2+ / 0−
112. In § 200.503, revise paragraph (b) to read as follows:
(b) amended
(b) Conducting additional audits. Notwithstanding paragraph (a) of this section, a Federal agency, Inspectors Inspector General, or GAO may conduct or arrange additional audits to carry out its responsibilities only under applicable Federal statute or regulation. statutes. The provisions of this part do not authorize any non-Federal entity to constrain, in any manner, such Federal agency from carrying out or arranging for such additional audits, except that the Federal agency must plan such audits not to be duplicative of other audits of Federal awards. Prior to commencing such an audit, the Federal agency or pass-through entity must review the FAC for recent audits submitted by the non-Federal entity, and to the extent such audits meet a Federal agency or pass-through entity's needs, the Federal agency or pass-through entity must rely upon and use such audits. Any additional audits must be planned and performed in such a way as to build upon work performed, including the audit documentation, sampling, and testing already performed by other auditors.
4 unchanged unit(s) elided (* * *)
§ 200.507 Program-specific audits.amended
method: paragraph_tree — 134+ / 0−
113. In § 200.507, revise paragraph (c)(1) to read as follows:
(c)(1) added
(1) Submission deadline and public availability. The audit must be completed and submitted in accordance with paragraph (c)(2) or (3) of this section. Unless a different period is specified in the program-specific audit guide, the audit must be submitted within 30 calendar days after the auditee receives the auditor's report(s) or nine months after the end of the audit period (whichever is earlier). The submission is due the next business day when the due date falls on a Saturday, Sunday, or Federal holiday. Unless restricted by Federal law or regulation, the auditee must make copies of the reporting package available for public inspection. Auditees and auditors must ensure that their respective parts of the reporting package do not include personally identifiable information (PII) and other information subject to protections against disclosure under applicable law.
§ 200.512 Report submission.amended
method: paragraph_tree — 0+ / 2−
114. In § 200.512, revise paragraphs (a)(2) and (b)(2)(ii) to read as follows:
(a)(2) amended
(2) The auditee must make copies available for public inspection unless restricted by Federal statute or regulation. Auditees and auditors must ensure that their respective parts of the reporting package do not include protected personally identifiable information. information (PII) and other information subject to protections against disclosure under applicable law.
(b)(2)(ii) amended
(ii) The reporting package does not include protected personally identifiable information; information (PII) and other information subject to protections against disclosure under applicable law;
§ 200.513 Responsibilities.amended
method: paragraph_tree — 105+ / 0−
115. In § 200.513, revise paragraphs (c)(4) and (c)(6)(vii) to read as follows:
(c)(4) added
(4) Provide OMB with updates to the compliance supplement. These updates include working with OMB to ensure that the compliance supplement focuses the auditor on testing the compliance requirements most likely to cause improper payments, fraud, waste, abuse, or generate audit findings for which the Federal agency will take action in accordance with § 200.505. Prior to submitting compliance supplement drafts to OMB, Federal agencies should engage with external audit stakeholders, the Federal agency's Office of Inspector General, and the National Single Audit Coordinator (NSAC).
(c)(6)(vii) added
(vii) Ensure the Federal agency provides OMB with updates to the compliance supplement consistent with the compliance supplement preparation guide.
§ 200.514 Standards and scope of audit.amended
method: paragraph_tree — 12+ / 0−
116. In § 200.514, revise paragraph (c)(1) to read as follows:
117. In appendix I to part 200:
a. Revise paragraphs (a)(3)(i) through (viii), (b)(1)(i)(H), (b)(3), and (b)(4)(ii)(A) and (B);
b. Remove paragraph (b)(4)(ii)(D);
c. Redesignate paragraphs (b)(4)(ii)(E) through (J) as paragraphs (b)(4)(ii)(D) through (I), respectively; and
d. Revise paragraphs (b)(5)(iii) and (iv), (b)(6)(iii)(A)( 2 ), and (b)(8)(ii)(C).
118. In appendix II to part 200, revise paragraph (C) to read as follows:
119. Remove and reserve appendix VIII to part 200.
120. Revise appendix IX to part 200 to read as follows:
(c)(1) added
(1) The compliance supplement provides guidance on internal controls over Federal programs.
Part 300 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
3 amended · kinds {"amended": 3} · methods {"full_restatement": 2, "paragraph_keyed": 1}
§ 300.106 Adoption of 2 CFR part 200.amended
method: full_restatement — 0+ / 0−
122. Revise § 300.106 to read as follows:
The Department of Health and Human Services adopts the Office of Management and Budget (OMB) guidance regulation in 2 CFR part 200, with the additions included in this part and part 376 of this chapter. Thus, this This part gives regulatory effect to the OMB guidance regulation for Federal awards issued by the Department of Health and supplements Human Services. See 2 CFR 200.110(a) regarding the guidance as needed process for the Department. amending 2 CFR part 200.
§ 300.300 [Removed and Reserved]amended
method: paragraph_keyed
123. Remove and reserve § 300.300.
6 unchanged unit(s) elided (* * *)
§ 300.414 Indirect costs.amended
method: full_restatement — 1+ / 0−
124. Revise § 300.414 to read as follows:
In addition to 2 CFR 200.414(c), the following specific indirect cost provisions apply: (a) Indirect costs on training grants are limited to a fixed rate of eight percent of MTDC exclusive of tuition and related fees, direct expenditures for equipment, and subawards in excess of $25,000; and (b) Indirect costs on grants awarded to foreign organizations and foreign public entities and performed fully outside of the territorial limits of the U.S. may be paid to support the costs of compliance with federal Federal requirements at a fixed rate of eight percent of MTDC exclusive of tuition and related fees, direct expenditures for equipment, and subawards in excess of $25,000; and (c) Negotiated indirect costs may be paid to the American University, Beirut, and the World Health Organization. $25,000.
Part 376 — NONPROCUREMENT DEBARMENT AND SUSPENSION
6 amended · kinds {"amended": 4, "added": 2} · methods {"full_restatement": 5, "paragraph_keyed": 1}
§ 376.5 What does this part do?added
method: full_restatement — 102+ / 0−
127. Revise newly redesignated §§ 376.5 and 376.10 to read as follows:
This part adopts the Office of Management and Budget (OMB) regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the Department of Health and Human Services (HHS or Department) policies and procedures for nonprocurement debarment and suspension. This part gives regulatory effect to the OMB regulation for Federal awards issued by HHS as supplemented by this part. This part satisfies the requirements in 2 CFR 180.20, section 3 of Executive Order 12549, “Debarment and Suspension”, Executive Order 12689, “Debarment and Suspension”, and 31 U.S.C. 6101 note (section 2455, Pub. L. 103-355, 108 Stat. 3327).
§ 376.10 What policies and procedures must I follow?amended
method: full_restatement — 58+ / 0−
126. Redesignate §§ 376.10 and 376.30 as §§ 376.5 and 376.10, respectively.
This part adopts The policies and procedures that you must follow are the Office policies and procedures specified in each applicable section of Management and Budget (OMB) guidance the OMB regulation in subparts A through I of 2 CFR part 180, including the corresponding sections that HHS published in this part identified by the same section number. The contracts under a nonprocurement transaction, that are covered transactions, for example, are specified by 2 CFR 180.220 as supplemented by § 376.220. For any section of OMB regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, as the Department of Health and Human Services (HHS or Department) HHS policies and procedures for nonprocurement debarment and suspension. HHS thereby gives regulatory effect to are those in the OMB guidance as supplemented by this part. This part satisfies the requirements in regulation at 2 CFR 180.20, section 3 of Executive Order 12549, “Debarment and Suspension”, Executive Order 12689, “Debarment and Suspension” and 31 U.S.C. 6101 note (Section 2455, Pub. L. 103-355, 108 Stat. 3327). part 180.
§ 376.20 [Redesignated as § 376.120 and Transferred to Subpart A]amended
method: paragraph_keyed
128. Redesignate § 376.20 as § 376.120 and transfer newly redesignated § 376.120 to subpart A.
4 unchanged unit(s) elided (* * *)
§ 376.120 Does this part apply to me?added
method: full_restatement — 105+ / 0−
129. Revise newly redesignated § 376.120 to read as follows:
This part and, through this part, pertinent portions of the OMB regulation in subparts A through I of 2 CFR part 180 (see table 2 to 2 CFR 180.100(b)), apply to you if you are a— (a) Participant or principal in a “covered transaction” under subpart B of 2 CFR part 180, as supplemented by this part, and the definition of nonprocurement transaction” at 2 CFR 180.970. (b) Respondent in HHS suspension or debarment action. (c) HHS debarment or suspension official. (d) HHS grants officer, agreements officer, or other HHS official authorized to enter into any type of nonprocurement transaction that is a covered transaction.
§ 376.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
130. Revise § 376.220 to read as follows:
In addition to the contracts covered under 2 CFR 180.220(b), this part also applies to all lower tiers of subcontracts under covered nonprocurement transactions, as permitted under the OMB guidance regulation at 2 CFR 180.220(c). (See optional lower tier coverage in the diagram in the appendix A to 2 CFR part 180.)
§ 376.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
131. Revise § 376.437 to read as follows:
To communicate to a participant the requirements described in 2 CFR 180.435, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and require the participant to include a similar term or condition in lower-tier covered transactions.
Part 382 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)
4 amended · kinds {"amended": 4} · methods {"full_restatement": 4}
§ 382.10 What does this part do?amended
method: full_restatement — 0+ / 0−
133. Revise §§ 382.10 through 382.30 to read as follows:
This part requires that the award and administration of HHS Department of Health and Human Services (HHS) grants and cooperative agreements comply with Office of Management and Budget (OMB) guidance regulation implementing the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707, 8101-8106, as amended, hereafter hereinafter referred to as “the Act”) that applies to grants. It thereby— This part— (a) Gives regulatory effect to Adopts the OMB guidance (Subparts regulation (subparts A through F of 2 CFR part 182) for the HHS grants and cooperative agreements; and (b) Establishes HHS policies and procedures for compliance with the Act that are the same as those of other Federal agencies, in conformance with the requirement in 41 U.S.C. 705 8106 for Governmentwide implementing regulations.
§ 382.20 Does this part apply to me?amended
method: full_restatement — 0+ / 2−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through F of 2 CFR part 182 (see table at 2 CFR 182.115(b)) apply to you if you are a— (a) Recipient of an HHS grant or cooperative agreement; or (b) HHS awarding official.
§ 382.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 0−
(a) General. You must follow the policies and procedures specified in applicable sections of the OMB guidance regulation in subparts A through F of 2 CFR part 182, as implemented by this part. (b) Specific sections of OMB guidance regulation that this part supplements. In implementing the OMB guidance regulation in 2 CFR part 182, this part supplements four sections of the guidance, OMB regulation, as shown in the following table. For each of those sections, you must follow the policies and procedures in the OMB guidance, regulation, as supplemented by this part. (c) Sections of the OMB guidance regulation that this part does not supplement. For any section of OMB guidance regulation in subparts A through F of 2 CFR part 182 that is not listed in paragraph (b) of this section, HHS policies and procedures are the same as those in the OMB guidance. regulation.
§ 382.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB regulation?amended
method: full_restatement — 0+ / 0−
134. Revise § 382.400 to read as follows:
To obtain a recipient's agreement to comply with applicable requirements in the OMB guidance regulation at 2 CFR part 182, you must include the following term or condition in the award: Drug-free workplace. You as the recipient must comply with drug-free workplace requirements in Subpart subpart B (or Subpart subpart C, if the recipient is an individual) of part 382, which adopts the Governmentwide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707). 8101-8106).
Part 400 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"amended": 1, "added": 1} · methods {"paragraph_keyed": 1, "full_restatement": 1}
§ 400.0 [Redesignated as §§ 400.1, 400.106, and 400.112]amended
method: paragraph_keyed
136. Redesignate §§ 400.0, 400.1, and 400.2 as §§ 400.1, 400.106, and 400.112, respectively.
§ 400.106 Agency implementation.added
method: full_restatement — 71+ / 0−
137. Revise newly redesignated § 400.106 to read as follows:
This part adopts the OMB regulation in subparts A through F of 2 CFR part 200, as supplemented by this chapter, as USDA policies and procedures for uniform administrative requirements, cost principles, and audit requirements for Federal awards. This part gives regulatory effect to the OMB regulation, as supplemented by this chapter, for Federal awards issued by USDA. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.
Part 417 — NONPROCUREMENT DEBARMENT AND SUSPENSION
5 amended · kinds {"amended": 5} · methods {"full_restatement": 5}
§ 417.10 What does this part do?amended
method: full_restatement — 0+ / 0−
139. Revise §§ 417.10 through 471.30 to read as follows:
This part adopts the OMB guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the USDA policies and procedures for nonprocurement debarment and suspension. It thereby This part gives regulatory effect for the USDA to the OMB guidance, regulation, as supplemented by this part. For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, USDA policies and procedures are those in the OMB guidance. regulation. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR, 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR, 1989 Comp., p. 235) 235), and 31 U.S.C. 6101 note (Section (section 2455, Pub. L. 103-355, 108 Stat. 3327).
§ 417.20 Does this part apply to me?amended
method: full_restatement — 0+ / 0−
Through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a: (a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970, as supplemented by §§ 417.215 and 417.220); (b) Respondent in a USDA debarment and suspension action; (c) USDA debarment or suspension official; or (d) USDA grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction.
§ 417.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 0−
140. Revise subparts C and D to read as follows:
The USDA policies and procedures that you must follow are the policies and procedures specified in this regulation part and each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by 2 CFR 180.220 as supplemented by § 417.220. For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, USDA policies and procedures are those in the OMB guidance. regulation.
§ 417.332 What methods must I use to pass down requirements to participants in lower tier covered transactions with whom I intend to do business?amended
method: full_restatement — 0+ / 7−
You as a participant must include a term or condition in lower tier covered transactions requiring lower tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by subpart C of this part. subpart.
§ 417.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
To communicate to a participant the requirements described in 2 CFR 180.435, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower tier covered transactions.
Part 421 — REQUIREMENTS FOR DRUG—FREE WORKPLACE (FINANCIAL ASSISTANCE)
4 amended · kinds {"amended": 4} · methods {"full_restatement": 4}
§ 421.10 What does this part do?amended
method: full_restatement — 1+ / 0−
142. Revise §§ 421.10 through 421.30 to read as follows:
This part requires that the award and administration of USDA U.S. Department of Agriculture (USDA) grants and cooperative agreements comply with the Office of Management and Budget (OMB) guidance regulation implementing the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 8101-8106, as amended, hereafter hereinafter referred to as “the Act”) that applies to grants. It thereby— This part— (a) Gives regulatory effect to Adopts the OMB guidance (Subparts regulation (subparts A through F of 2 CFR part 182) for USDA's grants and cooperative agreements; and (b) Establishes USDA policies and procedures for compliance with the Act that are the same as those of other Federal agencies, in conformance with the requirement in 41 U.S.C. 8106 for Governmentwide implementing regulations.
§ 421.20 Does this part apply to me?amended
method: full_restatement — 0+ / 2−
This part and, through this part, pertinent portions of the OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182 (see table at 2 CFR 182.115(b)) apply to you if you are a— (a) Recipient of a USDA grant or cooperative agreement; or (b) USDA awarding official.
§ 421.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 0−
(a) General. You must follow the policies and procedures specified in applicable sections of the OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182, as implemented by this part. (b) Specific sections of OMB guidance regulation that this part supplements. In implementing the OMB guidance regulation in 2 CFR part 182, this part supplements four sections of the guidance, OMB regulation, as shown in the following table. For each of those sections, you must follow the policies and procedures in the OMB guidance, regulation, as supplemented by this part. (c) Sections of the OMB guidance regulation that this part does not supplement. For any section of OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182 that is not listed in paragraph (b) of this section, USDA policies and procedures are the same as those in the OMB guidance. regulation.
§ 421.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB regulation?amended
method: full_restatement — 2+ / 0−
143. Revise § 421.400 to read as follows:
To obtain a recipient's agreement to comply with applicable requirements in the OMB guidance regulation at 2 CFR part 182, you must include the following term or condition in the award: Drug-free workplace. You as the recipient must comply with drug-free workplace requirements in Subpart subpart B (or Subpart subpart C, if the recipient is an individual) of 2 CFR part 421, which adopts the Governmentwide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 8101-8106).
Part 600 — THE UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
3 amended · kinds {"amended": 2, "added": 1} · methods {"full_restatement": 2, "paragraph_keyed": 1}
§ 600.101 Applicability.amended
method: full_restatement — 5+ / 6−
145. Revise § 600.101 to read as follows:
Under the authority listed above, the (a) The Department of State adopts the Office of Management and Budget (OMB) Guidance regulation in 2 CFR part 200, except for: (a) as follows: (1) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards set forth in 2 CFR part 200 (Subparts (subparts A through F) shall apply to all non-Federal entities, except as noted below. (b) in paragraph (a)(2) of this section. (2) Subparts A through E of 2 CFR part 200 shall apply to all foreign organizations not recognized as Foreign Public Entities and Subparts subparts A through D of 2 CFR part 200 shall apply to all U.S. and foreign for-profit entities, except where the Federal awarding agency determines that the application of these subparts would be inconsistent with the international obligations of the United States or the statute or regulations of a foreign government. The Federal Acquisition Regulation (FAR) at 48 CFR part 30, Cost Accounting Standards, parts 30 and Part 31 Contract Cost Principles and Procedures takes precedence over the cost principles in Subpart subpart E of 2 CFR part 200 for Federal awards to U.S. and foreign for-profit entities. Thus, this (b) This part gives regulatory effect to the OMB guidance and supplements regulation for Federal awards issued by the guidance as needed Department of State. See 2 CFR 200.110(a) regarding the process for the Department. amending 2 CFR part 200.
§ 600.201 Use of grants and cooperative agreements.added
method: full_restatement — 38+ / 0−
146. Add § 600.201 to read as follows:
Notwithstanding 2 CFR 200.201(b), the DOS is permitted to issue fixed amount awards for Foreign Assistance and Public Diplomacy programs according to DOS internal policies and procedures that support the effective oversight and financial management of such awards.
§ 600.205 [Redesignated as § 600.206]amended
method: paragraph_keyed
147. Redesignate § 600.205 as § 600.206.
Part 601 — NONPROCUREMENT DEBARMENT AND SUSPENSION
6 amended · kinds {"amended": 6} · methods {"full_restatement": 6}
§ 601.10 What does this part do?amended
method: full_restatement — 0+ / 0−
149. Revise §§ 601.10 through 601.30 to read as follows:
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the DOS Department of State (DOS) policies and procedures for nonprocurement debarment and suspension. It thereby This part gives regulatory effect for DOS to the OMB guidance regulation as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189); Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235); and section 2455 of the Federal Acquisition Streamlining Act of 1994, Pub. L. Public Law 103-355 (31 U.S.C. 6101 note).
§ 601.20 Does this part apply to me?amended
method: full_restatement — 0+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970); (b) Respondent in a DOS suspension or debarment action; (c) DOS debarment or suspension official; and (d) DOS grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction.
§ 601.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 0−
150. Revise subparts B through D to read as follows:
The DOS policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180 and any supplemental policies and procedures set forth in this part.
§ 601.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
In addition to the contracts covered under 2 CFR 180.220(b) of the OMB guidance, 180.220(b), this part applies to any contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the contract is to be funded or provided by the DOS under a covered nonprocurement transaction and the amount of the contract is expected to equal or exceed $25,000. This extends the coverage of the DOS nonprocurement suspension and debarment requirements to all lower tiers of subcontracts under covered nonprocurement transactions, as permitted under the OMB guidance regulation at 2 CFR 180.220(c) (see optional lower tier coverage in the figure in the appendix A to 2 CFR part 180).
§ 601.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
You, as a participant, must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart.
§ 601.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
151. Under the authority of 5 U.S.C. 301; Sec. 621, Public Law 87-195, 75 Stat 445, (22 U.S.C. 2381) as amended, E.O. 12163, Sept 29, 1979, 44 FR 56673; 2 CFR 1979 Comp., p. 435, remove chapter VII.
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions.
Part 801 — NONPROCUREMENT DEBARMENT AND SUSPENSION
7 amended · kinds {"amended": 7} · methods {"full_restatement": 7}
§ 801.10 What does this part do?amended
method: full_restatement — 9+ / 0−
153. Revise §§ 801.10 through 801.30 to read as follows:
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the Department of Veterans Affairs (VA) policies and procedures for nonprocurement debarment and suspension. It thereby This part gives regulatory effect to the OMB regulation, as supplemented by this part, for the Department of Veterans Affairs to the OMB guidance as supplemented by this part. Veteran Affairs. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235) 235), and 31 U.S.C. 6101 note (Section (section 2455, Pub. L. 103-355, 108 Stat. 3327).
§ 801.20 Does this part apply to me?amended
method: full_restatement — 0+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see Subpart subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970, as supplemented by Subpart subpart B of this part); (b) Respondent in a Department of Veterans Affairs debarment or suspension action; (c) Department of Veterans Affairs debarment or suspension official; or (d) Department of Veterans affairs grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction.
§ 801.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 7−
154. Revise subparts A through D to read as follows:
For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, Department of Veterans Affairs policies and procedures are those in the OMB guidance. regulation. For any such section where there is a corresponding section in this part, the Department of Veterans Affairs policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180, and as supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by § 2 CFR 180.220 of the OMB guidance (2 CFR 180.220) as supplemented by § 801.220 in this part (2 CFR 801.220). 801.220.
§ 801.137 Who in the Department of Veterans Affairs may grant an exception to allow an excluded person to participate in a covered transaction?amended
method: full_restatement — 0+ / 1−
Within the Department of Veterans Affairs, the Secretary of Veterans Affairs, the Under Secretary for Health, the Under Secretary for Benefits, and the Under Secretary for Memorial Affairs Affairs, or other Designee of the Secretary each has the authority to grant an exception to allow an excluded person to participate in a covered transaction, as provided in the OMB guidance regulation at 2 CFR 180.135.
§ 801.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
VA does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement transaction, although the OMB guidance regulation at 2 CFR 180.220(c) allows a Federal agency to do so (also see optional lower tier coverage in the figure in the appendix A to 2 CFR part 180).
§ 801.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
You as a participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart.
§ 801.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
155. Revise the heading of subpart J to read as follows:
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180 (as supplemented by subpart C of this part) and requires the participant to include a similar term or condition in lower-tier covered transactions.
Part 802 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
1 amended · kinds {"amended": 1} · methods {"full_restatement": 1}
§ 802.101 Applicability.amended
method: full_restatement — 32+ / 0−
157. Revise § 802.101 to read as follows:
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards set forth in 2 CFR part 200 shall apply to the Department of Veterans Affairs. This part gives regulatory effect to the OMB regulation for Federal awards issued by the Department of Veterans Affairs. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.
Part 901 — NONPROCUREMENT DEBARMENT AND SUSPENSION
6 amended · kinds {"amended": 6} · methods {"full_restatement": 6}
§ 901.10 What does this part do?amended
method: full_restatement — 0+ / 2−
159. Revise §§ 901.10 through 901.30 to read as follows:
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the DOE Department of Energy (DOE) policies and procedures for nonprocurement debarment and suspension. It thereby This part gives regulatory effect for DOE to the OMB guidance regulation for Federal awards issued by DOE as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189); Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235); and section 2455 of the Federal Acquisition Streamlining Act of 1994, Pub. L. Public Law 103-355 (31 U.S.C. 6101 note).
§ 901.20 Does this part apply to me?amended
method: full_restatement — 0+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970); (b) Respondent in a DOE suspension or debarment action; (c) DOE debarment or suspension official; and (d) DOE grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction.
§ 901.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 0−
160. Revise subparts B through D to read as follows:
The DOE policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180 and any supplemental policies and procedures set forth in this part.
§ 901.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
Although the OMB guidance regulation at 2 CFR180.220(c) allows a Federal agency to do so (also see optional lower tier coverage in the figure in the appendix A to 2 CFR part 180), DOE does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement transaction.
§ 901.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
You, as a participant, must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart.
§ 901.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions.
Part 902 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)
4 amended · kinds {"amended": 4} · methods {"full_restatement": 4}
§ 902.10 What does this part do?amended
method: full_restatement — 0+ / 0−
162. Revise §§ 902.10 through 902.30 to read as follows:
This part requires that the award and administration of DOE Department of Energy (DOE) grants and cooperative agreements comply with Office of Management and Budget (OMB) guidance regulation implementing the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707, as amended, hereafter hereinafter referred to as “the Act”) that applies to grants. It thereby— This part— (a) Gives regulatory effect to the OMB guidance (Subparts regulation (subparts A through F of 2 CFR part 182) for the DOE's grants and cooperative agreements; and (b) Establishes DOE policies and procedures for compliance with the Act that are the same as those of other Federal agencies, in conformance with the requirement in 41 U.S.C. 705 for Governmentwide implementing regulations.
§ 902.20 Does this part apply to me?amended
method: full_restatement — 0+ / 2−
This part and, through this part, pertinent portions of the OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182 (see table at 2 CFR 182.115(b)) apply to you if you are a— (a) Recipient of a DOE grant or cooperative agreement; or (b) DOE awarding official.
§ 902.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 0−
(a) General. You must follow the policies and procedures specified in applicable sections of the OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182, as implemented by this part. (b) Specific sections of OMB guidance regulation that this part supplements. In implementing the OMB guidance regulation in 2 CFR part 182, this part supplements four sections of the guidance, OMB regulation, as shown in the following table. For each of those sections, you must follow the policies and procedures in the OMB guidance, regulation, as supplemented by this part. (c) Sections of the OMB guidance regulation that this part does not supplement. For any section of OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182 that is not listed in paragraph (b) of this section, DOE policies and procedures are the same as those in the OMB guidance. regulation.
§ 902.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB regulation?amended
method: full_restatement — 0+ / 0−
163. Revise § 902.400 to read as follows:
To obtain a recipient's agreement to comply with applicable requirements in the OMB guidance regulation at 2 CFR part 182, you must include the following term or condition in the award: Drug-free workplace. You as the recipient must comply with drug-free workplace requirements in Subpart subpart B (or Subpart subpart C, if the recipient is an individual) of Part 902, which adopts the Governmentwide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707).
Part 910 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
3 amended · kinds {"amended": 2, "added": 1} · methods {"paragraph_keyed": 1, "full_restatement": 2}
§ 910.101 Purpose.added
method: full_restatement — 61+ / 0−
166. Revise newly redesignated § 910.101 to read as follows:
The Department of Energy adopts the Office of Management and Budget (OMB) regulation in 2 CFR part 200, with the additions included in subparts B through F of this part. This part gives regulatory effect to the OMB regulation for Federal awards issued by the Department of Energy. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.
§ 910.120 [Redesignated as §§ 910.100 and 910.101]amended
method: paragraph_keyed
165. Redesignate §§ 910.120 and 910.122 as §§ 910.100 and 910.101.
2 unchanged unit(s) elided (* * *)
§ 910.350 Applicability of 2 CFR part 200.amended
method: full_restatement — 0+ / 0−
167. Revise § 910.350 to read as follows:
(a) As stated in 2 CFR 910.22, § 910.122, unless otherwise noted in this part, the definition of Non-Federal entity found in 2 CFR 200.1 is expanded for DOE to include for-profit organizations in addition to states, States, local governments, Indian tribes, institutions of higher education (IHE), and nonprofit organizations. (b) A for-profit organization is defined as one that distributes any profit not reinvested into the business as profit or dividends to its employees or shareholders. (c) Subpart D of 2 CFR part 910 This subpart contains specific changes to 2 CFR part 200 that apply only to For-Profit Recipients and, unless otherwise specified, subrecipients. In some cases, the coverage in Subpart D this subpart will replace the language in a specific section of 2 CFR part 200.
Part 1000 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
1 amended · kinds {"amended": 1} · methods {"full_restatement": 1}
§ 1000.10 Applicable regulations.amended
method: full_restatement — 44+ / 0−
169. Revise § 1000.10 to read as follows:
170. Revise part 1104 to read as follows:
Except for the deviations set forth elsewhere in this Part, part, the Department of the Treasury adopts the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, set forth at 2 CFR part 200, for Federal awards issued by the Department. This part gives regulatory effect to the Office of Management and Budget (OMB) regulation for Federal awards issued by the Department of the Treasury. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.
Part 1104 — IMPLEMENTATION OF GOVERNMENTWIDE REGULATION FOR FEDERAL FINANCIAL ASSISTANCE
6 amended · kinds {"added": 6} · methods {"full_restatement": 6}
§ 1104.2 Purpose of this part.added
method: full_restatement — 58+ / 0−
Except as otherwise provided in this part, the Department of Defense (DoD) adopts the Office of Management and Budget (OMB) regulation in 2 CFR part 200. Subject to certain exceptions, this part gives regulatory effect to the OMB regulation for Federal awards issued by DoD. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.
§ 1104.3 Award format for DoD Components' grants and cooperative agreements.added
method: full_restatement — 71+ / 0−
DoD Components must conform the format of new grants and cooperative agreements to the standard award format specified in part 1120 of the DoD Grant and Agreement Regulations (DoDGARS) (2 CFR part 1120). The standard format provides locations within the award for: (a) General terms and conditions, including the administrative and national policy requirements discussed in § 1104.5(a) and (b), respectively. (b) Any award-specific terms and conditions discussed in § 1104.10.
§ 1104.5 Regulations governing DoD Components' general terms and conditions.added
method: full_restatement — 176+ / 0−
(a) Administrative requirements. On an interim basis pending completion of the update of the DoDGARs to implement OMB regulation published in 2 CFR part 200, the following regulatory provisions govern the administrative requirements to be included in general terms and conditions of DoD Components' new grants and cooperative agreements: (1) The provisions of parts 1126 through 1138 of the DoDGARs (2 CFR parts 1126 through 1138, which comprise subchapter D of this chapter) govern the administrative requirements to be included in the general terms and conditions of DoD Components' new grants and cooperative agreements awarded to institutions of higher education, nonprofit organizations, States, local governments, and Indian tribes. (2) Part 34 of the DoDGARs (32 CFR part 34) governs the administrative requirements to be included in general terms and conditions of DoD Components' grants and cooperative agreements awarded to for-profit entities. (b) National policy requirements. Part 1122 of the DoDGARs (2 CFR part 1122) governs the national policy requirements to be included in DoD Components' new grants and cooperative agreements awarded to all types of entities.
§ 1104.10 Regulations governing DoD Components' award-specific terms and conditions.added
method: full_restatement — 106+ / 0−
On an interim basis pending completion of the update of the DoDGARs to implement OMB regulation published in 2 CFR part 200: (a) The regulation in 2 CFR part 200 governs administrative requirements to be included in any award-specific terms and conditions used to supplement the general terms and conditions of a new grant or cooperative agreement awarded to an institution of higher education, nonprofit organization, State, local government, or Indian tribe. (b) Part 34 of the DoDGARs (32 CFR part 34) governs the administrative requirements to be included in any award-specific terms and conditions of DoD Components' grants and cooperative agreements awarded to for-profit entities.
§ 1104.15 Regulations governing DoD Components' internal procedures.added
method: full_restatement — 61+ / 0−
On an interim basis pending completion of the update of the DoDGARs to implement OMB regulation published in 2 CFR part 200, DoD Components' internal pre-award, time-of-award, and post-award procedures will continue to comply with requirements in parts 21 and 22 of the DoDGARs (32 CFR parts 21 and 22) and other applicable Defense Grant and Agreement Regulatory System (DGARS) policies.
§ 1104.20 Definitions.added
method: full_restatement — 51+ / 0−
(a) DoD Grant and Agreement Regulations. The term DoD Grant and Agreement Regulations (DoDGARs) means the regulations in 32 CFR subtitle A, chapter I, subchapter C, and this chapter. (b) Other terms. See part 1108 of the DoDGARs (2 CFR part 1108) for definitions of other terms used in this part.
Part 1120 — AWARD FORMAT FOR DOD GRANTS AND COOPERATIVE AGREEMENTS
1 amended · kinds {"amended": 1} · methods {"full_restatement": 1}
§ 1120.405 Content of the preamble.amended
method: full_restatement — 0+ / 0−
172. Revise § 1120.405 to read as follows:
The preamble for each set of general terms and conditions must include at least the following information elements, organized in the order shown: (a) Table of contents. This should show the articles within each other subdivision of the general terms and conditions (Subdivisions B and C for administrative and national policy requirements and, if needed, Subdivision D for programmatic requirements). (b) Scope. This element identifies the programs, types of awards, and types of recipient entities that are subject to the set of general terms and conditions. (c) Effective date. This is the date on which the particular version of the set of general terms and conditions became effective, which enables a recipient to easily distinguish it from any earlier or subsequent versions. The version date of each article within the general terms and conditions must be indicated in parentheses following the title of the article, to help a recipient identify the articles that changed from previous versions of the general terms and conditions. (d) English language. The purpose of this element of the preamble is to implement OMB guidance Office of Management and Budget (OMB) regulation in 2 CFR 200.111(b) by informing each recipient that: (1) It that all Federal financial assistance announcements, applications, and Federal award information must translate any of the award content (including attachments to it and any material incorporated into the award by reference) into another language to the extent that the recipient's compliance with the award's terms and conditions depends upon a significant number of its employees who are not fluent in English being able to read and comprehend that content. (2) If it does translate any award content into another language, either as required by paragraph (d)(1) of this section or at its own initiative, the original award content be in the English language will take precedence and must be in the event terms of an inconsistency between the award requirements in the English and translated versions. U.S. dollars. (e) Plain language. This section of the preamble is required when the general terms and conditions use personal pronouns, in accordance with § 1120.310. Its purpose is to inform recipients about the meanings of those personal pronouns. (f) Definitions. Providing the definitions of words and phrases that are used in the general terms and conditions and defined in the DoDGARs is more helpful to recipients than referring them to the DoDGARs to find the definitions.
Part 1122 — NATIONAL POLICY REQUIREMENTS: GENERAL AWARD TERMS AND CONDITIONS
1 amended · kinds {"amended": 1} · methods {"full_restatement": 1}
§ 1122.1 Purpose of this part.amended
method: full_restatement — 0+ / 0−
174. Revise § 1122.1 to read as follows:
(a) This part specifies a standard format and standard wording of general terms and conditions for Subdivision B of the general terms and conditions of DoD Department of Defense (DoD) grants and cooperative agreements, which concerns national policy requirements. (b) It thereby This part implements: (1) Office of Management and Budget (OMB) guidance regulation in 2 CFR 200.210(b)(ii) 200.210 and 200.300, as those paragraphs sections of 2 CFR part 200 relate to national policy requirements for general terms and conditions of DoD grants and cooperative agreements to institutions of higher education and other nonprofit organizations, States, local governments, and Indian tribes. (2) National policy requirements, to the extent they apply, for general terms and conditions of DoD awards to for-profit firms, foreign organizations, and foreign public entities.
Part 1125 — NONPROCUREMENT DEBARMENT AND SUSPENSION
9 amended · kinds {"amended": 9} · methods {"full_restatement": 9}
§ 1125.10 What does this part do?amended
method: full_restatement — 0+ / 0−
176. Revise §§ 1125.10 through 1125.40 to read as follows:
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the Department of Defense (DoD) policies and procedures for nonprocurement debarment and suspension. It thereby gives regulatory effect This part implements, for the Department of Defense to Defense, the OMB guidance regulation as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235) 235), and 31 U.S.C. 6101 note (Section (section 2455, Public Law Pub. L. 103-355, 108 Stat. 3327).
§ 1125.20 Does this part implement the OMB regulation in 2 CFR part 180 for all DoD nonprocurement transactions?amended
method: full_restatement — 0+ / 0−
This part implements the OMB guidelines in 2 CFR part 180 for most DoD nonprocurement transactions. However, it does not implement the guidelines as they apply to prototype projects under the authority of Section section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Pub. L. 103-160), as amended. The Director of Defense Procurement and Acquisition Policy maintains a DoD issuance separate from this part that addresses section 845 transactions.
§ 1125.30 Does this part apply to me?amended
method: full_restatement — 0+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970, as supplemented by subpart B of this part), other than a section 845 transaction described in § 1125.20; (b) Respondent in a DoD Component's nonprocurement suspension or debarment action; (c) DoD Component's debarment or suspension official; or (d) DoD Component's grants officer, agreements officer, or other official authorized to enter into a nonprocurement transaction that is a covered transaction.
§ 1125.40 What policies and procedures must I follow?amended
method: full_restatement — 1+ / 0−
(a) General. You must follow the policies and procedures specified in applicable sections of the OMB guidance regulation in subparts A through I of 2 CFR part 180, as implemented by this part. (b) Specific sections of OMB guidance regulation that this part supplements. In implementing the OMB guidance regulation in 2 CFR part 180, this part supplements eight sections of the guidance, OMB regulation, as shown in the following table. For each of those sections, you must follow the policies and procedures in the OMB guidance, regulation, as supplemented by this part. (c) Sections of the OMB guidance regulation that this part does not supplement. For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that is not listed in paragraph (b) of this section, DoD policies and procedures are the same as those in the OMB guidance. regulation.
§ 1125.137 Who in the Department of Defense may grant an exception to let an excluded person participate in a covered transaction?amended
method: full_restatement — 0+ / 0−
Within the Department of Defense, the Secretary of Defense, Secretary of a Military Department, Head of a Defense Agency, Head of the Office of Economic Adjustment, and Head of the Special Operations Command have the authority to grant an exception to let an excluded person participate in a covered transaction, as provided in the OMB guidance regulation at 2 CFR 180.135.
§ 1125.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
Although the OMB guidance regulation at 2 CFR 180.220(c) allows a Federal agency to do so (also see optional lower tier coverage in the figure in the appendix A to 2 CFR part 180), the Department of Defense does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement transaction.
§ 1125.332 What method must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
You as a participant in a covered transaction must include a term or condition in any lower-tier covered transaction into which you enter, to require the participant of that transaction to— (a) Comply with subpart C of the OMB guidance in 2 CFR part 180; and (b) Include a similar term or condition in any covered transaction into which it enters at the next lower tier.
§ 1125.425 When do I check to see if a person is excluded or disqualified?amended
method: full_restatement — 0+ / 0−
In addition to the four instances identified in the OMB guidance regulation at 2 CFR 180.425, you as a DoD Component official must check to see if a person is excluded or disqualified before you obligate additional funding (e.g., through an incremental funding action) for a pre-existing grant or cooperative agreement with an institution of higher education, as provided in 32 CFR 22.520(e)(5).
§ 1125.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
You as a DoD Component official must include a term or condition in each covered transaction into which you enter, to communicate to the participant the requirements to— (a) Comply with subpart C of 2 CFR part 180, as supplemented by subpart C of this part; and (b) Include a similar term or condition in any lower-tier covered transactions into which the participant enters.
Part 1126 — SUBCHAPTER D OVERVIEW
2 amended · kinds {"amended": 2} · methods {"full_restatement": 2}
§ 1126.1 Purposes of this subchapter.amended
method: full_restatement — 0+ / 0−
179. Revise § 1126.1 to read as follows:
This subchapter of the DoD Grant and Agreement Regulations: subchapter: (a) Addresses general terms and conditions governing administrative requirements for use by DoD Department of Defense (DoD) Components when awarding cost-type grants and cooperative agreements to institutions of higher education, nonprofit organizations, States, local governments, and Indian tribes. It does so by providing: (1) A standard organization of the administrative requirements into articles of general terms and conditions, each of which is in a specific subject area. (2) Standard wording for those articles; and (3) Associated prescriptions for DoD Component's use of the standard wording to construct their general terms and conditions, which allow for adding, omitting, or varying in other ways from the standard wording in certain situations. (b) Thereby implements OMB guidance Office of Management and Budget (OMB) regulation in 2 CFR part 200 as it relates to general terms and conditions of grants and cooperative agreements to institutions of higher education, nonprofit organizations, States, local governments, and Indian tribes.
§ 1126.3 Exceptions from requirements in this subchapter.amended
method: full_restatement — 0+ / 0−
180. Revise § 1126.3 to read as follows:
(a) Exceptions that are not permitted. A DoD Component may not grant any exception to the requirements in this subchapter if the exception is: (1) Prohibited by statute, executive Executive order, or regulation; (2) Inconsistent with the OMB implementation of the Single Audit Act in Subpart subpart F of 2 CFR part 200. (b) Other exceptions. Other exceptions are permitted from requirements in this subchapter for institutions of higher education, nonprofit organizations, States, local governments, and Indian tribes as follows: (1) Statutory or regulatory exceptions. A DoD Component's general terms and conditions may incorporate a requirement that is inconsistent with the requirements in this subchapter if that requirement is specifically authorized or required by a statute or regulation adopted in the Code of Federal Regulations after opportunity for public comment. (2) Individual exceptions. The Head of the DoD Component or his or her designee may approve an individual exception affecting only one award in accordance with procedures stated in 32 CFR 21.340. (3) Small awards. A DoD Component's terms and conditions for small awards may apply less restrictive requirements than those specified in this subchapter (a small award is an award for which the total value of obligated funding through the life of the award is not expected to exceed the simplified acquisition threshold). (4) Other class exceptions. The Assistant Secretary Undersecretary of Defense for Research and Engineering or his or her designee may has designated the Deputy Assistant Secretary of Defense for Science and Technology Foundations with the authority to approve any class exception affecting multiple awards other than small awards, with OMB concurrence if the class exception is for a requirement that is inconsistent with OMB guidance regulation in 2 CFR part 200. Procedures for DoD Components' requests for class exceptions are stated in 32 CFR 21.340.
Part 1200 — NONPROCUREMENT SUSPENSION AND DEBARMENT
6 amended · kinds {"amended": 6} · methods {"full_restatement": 6}
§ 1200.10 What does this part do?amended
method: full_restatement — 0+ / 0−
182. Revise §§ 1200.10 through 1200.30 to read as follows:
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the Department of Transportation policies and procedures for nonprocurement suspension and debarment. It thereby This part gives regulatory effect for the Department of Transportation to the OMB guidance regulation for Federal awards issued by the Department as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Supension “Suspension and Debarment” (3 CFR CFR, 1986 Comp., p. 189), Executive Order 12689, “Suspension and Debarment” (3 CFR CFR, 1989 Comp., p. 235) 235), and 31 U.S.C. 6101 note (Section (section 2455, Public Law Pub. L. 103-355, 108 Stat. 3327).
§ 1200.20 Does this part apply to me?amended
method: full_restatement — 1+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970; 180.970); (b) Respondent in a Department of Transportation suspension or debarment action; (c) Department of Transportation debarment or suspension official; or (d) Department of Transportation grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction.
§ 1200.30 What policies and procedures must I follow?amended
method: full_restatement — 1+ / 13−
183. Revise subparts B through D to read as follows:
The Department of Transportation policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220), 180.220, as supplemented by section 220 in this part (i.e., § 1200.220). 1200.220. For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, Department of Transportation policies and procedures are those in the OMB guidance. regulation.
§ 1200.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
In addition to the contracts covered under 2 CFR 180.220(b) of the OMB guidance, 180.220(b), this part applies to any contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the contract is to be funded or provided by the Department of Transportation under a covered nonprocurement transaction and the amount of the contract is expected to equal or exceed $25,000. This extends the coverage of the Department of Transportation nonprocurement suspension and debarment requirements to all lower tiers of subcontracts under covered nonprocurement transactions, as permitted under the OMB guidance regulation at 2 CFR 180.220(c) (see optional lower-tier coverage in the figure in the appendix A to 2 CFR part 180).
§ 1200.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
You as a participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart.
§ 1200.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180 and requires the participant to include a similar term or condition in lower-tier covered transactions.
Part 1201 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
3 amended · kinds {"amended": 2, "added": 1} · methods {"paragraph_keyed": 1, "full_restatement": 2}
§ 1201.1 [Redesignated as § 1201.5]amended
method: paragraph_keyed
185. Redesignate § 1201.1 as § 1201.5.
§ 1201.5 What does this part do?added
method: full_restatement — 120+ / 0−
186. Revise newly redesignated § 1201.5 to read as follows:
Except as otherwise provided in this part, the Department of Transportation adopts the Office of Management and Budget (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200). This part gives regulatory effect to the OMB regulation for Federal awards issued by the Department of Transportation (DOT). See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200. This part superseded and repealed the requirements of the Department of Transportation Common Rules (49 CFR parts 18 and 19), except that grants and cooperative agreements executed prior to December 26, 2014, continue to be subject to 49 CFR parts 18 and 19 as in effect on the date of such grants or agreements.
§ 1201.106 DOT Component implementation.amended
method: full_restatement — 0+ / 0−
187. Revise § 1201.106 to read as follows:
188. Revise part 1326 to read as follows:
The specific requirements and responsibilities for grant-making DOT Components are set forth in this part. DOT Components must implement the language in this part unless different provisions are required by Federal statute or are approved by DOT Headquarters. DOT Components making Federal awards to non-Federal entities must implement the language in the Subpart C—Pre-Federal Award Requirements and Contents subparts C through F of Federal Awards of this Part through Subpart F—Audit Requirements of this Part 2 CFR part 200 in codified regulations unless different provisions are required by Federal statute or are approved by DOT Headquarters.
Part 1326 — NONPROCUREMENT DEBARMENT AND SUSPENSION
9 amended · kinds {"amended": 8, "added": 1} · methods {"full_restatement": 9}
§ 1326.10 What does this part do?amended
method: full_restatement — 0+ / 0−
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the Department of Commerce policies and procedures for nonprocurement debarment and suspension. It thereby This part gives regulatory effect to the OMB guidance regulation for Federal awards issued by the Department of Commerce, as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235) 235), and 31 U.S.C. 6101 note (Section (section 2455, Public Law Pub. L. 103-355, 108 Stat. 3327).
§ 1326.20 Does this part apply to me?amended
method: full_restatement — 4+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970, as supplemented by subpart B of this part and § 1326.970 of this part). 1326.970); (b) Respondent in a Department of Commerce suspension or debarment action. action; (c) Department of Commerce debarment or suspension official; or (d) Department of Commerce grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction; transaction.
§ 1326.30 What policies and procedures must I follow?amended
method: full_restatement — 1+ / 13−
The Department of Commerce policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) 180.220 as supplemented by section 220 in this part (i.e., § 1326.220). 1326.220. For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, Department of Commerce policies and procedures are those in the OMB guidance. regulation.
§ 1326.137 Who in the Department of Commerce may grant an exception to let an excluded person participate in a covered transaction?amended
method: full_restatement — 0+ / 0−
Within the Department of Commerce, the Secretary of Commerce or designee has the authority to grant an exception to let an excluded person participate in a covered transaction, as provided in the OMB guidance regulation at 2 CFR 180.135.
§ 1326.216 Which nonprocurement transactions, in addition to those listed in 2 CFR 180.215, are not covered transactions?added
method: full_restatement — 167+ / 0−
(a) For purposes of the Department of Commerce, a transaction that the Department needs to respond to a national or agency-recognized emergency or disaster includes the Fisherman's Contingency Fund. (b) For purposes of the Department of Commerce, an incidental benefit that results from ordinary governmental operations includes: (1) Export Promotion, Trade Information and Counseling, and Trade policy. (2) Geodetic Surveys and Services (Specialized Services). (3) Fishery Products Inspection Certification. (4) Standard Reference Materials. (5) Calibration, Measurement, and Testing. (6) Critically Evaluated Data (Standard Reference Data). (7) Phoenix Data System. (8) The sale or provision of products, information, and services to the general public. (c) For purposes of the Department of Commerce, any other transaction if the application of an exclusion to the transaction is prohibited by law includes: (1) The Administration of the Anti-dumping and Countervailing Duty Statutes. (2) The export Trading Company Act Certification of Review Program. (3) Trade Adjustment Assistance Program Certification. (4) Foreign Trade Zones Act of 1934, as amended. (5) Statutory Import Program.
§ 1326.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
In addition to the contracts covered under 2 CFR 180.220(b) of the OMB guidance, 180.220(b), this part applies to a subcontract that is awarded by a participant in a procurement transaction covered under 2 CFR 180.220(a), if the amount of the subcontract exceeds or is expected to exceed $25,000. This extends the coverage of the Department of Commerce nonprocurement suspension and debarment requirements to one additional tier of contracts under covered nonprocurement transactions, as permitted under the OMB guidance regulation at 2 CFR 180.220(c) (see optional lower tier coverage in the figure in the appendix A to 2 CFR part 180).
§ 1326.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
You as a participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR Part part 180, as supplemented by this subpart.
§ 1326.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions.
§ 1326.970 Nonprocurement transaction.amended
method: full_restatement — 0+ / 0−
189. Revise part 1327 to read as follows:
For purposes of the Department of Commerce, nonprocurement transaction includes the following: (a) Joint project Agreements under 15 U.S.C. 1525. (b) Cooperative research and development agreements. (c) Joint statistical agreements. (d) Patent licenses under 35 U.S.C. 207. (e) NTIS joint ventures, 15 U.S.C. 3704b.
Part 1327 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"added": 2} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 1327.10 Adoption of 2 CFR part 200.added
method: full_restatement — 49+ / 0−
The Department of Commerce adopts the Office of Management and Budget (OMB) regulation in 2 CFR part 200. This part gives regulatory effect to the OMB regulation for Federal awards issued by the Department of Commerce. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.
§ 1327.11 [Reserved]added
method: paragraph_keyed — 0+ / 0−
Part 1329 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)
4 amended · kinds {"amended": 4} · methods {"full_restatement": 4}
§ 1329.10 What does this part do?amended
method: full_restatement — 0+ / 0−
191. Revise §§ 1329.10 through 1329.30 to read as follows:
This part requires that the award and administration of Department of Commerce grants and cooperative agreements comply with Office of Management and Budget (OMB) guidance regulation implementing the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707, as amended, hereafter hereinafter referred to as “the Act”) that applies to grants. It thereby— This part— (a) Gives regulatory effect to the OMB guidance regulation (subparts A through F of 2 CFR part 182) for the Department of Commerce's grants and cooperative agreements; and (b) Establishes Department of Commerce policies and procedures for compliance with the Act that are the same as those of other Federal agencies, in conformance with the requirement in 41 U.S.C. 705 for Governmentwide implementing regulations.
§ 1329.20 Does this part apply to me?amended
method: full_restatement — 0+ / 2−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through F of 2 CFR part 182 (see table at 2 CFR 182.115(b)) apply to you if you are a— (a) Recipient of a Department of Commerce grant or cooperative agreement; or (b) Department of Commerce awarding official.
§ 1329.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 0−
(a) General. You must follow the policies and procedures specified in applicable sections of the OMB guidance regulation in subparts A through F of 2 CFR part 182, as implemented by this part. (b) Specific sections of OMB guidance regulation that this part supplements. In implementing the OMB guidance regulation in 2 CFR part 182, this part supplements four sections of the guidance, OMB regulation, as shown in the following table. For each of those sections, you must follow the policies and procedures in the OMB guidance, regulation, as supplemented by this part. (c) Sections of the OMB guidance regulation that this part does not supplement. For any section of OMB guidance regulation in subparts A through F of 2 CFR part 182 that is not listed in paragraph (b) of this section, Department of Commerce policies and procedures are the same as those in the OMB guidance. regulation.
§ 1329.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB regulation?amended
method: full_restatement — 0+ / 0−
192. Revise § 1329.400 to read as follows:
To obtain a recipient's agreement to comply with applicable requirements in the OMB guidance regulation at 2 CFR part 182, you must include the following term or condition in the award: Drug-free workplace. You as the recipient must comply with drug-free workplace requirements in Subpart subpart B (or Subpart subpart C, if the recipient is an individual) of 2 CFR part 1329, which adopts the Govemmentwide Governmentwide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707).
Part 1400 — NONPROCUREMENT DEBARMENT AND SUSPENSION
6 amended · kinds {"amended": 6} · methods {"full_restatement": 6}
§ 1400.20 When does this part apply to me?amended
method: full_restatement — 3+ / 0−
194. Revise §§ 1400.20 and 1400.30 to read as follows:
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are— (a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970, as supplemented by subpart B of this part and § 1400.970); (b) Respondent in a Department of the Interior suspension or debarment action; (c) Department of the Interior debarment or suspension official, i.e., the Director, Office of Acquisition and Property Management; or (d) Department of the Interior grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction.
§ 1400.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 7−
(a) The Department of the Interior policies and procedures that you must follow are specified in: (1) Each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180; and (2) The supplement to each section of the OMB guidance regulation that is found in this part under the same section number. (The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) 180.220 as supplemented by section 220 in this part (i.e., Sec. 1400.220)). § 1400.220.) (b) For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, Department of the Interior policies and procedures are those in the OMB guidance. regulation.
§ 1400.137 Who in the Department of the Interior may grant an exception to let an excluded person participate in a covered transaction?amended
method: full_restatement — 0+ / 0−
195. Revise § 1400.137 to read as follows:
Within the Department of the Interior, the Director, Office of Acquisition and Property Management has the authority to grant an exception to let an excluded person participate in a covered transaction, as provided in the OMB guidance regulation at 2 CFR 180.135.
§ 1400.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
196. Revise § 1400.220 to read as follows:
Although the OMB guidance regulation at 2 CFR 180.220(c) allows a Federal agency to do so (also see optional lower tier coverage in the figure in the appendix A to 2 CFR part 180), the Department of the Interior does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement transaction.
§ 1400.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
197. Revise § 1400.332 read as follows:
You as a participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180.
§ 1400.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
198. Revise § 1400.437 to read as follows:
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions.
Part 1401 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)
4 amended · kinds {"amended": 4} · methods {"full_restatement": 4}
§ 1401.100 What does this part do?amended
method: full_restatement — 0+ / 0−
200. Revise §§ 1401.100 through 1401.110 to read as follows:
This part requires that the award and administration of the DOI Department of the Interior (DOI) grants and cooperative agreements comply with Office of Management and Budget (OMB) guidance regulation implementing the portion of the Drug-Free Workplace Act of 1988, 41 U.S.C. 701-707, as amended (hereinafter, “the Act”) that applies to grants. It thereby— This part— (a) Gives regulatory effect to the OMB guidance (Subparts regulation (subparts A through F of 2 CFR Part part 182) for DOI's grants and cooperative agreements; and (b) Establishes DOI policies and procedures for compliance with the Act that are the same as those of other Federal agencies, in conformance with the requirement in 41 U.S.C. 705 for government-wide Government-wide implementing regulations.
§ 1401.105 Does this part apply to me?amended
method: full_restatement — 1+ / 0−
(a) This part and, through this part, pertinent portions of the OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182 apply if you are— (a) (1) A recipient of an assistance award from the Department of the Interior; or (b) (2) The Department of the Interior awarding official. The following table (will be incorporated into 2 CFR part 182) shows (b) Paragraphs (b)(1) through (3) of this section show the subparts that apply to you: you (in lieu of 2 CFR 182.115(b)):
§ 1401.110 What policies and procedures must I follow?amended
method: full_restatement — 9+ / 0−
(a) General. You must follow the policies and procedures specified in applicable sections of the OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182, as implemented by this part. (b) Specific sections of OMB regulation that this part supplements. In implementing OMB guidance regulation in 2 CFR part 182, this part supplements four sections of the guidance, OMB regulation, as shown in the following table. For each of those sections, you must follow the policies and procedures set forth in the OMB guidance, regulation, as supplemented by this part. (c) Sections of the OMB guidance regulation that this part does not supplement. For any section of OMB guidance regulation in Subparts subparts A through F of 2 CFR Part part 182 that is not listed in paragraph (b) of this section, DOI policies and procedures are the same as those in the OMB guidance. regulation.
§ 1401.500 What are my responsibilities as a DOI awarding official?amended
method: full_restatement — 56+ / 0−
201. Revise § 1401.500 to read as follows:
To obtain a recipient's agreement to comply with applicable requirements in the OMB guidance regulation at 2 CFR part 182, you must include the following term or condition in the award: Drug-free workplace. You, as the recipient, must comply with drug-free workplace requirements in subpart B (or subpart C, if the recipient is an individual) of part 1401, which adopts the government-wide implementation of 2 CFR part 182; sections 5152-5158 of the Drug-Free Workplace Act of 1988, Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701-707.
Part 1402 — FINANCIAL ASSISTANCE INTERIOR REGULATION, SUPPLEMENTING THE UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
1 amended · kinds {"amended": 1} · methods {"full_restatement": 1}
§ 1402.100 Purpose.amended
method: full_restatement — 13+ / 0−
203. Revise § 1402.100 to read as follows:
(a) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards set forth in 2 CFR part 200 apply to the Department of the Interior. This part adopts, as the Department of the Interior (DOI) policies and procedures, the Office of Management and Budget's (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements set forth in 2 CFR part 200. 200 and gives regulatory effect to the OMB regulation for Federal awards issued by the Department of the Interior. The Uniform Guidance regulation applies in full except as stated in this part. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200. (b) This part establishes DOI financial assistance regulations that implement or supplement the OMB's Uniform Guidance. OMB regulation in 2 CFR part 200. It is designed to ensure that financial assistance is administered in full compliance with applicable law, regulation, policy, and best practices to ensure the American people get the most value from the funds DOI awards on financial assistance. For supplemental guidance, regulation, DOI has adopted section numbering that corresponds to related OMB guidance regulation in 2 CFR part 200. (c) This part extends 2 CFR part 200, subparts A through E, policies and procedures to foreign public entities and foreign organizations as allowed by 2 CFR 200.101, except as indicated throughout this part.
Part 1500 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
4 amended · kinds {"amended": 3, "removed": 1} · methods {"full_restatement": 3, "structural": 1}
§ 1500.1 Definitions.amended
method: full_restatement — 7+ / 2−
(a) Participant support costs. The Environmental Protection Agency (EPA) has supplemented In addition to the definitions in 2 CFR 200.1, the following terms apply to this part: Participant support costs, to provide that allowable participant support costs under EPA Environmental Protection Agency (EPA) assistance agreements include: (1) Rebates or other subsidies provided to program participants for purchases and installations of commercially available, standard (“off the shelf”) pollution control equipment or low emission vehicles under the Diesel Emission Reduction Act program or programs authorized by EPA appropriation acts and permitted by terms specified in EPA assistance agreements or guidance, regulation, when the program participant rather than the recipient owns the equipment. (2) Subsidies, rebates, and other payments provided to program beneficiaries to encourage participation in statutorily authorized programs to encourage environmental stewardship and enable the public to participate in EPA funded research, pollution abatement, and other projects or programs to the extent permitted by statutes and terms specified in EPA assistance agreements or guidance. (b) [Reserved]
§ 1500.2 Adoption of 2 CFR part 200.amended
method: full_restatement — 13+ / 0−
206. Revise § 1500.2 to read as follows:
Under the authority listed above in the authority citation for this part, the Environmental Protection Agency adopts the Office of Management and Budget (OMB) guidance Uniform regulation “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards to Non-Federal Entities Entities” (subparts A through F of 2 CFR part 200), as supplemented by this part, as the Environmental Protection Agency (EPA) policies and procedures for financial assistance administration. This part satisfies the requirements of 2 CFR 200.110(a) and gives regulatory effect to the OMB guidance regulation for Federal awards issued by EPA, as supplemented by this part. EPA also has programmatic regulations located in 40 CFR Chapter 1 Subchapter chapter I, subchapter B. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.
§ 1500.4 Exceptions.amended
method: full_restatement — 2+ / 0−
207. Revise § 1500.4 to read as follows:
Consistent with 2 CFR 200.102(b): 200.102(c): (a) In the EPA, the Director, Office of the Chief Grants and Debarment Officer or designee, is authorized to grant exceptions on a case-by-case basis for non-Federal entities. recipients. (b) The EPA Director or designee is also authorized to approve exceptions, on a class or an individual case basis, to EPA program specific assistance regulations other than those which implement statutory and executive Executive order requirements.
§ 1500.6 Fixed Amount Awards.removed
method: structural — 0+ / 27−
208. Remove and reserve subpart C, consisting of § 1500.6.
In the EPA, programs awarding fixed amount awards will do so in accordance with guidance issued from the Office of Grants and Debarment. (See 2 CFR 200.201(b)).
Part 1532 — NONPROCUREMENT DEBARMENT AND SUSPENSION
11 amended · kinds {"amended": 11} · methods {"full_restatement": 10, "paragraph_keyed": 1}
§ 1532.10 What does this part do?amended
method: full_restatement — 0+ / 0−
210. Revise §§ 1532.10 through 1532.30 to read as follows:
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the Environmental Protection Agency (EPA) policies and procedures for nonprocurement debarment and suspension. It thereby This part gives regulatory effect for the EPA to the OMB guidance regulation as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235) 235), and 31 U.S.C. 6101 note (Section (section 2455, Pub. L. 103-355, 108 Stat. 3327).
§ 1532.20 Does this part apply to me?amended
method: full_restatement — 0+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970; 180.970); (b) Respondent in an EPA suspension or debarment action; (c) EPA debarment or suspension official; or (d) EPA grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction.
§ 1532.30 What policies and procedures must I follow?amended
method: full_restatement — 1+ / 13−
211. Revise subparts A through D to read as follows:
The EPA policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) 180.220 as supplemented by section 220 in this part (i.e., § 1532.220). 1532.220. For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, EPA policies and procedures are those in the OMB guidance. regulation.
§ 1532.137 Who in the EPA may grant an exception to let an excluded person participate in a covered transaction?amended
method: full_restatement — 0+ / 0−
The EPA Debarring Official debarring official has the authority to grant an exception to let an excluded person participate in a covered transaction, as provided in the OMB guidance regulation at 2 CFR 180.135. If the EPA Debarring Official debarring official grants an exception, the exception must be in writing and state the reason(s) for deviating from the governmentwide Governmentwide policy in Executive Order 12549.
§ 1532.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
In addition to the contracts covered under 2 CFR 180.220(b) of the OMB guidance, 180.220(b), this part applies to any contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the contract is to be funded or provided by the EPA under a covered nonprocurement transaction and the amount of the contract is expected to equal or exceed $25,000. This extends the coverage of the EPA nonprocurement suspension and debarment requirements to all lower tiers of subcontracts under covered nonprocurement transactions, as permitted under the OMB guidance regulation at 2 CFR 180.220(c) (see optional lower tier coverage in the figure in the appendix A to 2 CFR part 180).
§ 1532.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
You as a participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart.
§ 1532.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions.
§ 1532.1125 How do award officials and others know if I am disqualified?amended
method: full_restatement — 0+ / 3−
212. Revise § 1532.1125 to read as follows:
If you are convicted under these statutes, the statutes in §§ 1532.1100 and 1532.1105, the EPA enters your name and address and that of the violating facility into the Excluded Parties List System (EPLS) for Award Management (SAM.gov) Exclusions as soon as possible after the EPA learns of your conviction. In addition, the EPA enters other information describing the nature of your disqualification. Federal award officials and others who administer Federal programs consult the EPLS SAM.gov Exclusions before entering into or approving procurement and nonprocurement transactions. Anyone may access the EPLS SAM.gov Exclusions through the internet, currently at http://www.epls.gov. https://www.sam.gov.
§ 1532.1130 How does disqualification under the CAA or CWA differ from a Federal discretionary suspension or debarment action?amended
method: paragraph_keyed — 0+ / 0−
213. In § 1532.1130, revise paragraph (a) to read as follows:
(a) amended
(a) CAA and CWA disqualifications are exclusions mandated by statute. In contrast, suspensions and debarments imposed under subparts A through I of 2 CFR part 180 or under 48 CFR part 9, subpart 9.4, are exclusions imposed at the discretion of Federal suspending or debarring officials. This means that if you are convicted of violating the CAA or CWA provisions described under § 1532.1105, ordinarily your name and that of the violating facility is placed into the EPLS SAM.gov Exclusions before you receive a confirmation notice of the listing, or have the opportunity to discuss the disqualification with, or seek reinstatement from, the EPA.
1 unchanged unit(s) elided (* * *)
§ 1532.1200 How will I know if I am disqualified under the CAA or CWA?amended
method: full_restatement — 14+ / 10−
214. Revise § 1532.1200 to read as follows:
There may be several ways that you learn about your disqualification. You are legally on notice by the statutes CAA at 42 U.S.C. 4606 and CWA at 33 U.S.C. 1368 that a criminal conviction of any offense listed under 42 U.S.C. 7413(c) of the CAA or 33 U.S.C. 1319(c) of the CWA automatically disqualifies you. As a practical matter, you may learn about your disqualification from your defense counsel, a Federal contract or award official, or from someone else who sees your name in the EPLS. on SAM.gov Exclusions. As a courtesy, the EPA will attempt to notify you and the owner, lessor or supervisor of the violating facility that your names have name has been entered into the EPLS. SAM.gov Exclusions. The EPA will inform you of the procedures for seeking reinstatement and give you the name of a person you can contact to discuss your reinstatement request.
§ 1532.1500 If I am reinstated, when will my name be removed from SAM.gov Exclusions?amended
method: full_restatement — 0+ / 0−
215. Revise § 1532.1500 to read as follows:
If your eligibility for procurement and nonprocurement participation is restored under the CAA or CWA, whether by decision, appeal, or by administrative agreement, the EPA will remove your name and that of the violating facility from the EPLS, SAM.gov Exclusions, generally within 5 working days of your reinstatement.
Part 1536 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)
4 amended · kinds {"amended": 4} · methods {"full_restatement": 4}
§ 1536.10 What does this part do?amended
method: full_restatement — 0+ / 0−
217. Revise §§ 1536.10 through 1536.30 to read as follows:
This part requires that the award and administration of Environmental Protection Agency grants and cooperative agreements comply with Office of Management and Budget (OMB) guidance regulation implementing the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707, as amended, hereafter hereinafter referred to as “the Act”) that applies to grants. It thereby— This part— (a) Gives regulatory effect to the OMB guidance (Subparts regulation (subparts A through F of 2 CFR part 182) for the Environmental Protection Agency's grants and cooperative agreements; and (b) Establishes Environmental Protection Agency policies and procedures for compliance with the Act that are the same as those of other Federal agencies, in conformance with the requirement in 41 U.S.C. 705 for Governmentwide implementing regulations.
§ 1536.20 Does this part apply to me?amended
method: full_restatement — 0+ / 2−
This part and, through this part, pertinent portions of the OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182 (see table at 2 CFR 182.115(b)) apply to you if you are a— (a) Recipient of a an Environmental Protection Agency grant or cooperative agreement; or (b) Environmental Protection Agency awarding official.
§ 1536.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 0−
(a) General. You must follow the policies and procedures specified in applicable sections of the OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182, as implemented by this part. (b) Specific sections of OMB guidance regulation that this part supplements. In implementing the OMB guidance regulation in 2 CFR part 182, this part supplements four sections of the guidance, OMB regulation, as shown in the following table. For each of those sections, you must follow the policies and procedures in the OMB guidance, regulation, as supplemented by this part. (c) Sections of the OMB guidance regulation that this part does not supplement. For any section of OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182 that is not listed in paragraph (b) of this section, Environmental Protection Agency policies and procedures are the same as those in the OMB guidance. regulation.
§ 1536.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB regulation?amended
method: full_restatement — 62+ / 0−
218. Revise § 1536.400 to read as follows:
To obtain a recipient's agreement to comply with applicable requirements in the OMB guidance regulation at 2 CFR part 182, you must include the following term or condition in the award: Drug-free workplace. You as the recipient must comply with drug-free workplace requirements in subpart B (or subpart C, if the recipient is an individual) of 2 CFR Subtitle B, Chapter XV, Part 1536, which adopts the Governmentwide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707).
Part 1600 — NONPROCUREMENT DEBARMENT AND SUSPENSION
5 amended · kinds {"amended": 5} · methods {"full_restatement": 5}
§ 1600.10 What does this part do?amended
method: full_restatement — 0+ / 0−
220. Revise §§ 1600.10 through 1600.30 to read as follows:
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the U.S. International Development Finance Corporation (DFC) regulations for non-procurement debarment and suspension. It thereby This part gives regulatory effect for DFC to the OMB guidance regulation as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR, 1986 Comp., p. 189); Executive Order 12689, “Debarment and Suspension” (3 CFR, 1989 Comp., p. 235); and section 2455 of the Federal Acquisition Streamlining Act of 1994, Public Law 103-355 (31 U.S.C. 6101 note).
§ 1600.20 Does this part apply to me?amended
method: full_restatement — 0+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see 2 CFR part 180, subpart B, and the definition of “non-procurement transaction” at 2 CFR 180.970); (b) Respondent in a DFC suspension or debarment action; (c) DFC suspending or debarring official; and (d) DFC investment, guarantee, insurance or grant official authorized to enter into any type of non-procurement transaction that is a covered transaction.
§ 1600.30 What regulations must I follow?amended
method: full_restatement — 0+ / 0−
The DFC regulations that you must follow are the regulations specified in each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180 as that section is supplemented by the section in this part with the same section number or by additional provisions with no corresponding section number. For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, DFC regulations are those in the OMB guidance. regulation.
§ 1600.220 What contracts and subcontracts are covered transactions?amended
method: full_restatement — 1+ / 1−
221. Revise § 1600.220 to read as follows:
First-tier procurements (i.e., primary contracts) under a covered nonprocurement transaction are covered transactions. Although the OMB guidance regulation at 2 CFR 180.220(c) allows a Federal agency to do so (see also optional lower tier coverage in the figure in the appendix A to 2 CFR part 180), DFC does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement under a covered nonprocurement transaction. Moreover, for purposes of determining whether a procurement contract is included as a covered transaction, the threshold in 2 CFR 180.220(b) is increased from $25,000 to the “simplified acquisition threshold” as defined in 48 CFR 2.101.
§ 1600.332 What requirements must I pass down to persons at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 0−
222. Revise § 1600.332 to read as follows:
You, as a participant, must include a term or condition in lower-tier transactions that are covered transactions, requiring lower-tier participants to comply with the OMB guidance regulation in 2 CFR part 180, subpart C, as supplemented by this subpart.
Part 1800 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
3 amended · kinds {"amended": 1, "added": 2} · methods {"paragraph_keyed": 1, "full_restatement": 2}
§ 1800.2 [Redesignated as §§ 1800.100 and 1800.101 and Transferred to Subpart B]amended
method: paragraph_keyed
226. Redesignate §§ 1800.2 and 1800.3 as §§ 1800.100 and 1800.101 and transfer newly redesignated §§ 1800.100 and 1800.101 to subpart B.
§ 1800.100 Purpose.added
method: full_restatement — 80+ / 0−
227. Revise newly redesignated §§ 1800.100 and 1800.101 to read as follows:
This part adopts the Office of Management and Budget (OMB) regulation in subparts A through F and applicable appendices of 2 CFR part 200, as supplemented by this part, as the NASA policies and procedures for uniform administrative requirements, cost principles, and audit requirements for Federal awards. This part gives regulatory effect to the OMB regulation for Federal awards issued by NASA as supplemented by this part. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.
§ 1800.101 Applicability.added
method: full_restatement — 353+ / 0−
228. Revise part 1880 to read as follows:
(a) This part establishes policies and procedures for grants and cooperative agreements awarded by NASA to non-Federal entities, for-profit organization, foreign organizations, and foreign public entities as allowed by 2 CFR 200.101. For supplemental regulation, NASA has adopted section numbers that correspond to those in the OMB regulation in 2 CFR part 200. (1) Non-Federal entities must follow the policies and procedures appearing in subparts A through F and applicable appendices of 2 CFR part 200 and as supplemented by this part. (2) Foreign organizations and foreign public entities must follow the policies and procedures appearing in subparts A through E and applicable appendices of 2 CFR part 200 and as supplemented by this part. (3) U.S. and foreign for-profit organizations must follow the policies and procedures appearing in subparts A through D and applicable appendices of 2 CFR part 200 and as supplemented by this part. The Federal Acquisition Regulation (FAR) at 48 CFR parts 30 and 31, takes precedence over the cost principles in 2 CFR part 200, subpart E, for Federal awards to U.S. and foreign for-profit organizations. (b) Throughout this part, the term “award” refers to both “grant” and “cooperative agreement” unless otherwise indicated. (c)(1) In general, research with foreign organizations and foreign public entities will not be conducted through grants or cooperative agreements, but instead will be accomplished on a no-exchange-of-funds basis. In these cases, NASA enters into agreements undertaking projects of international scientific collaboration. NASA's policy on performing research with foreign organizations and foreign public entities on a no-exchange-of-funds basis is set forth at NASA FAR Supplement (NFS) at 48 CFR 1835.016-70 and 1835.016-72. In rare instances, NASA may enter into an international agreement under which funds will be transferred to a foreign recipient. (2) Grants or cooperative agreements awarded to foreign organizations and foreign public entities are made on an exceptional basis only. Awards require the prior approval of the Headquarters Office of International and Interagency Relations and the Headquarters Office of the General Counsel. Requests to issue awards to foreign organizations are to be coordinated through the Office of Procurement, Procurement and Grants Policy Division.
Part 1880 — NONPROCUREMENT DEBARMENT AND SUSPENSION
7 amended · kinds {"amended": 7} · methods {"full_restatement": 7}
§ 1880.10 What does this part do?amended
method: full_restatement — 0+ / 2−
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the NASA National Aeronautics and Space Administration (NASA) policies and procedures for nonprocurement debarment and suspension. It thereby This part gives regulatory effect for NASA to the OMB guidance regulation for Federal awards issued by NASA, as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235) 235), and 31 U.S.C. 6101 note (Section (section 2455, Public Law Pub. L. 103-355, 108 Stat. 3327).
§ 1880.20 Does this part apply to me?amended
method: full_restatement — 0+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970); (b) Respondent in a NASA suspension or debarment action; (c) NASA debarment or suspension official; or (d) NASA grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction.
§ 1880.30 What policies and procedures must I follow?amended
method: full_restatement — 1+ / 13−
The NASA policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) 180.220 as supplemented by section 220 in this part (i.e., § 1880.220). 1880.220. For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, NASA policies and procedures are those in the OMB guidance. regulation.
§ 1880.137 Who in NASA may grant an exception to let an excluded person participate in a covered transaction?amended
method: full_restatement — 0+ / 0−
The Chief Acquisition Officer has the authority to grant an exception to let an excluded person participate in a covered transaction, as provided in the OMB guidance regulation at 2 CFR 180.135.
§ 1880.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 0+ / 0−
NASA extends coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement action, to all lower tier subcontracts, at all dollar values, consistent with OMB guidance regulation at 2 CFR 180.220(c) and the figure in the appendix at 2 CFR part 180. NASA does not permit subcontracting to suspended or debarred entities at any tier, at any dollar amount.
§ 1880.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
You as a participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart.
§ 1880.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions.
Part 1882 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)
1 amended · kinds {"amended": 1} · methods {"full_restatement": 1}
§ 1882.5 What does this part do?amended
method: full_restatement — 0+ / 2−
230. Revise § 1882.5 to read as follows:
231. Revise part 1900 to read as follows:
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through F of 2 CFR part 182, as supplemented by this part, as the NASA National Aeronautics and Space Administration (NASA) policies and procedures for implementing the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707, as amended, hereafter hereinafter referred to as “the Act”) that applies to grants and cooperative agreements. It thereby This part gives regulatory effect for NASA to the OMB guidance. regulation for Federal awards issued by NASA. Further, it supplements the OMB guidance regulation with NASA-specific regulation.
Part 1900 — THE UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"amended": 2} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 1900.1 Adoption of 2 CFR part 200.amended
method: full_restatement — 0+ / 0−
The United States U.S. Agency for Global Media adopts the Uniform Administrative Requirements, Cost Principles, Office of Management and Audit Requirements for Federal Awards set forth at Budget's (OMB) regulation in 2 CFR part 200. Thus, this This part gives regulatory effect to the terms OMB regulation for Federal awards made by the U.S. Agency for Global Media. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200. The U.S. Agency for Global Media may amend its adoption of 2 CFR part 200 (as effective October 1, 2024). if agency-specific additions, clarifications, or exceptions to the Government-wide policies and procedures are required by Federal statute or are approved by OMB. See 2 CFR 200.106. Any supplements to the OMB regulation as needed for the U.S. Agency for Global Media, including additions or clarifications, are set forth in this chapter.
§ 1900.2 [Reserved]amended
method: paragraph_keyed
232. Revise part 2000 to read as follows:
Part 2000 — NONPROCUREMENT DEBARMENT AND SUSPENSION
8 amended · kinds {"amended": 8} · methods {"full_restatement": 8}
§ 2000.10 What does this part do?amended
method: full_restatement — 0+ / 0−
This part promulgates a regulation adopting the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, establishing the United States Nuclear Regulatory Commission (NRC) policies and procedures for nonprocurement debarment and suspension. NRC thereby gives regulatory effect to the OMB guidance. regulation. It also supplements the OMB guidance regulation by identifying NRC implementing officials and identifying how to pass these requirements through to other entities.
§ 2000.20 Does this part apply to me?amended
method: full_restatement — 0+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to: (a) Participant or principal in a “covered transaction”; (b) Respondent in an NRC nonprocurement suspension or debarment action; (c) NRC debarment or suspension official; or (d) NRC grants officer, agreements officer, or other official authorized to enter into a covered nonprocurement transaction.
§ 2000.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 7−
(a) The NRC policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in Subparts subparts A through I of 2 CFR part 180, and those in this part. The NRC has closely tracked OMB's numbering scheme. For example, the contracts under a nonprocurement transaction that are covered transactions that are in section 220 of the OMB guidance (i.e., 2 CFR 180.220) 180.220 are found in supplemented by § 2000.220. (b) For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, NRC requirements are those in the OMB guidance regulation at 2 CFR part 180.
§ 2000.135 Who in the Nuclear Regulatory Commission may grant an exception to let an excluded person participate in a covered transaction?amended
method: full_restatement — 0+ / 0−
The Director, Office of Administration or another official designated by the Director, has the authority to grant a written exception to let an excluded person participate in a covered transaction, as provided in guidance regulation at 2 CFR 180.135. The Director or other official designated by the Director shall explain the reason(s) for deviating from the governmentwide Governmentwide policy.
§ 2000.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 0+ / 0−
The NRC nonprocurement suspension and debarment requirements apply only to first-tier procurement contracts under a covered nonprocurement transaction.
§ 2000.330 What method must be used to pass requirements down to participants at lower tiers?amended
method: full_restatement — 0+ / 4−
A participant in a covered transaction must include a term or condition in any lower-tier covered transaction to require the participant of that transaction to— (a) Comply with subpart C of the OMB guidance in 2 CFR part 180; and (b) Include a similar term or condition in any covered transaction into which it enters at the next lower tier.
§ 2000.930 Debarring official.amended
method: full_restatement — 0+ / 0−
The Debarring Official debarring official for the United States Nuclear Regulatory Commission is the Director, Office of Administration.
§ 2000.1010 Suspending official.amended
method: full_restatement — 0+ / 0−
233. Add part 2001 to read as follows:
The suspending official for the United States Nuclear Regulatory Commission is the Director, Office of Administration.
Part 2001 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"added": 2} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 2001.5 Adoption of 2 CFR part 200.added
method: full_restatement — 119+ / 0−
The United States Nuclear Regulatory Commission adopts the Office of Management and Budget's (OMB) regulation in 2 CFR part 200. This part gives regulatory effect to the OMB regulation for Federal awards made by the United States Nuclear Regulatory Commission. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200. The United States Nuclear Regulatory Commission may amend its adoption of 2 CFR part 200 if agency-specific additions, clarifications, or exceptions to the Government-wide policies and procedures are required by Federal statute or are approved by OMB. See 2 CFR 200.106. Any supplements to the OMB regulation as needed for the United States Nuclear Regulatory Commission, including additions or clarifications, are set forth in this chapter.
§ 2001.6 [Reserved]added
method: paragraph_keyed — 0+ / 0−
234. Revise part 2200 to read as follows:
Part 2200 — NONPROCUREMENT DEBARMENT AND SUSPENSION
7 amended · kinds {"amended": 7} · methods {"full_restatement": 7}
§ 2200.10 What does this part do?amended
method: full_restatement — 0+ / 0−
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the Corporation for National and Community Service policies and procedures for nonprocurement debarment and suspension. It thereby This part gives regulatory effect for the Corporation for National and Community Service to the OMB guidance regulation for Federal awards issued by the Corporation for National Community Service, as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235) 235), and 31 U.S.C. 6101 note (Section (section 2455, Pub. L. 103-355, 108 Stat. 3327).
§ 2200.20 Does this part apply to me?amended
method: full_restatement — 1+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction.” transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970. 180.970); (b) Respondent in a Corporation for National and Community Service suspension or debarment action; (c) Corporation for National and Community Service debarment or suspension official; or (d) Corporation for National and Community Service grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction.
§ 2200.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 7−
The Corporation for National and Community Service policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) 180.220 as supplemented by section 220 in this part (i.e., Sec. 2200.220). § 2200.220. For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, Corporation for National and Community Service policies and procedures are those in the OMB guidance. regulation.
§ 2200.137 Who in the Corporation for National and Community Service may grant an exception to let an excluded person participate in a covered transaction?amended
method: full_restatement — 0+ / 0−
The Chief Executive Officer (or another official designated by the Chief Executive Officer) has the authority to grant an exception to let an excluded person participate in a covered transaction, as provided in the OMB guidance regulation at 2 CFR 180.135.
§ 2200.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
Although the OMB guidance regulation at 2 CFR 180.220(c) allows a Federal agency to do so (also see optional lower tier coverage in the figure in the appendix A to 2 CFR part 180), Corporation for National and Community Service does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement transaction.
§ 2200.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
You as a participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with Subpart subpart C of the OMB guidance in 2 CFR part 180.
§ 2200.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you as an agency official must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, and requires the participant to include a similar term or condition in lower-tier covered transactions.
Part 2205 — IMPLEMENTATION OF AND EXEMPTIONS TO 2 CFR
2 amended · kinds {"amended": 2} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 2205.100 Purpose.amended
method: full_restatement — 13+ / 0−
236. Revise § 2205.100 to read as follows:
Under the authority listed above, the The Corporation for National and Community Service adopts the Office of Management and Budget's (OMB) Guidance regulation in 2 CFR part 200, except as specified in this part. Thus, this This part gives regulatory effect to the OMB guidance regulation for Federal awards issued by the Corporation for National and Community Service and supplements the guidance regulation for recipients of awards from the Corporation. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.
§ 2205.332 [Redesignated as § 2205.333]amended
method: paragraph_keyed
237. Redesignate § 2205.332 as § 2205.333.
Part 2245 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)
4 amended · kinds {"amended": 4} · methods {"full_restatement": 4}
§ 2245.10 What does this part do?amended
method: full_restatement — 0+ / 0−
239. Revise §§ 2245.10 through 2245.30 to read as follows:
This part requires that the award and administration of the Corporation's Corporation for National and Community Service's (Corporation) grants and cooperative agreements comply with Office of Management and Budget (OMB) guidance regulation implementing the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707, as amended, hereafter hereinafter referred to as “the Act”) that applies to grants. It thereby— This part— (a) Gives regulatory effect to the OMB guidance (Subparts regulation (subparts A through F of 2 CFR part 182) for the Corporation's grants and cooperative agreements; and (b) Establishes the Corporation's policies and procedures for compliance with the Act that are the same as those of other Federal agencies, in conformance with the requirement in 41 U.S.C. 705 for Government-wide implementing regulations.
§ 2245.20 Does this part apply to me?amended
method: full_restatement — 0+ / 2−
This part and, through this part, pertinent portions of the OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182 (see table at 2 CFR 182.115(b)) apply to you if you are a— (a) Recipient of a Corporation grant or cooperative agreement; or (b) A Corporation awarding official.
§ 2245.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 0−
(a) General. You must follow the policies and procedures specified in applicable sections of the OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182, as implemented by this part. (b) Specific sections of OMB guidance regulation that this part supplements. In implementing the OMB guidance regulation in 2 CFR part 182, this part supplements four sections of the guidance, OMB regulation, as shown in the following table. For each of those sections, you must follow the policies and procedures in the OMB guidance, regulation, as supplemented by this part. (c) Sections of the OMB guidance regulation that this part does not supplement. For any section of OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182 that is not listed in paragraph (b) of this section, the Corporation's policies and procedures are the same as those in the OMB guidance. regulation.
§ 2245.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB regulation?amended
method: full_restatement — 0+ / 0−
240. Revise § 2245.400 to read as follows:
241. Revise part 2300 to read as follows:
To obtain a recipient's agreement to comply with applicable requirements in the OMB guidance regulation at 2 CFR part 182, you must obtain each recipient's agreement, as a condition of the award, to comply with the requirements in subpart B (or subpart C, if the recipient is an individual) of 2245, this part, which adopts the Government-wide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707).
Part 2300 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"amended": 1, "added": 1} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 2300.10 Applicable regulations.amended
method: full_restatement — 35+ / 0−
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards set forth in 2 CFR part 200 shall apply to the Social Security Administration. This part gives regulatory effect to the Office of Management and Budget regulation for Federal awards issued by the Social Security Administration. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.
§ 2300.11 [Reserved]added
method: paragraph_keyed — 0+ / 0−
242. Revise part 2336 to read as follows:
Part 2336 — NONPROCUREMENT DEBARMENT AND SUSPENSION
7 amended · kinds {"amended": 7} · methods {"full_restatement": 7}
§ 2336.10 What does this part do?amended
method: full_restatement — 0+ / 0−
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the SSA Social Security Administration (SSA) policies and procedures for nonprocurement debarment and suspension. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235) 235), and 31 U.S.C. 6101 note (Section (section 2455, Pub. L. 103-355, 108 Stat. 3327).
§ 2336.20 Does this part apply to me?amended
method: full_restatement — 0+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970); (b) Respondent in an SSA suspension or debarment action; (c) SSA debarment or suspension official; or (d) SSA grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction.
§ 2336.30 What policies and procedures must I follow?amended
method: full_restatement — 1+ / 13−
The SSA policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220), 180.220, as supplemented by section 220 in this part (i.e., § 2336.220). 2336.220. For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, SSA policies and procedures are those in the OMB guidance. regulation.
§ 2336.137 Who in the SSA may grant an exception to let an excluded person participate in a covered transaction?amended
method: full_restatement — 0+ / 0−
(a) Within the Social Security Administration, the Commissioner or the designated agency debarment official may grant an exception permitting an excluded person to participate in a particular covered transaction. If the Commissioner or the designated agency debarment official grants an exception, the exception must be in writing and state the reason(s) for deviating from the OMB guidance regulation at 2 CFR 180.135. (b) An exception granted by one agency for an excluded person does not extend to the covered transactions of another agency.
§ 2336.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
Although the OMB guidance regulation at 2 CFR 180.220(c) allows a Federal agency to do so (also see option lower tier coverage in the figure in the appendix A to 2 CFR part 180), SSA does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement transaction.
§ 2336.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
You as a participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart.
§ 2336.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions.
Part 2339 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)
4 amended · kinds {"amended": 4} · methods {"full_restatement": 4}
§ 2339.10 What does this part do?amended
method: full_restatement — 0+ / 0−
244. Revise §§ 2339.10 through 2339.30 to read as follows:
This part requires that the award and administration of Social Security Administration (SSA) grants and cooperative agreements comply with Office of Management and Budget (OMB) guidance regulation implementing the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707, as amended, hereafter hereinafter referred to as “the Act”) that applies to grants. It thereby— This part— (a) Gives regulatory effect to the OMB guidance regulation (subparts A through F of 2 CFR part 182) for SSA's grants and cooperative agreements; and (b) Establishes SSA's policies and procedures for compliance with the Act that are the same as those of other Federal agencies, in conformance with the requirement in 41 U.S.C. 705 for Government-wide implementing regulations.
§ 2339.20 Does this part apply to me?amended
method: full_restatement — 0+ / 2−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through F of 2 CFR part 182 (see table at 2 CFR 182.115(b)) apply to you if you are— (a) A recipient of an SSA grant or cooperative agreement; or (b) An SSA awarding official.
§ 2339.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 0−
(a) General. You must follow the policies and procedures specified in applicable sections of the OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182, as implemented by this part. (b) Specific sections of OMB guidance regulation that this part supplements. In implementing the OMB guidance regulation in 2 CFR part 182, this part supplements four sections of the guidance, OMB regulation, as shown in the following table. (c) Sections of the OMB guidance regulation that this part does not supplement. Our policies and procedures are the same as those in the OMB guidance regulation for any section not included in the table in paragraph (b) of this section.
§ 2339.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB regulation?amended
method: full_restatement — 0+ / 0−
245. Revise § 2339.400 to read as follows:
246. Revise part 2400 to read as follows:
You must include the following term or condition in the award: Drug-free workplace. You, as the recipient, must comply with drug-free workplace requirements in Subpart subpart B, which adopts the Government-wide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707).
Part 2400 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"added": 2} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 2400.10 Applicable regulations.added
method: full_restatement — 86+ / 0−
Unless excepted under 24 CFR subtitle B, chapters I through IX, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, set forth in 2 CFR part 200, shall apply to Federal awards made by the Department of Housing and Urban Development to non-Federal entities. This part gives regulatory effect to the Office of Management and Budget (OMB) regulation for Federal awards issued by the Department of Housing and Urban Development. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.
§ 2400.11 [Reserved]added
method: paragraph_keyed — 0+ / 0−
Part 2424 — NONPROCUREMENT DEBARMENT AND SUSPENSION
5 amended · kinds {"amended": 5} · methods {"full_restatement": 5}
§ 2424.10 What does this part do?amended
method: full_restatement — 0+ / 0−
248. Revise § 2424.10 to read as follows:
In this part, HUD adopts, the Department of Housing and Urban Development (HUD) implements, as HUD policies, procedures, and requirements for nonprocurement debarment and suspension, the OMB guidance Office of Management and Budget (OMB) regulation in subparts A through I of 2 CFR part 180, as supplemented by this part. This adoption thereby gives regulatory effect for HUD to the OMB guidance, regulation for Federal awards issued by HUD, as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235) 235), and 31 U.S.C. 6101 note (Section (section 2455, Pub. L. 103-355, 108 Stat. 3327).
§ 2424.30 What policies and procedures must I follow?amended
method: full_restatement — 1+ / 13−
249. Revise § 2424.30 to read as follows:
The HUD policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220), 180.220, as supplemented by section 220 in this part (i.e., § 2424.220). 2424.220. For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, HUD policies and procedures are those in the OMB guidance. regulation.
§ 2424.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
250. Revise § 2424.220 to read as follows:
In addition to the contracts covered under 2 CFR 180.220(b) of the OMB guidance, 180.220(b), this part applies to any contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the contract is to be funded or provided by HUD under a covered nonprocurement transaction and the amount of the contract is expected to equal or exceed $25,000. This extends the coverage of the HUD nonprocurement suspension and debarment requirements to all lower tiers of subcontracts under covered nonprocurement transactions, as permitted under the OMB guidance regulation at 2 CFR 180.220(c) (see optional lower-tier coverage in the figure in the appendix A to 2 CFR part 180).
§ 2424.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
251. Revise § 2424.332 to read as follows:
To communicate the requirements to lower-tier participants, you must include a term or condition in the transaction requiring compliance with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart.
§ 2424.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
252. Revise § 2424.437 to read as follows:
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you must include a term or condition in the transaction that requires the participant to: comply with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and include a similar term or condition in lower-tier covered transactions.
Part 2429 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)
4 amended · kinds {"amended": 4} · methods {"full_restatement": 4}
§ 2429.10 What does this part do?amended
method: full_restatement — 0+ / 0−
254. Revise §§ 2429.10 through 2429.30 to read as follows:
This part requires that the award and administration of HUD Department of Housing and Urban Development (HUD) grants and cooperative agreements comply with Office of Management and Budget (OMB) guidance regulation implementing the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707) (referred to as the Act in this part) that applies to grants. This part: (a) Gives regulatory effect to the OMB guidance (Subparts regulation (subparts A through F of 2 CFR part 182) for HUD grants and cooperative agreements; and (b) Establishes HUD policies and procedures for compliance with the Act that are the same as those of other Federal agencies, in conformance with the requirement in 41 U.S.C. 705 for governmentwide Governmentwide implementing regulations.
§ 2429.20 Does this part apply to me?amended
method: full_restatement — 0+ / 2−
This part, and through this part, pertinent portions of the OMB guidance regulation in subparts A through F of 2 CFR part 182 (see table at 2 CFR 182.115(b)) apply to you if you are a: (a) Recipient of a HUD grant or cooperative agreement; or (b) HUD awarding official.
§ 2429.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 0−
(a) General. You must follow the policies and procedures specified in applicable sections of the OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182, as implemented by this part. (b) Specific sections of OMB guidance regulation that this part supplements. In implementing the OMB guidance regulation in 2 CFR part 182, this part supplements four sections of the guidance, OMB regulation, as shown in the following table. For each of those sections, you must follow the policies and procedures of the OMB guidance, regulation, as supplemented by this part. (c) Sections of the OMB guidance regulation that this part does not supplement. For any section of OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182 that is not listed in paragraph (b) of this section, HUD policies and procedures are the same as those in the OMB guidance. regulation.
§ 2429.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB regulation?amended
method: full_restatement — 0+ / 0−
255. Revise § 2429.400 to read as follows:
256. Revise part 2500 to read as follows:
To obtain a recipient's agreement to comply with applicable requirements in the OMB guidance regulation at 2 CFR part 182, you must include the following term or condition in the award: Drug-free workplace. You as the recipient must comply with drug-free workplace requirements in Subpart subpart B (or Subpart subpart C, if the recipient is an individual) of part 2429, which adopts implements the governmentwide implementation (2 CFR part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707).
Part 2500 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"added": 2} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 2500.10 Adoption of 2 CFR part 200.added
method: full_restatement — 225+ / 0−
(a) Under the authority cited for this part, the National Science Foundation (NSF) has formally adopted 2 CFR part 200. This part adopts the Office of Management and Budget (OMB) regulation for Federal awards issued by the NSF. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.The Foundation's implementation document, the NSF Proposal & Award Policies & Procedures Guide, may be found at: www.nsf.gov/publications/pubsumm.jsp?odskey=papp. (b) NSF's implementation includes the following deviation from the Uniform Grants Regulation: (1) Award Cash Management System. NSF is continuing collection of award financial information through the implementation of the Award Cash Management Service (ACM$) and the Program Income Worksheet. ACM$ replaced the NSF Federal Financial Report (FFR) and the NSF FastLane Cash Request process with a single web-based user interface. ACM$ is used to collect award level detail financial information at the time of each payment request submitted by the awardee institution. The Program Income Worksheet is used to collect program income financial information from awardee institutions on an annual basis. ACM$ and the Program Income Worksheet utilize approved Government-wide data elements from the FFR for the collection of financial information as prescribed in 2 CFR 200.328. The requirement for Federal agencies to use the FFR data elements for cash management and financial reporting was publicly announced in Federal Register on August 13, 2008. (2) [Reserved]
§ 2500.11 [Reserved]added
method: paragraph_keyed — 0+ / 0−
257. Revise and republish part 2520 to read as follows:
Part 2520 — NONPROCUREMENT DEBARMENT AND SUSPENSION
7 amended · kinds {"amended": 7} · methods {"full_restatement": 7}
§ 2520.10 What does this part do?amended
method: full_restatement — 0+ / 0−
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the NSF National Science Foundation (NSF) policies and procedures for nonprocurement debarment and suspension. It thereby This part gives regulatory effect for NSF to the OMB guidance regulation as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235) 235), and 31 U.S.C. 6101 note (Section (section 2455, Public Law Pub. L. 103-355, 108 Stat. 3327).
§ 2520.20 Does this part apply to me?amended
method: full_restatement — 0+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see Subpart subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970). (b) Respondent in an NSF suspension or debarment action. (c) NSF debarment or suspension official. (d) NSF grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction.
§ 2520.30 What policies and procedures must I follow?amended
method: full_restatement — 1+ / 13−
The NSF policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) 180.220 as supplemented by section 220 in this part (i.e., § 2520.220). 2520.220. For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, NSF policies and procedures are those in the OMB guidance. regulation.
§ 2520.137 Who in NSF may grant an exception to let an excluded person participate in a covered transaction?amended
method: full_restatement — 0+ / 0−
The NSF Director and the Deputy Director have the authority to grant an exception to let an excluded person participate in a covered transaction.
§ 2520.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
Although the OMB guidance regulation at 2 CFR 180.220(c) allows a Federal agency to do so (also see optional lower tier coverage in the figure in the appendix A to 2 CFR part 180), NSF does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement transaction.
§ 2520.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
You as a participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart.
§ 2520.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
258. Revise part 2600 to read as follows:
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions.
Part 2600 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
3 amended · kinds {"amended": 3} · methods {"full_restatement": 3}
§ 2600.100 Adoption of 2 CFR part 200.amended
method: full_restatement — 2+ / 0−
Under the authority listed above, the The National Archives and Records Administration (NARA), through its National Historical Publications and Records Commission (NHPRC), adopts the Office of Management and Budget (OMB) Guidance regulation in 2 CFR part 200, except regarding indirect costs (see § 2600.101). Thus, with the additions and exceptions included in this part. This part gives regulatory effect to the OMB guidance and supplements regulation for Federal awards issued by NARA. See 2 CFR 200.110(a) regarding the guidance as needed process for NARA and NHPRC. amending 2 CFR part 200.
§ 2600.101 Indirect costs exception to 2 CFR 200.414.amended
method: full_restatement — 0+ / 0−
As approved by the Archivist of the United States, the National Archives does not permit grant recipients to use allocated funds from NARA or NHPRC for indirect costs. Grant recipients may use cost sharing to cover indirect costs instead. NARA's policies on indirect costs are located at http://www.archives.gov/nhprc, www.archives.gov/nhprc, and are included in grant opportunity announcements.
§ 2600.102 Additional NARA grant administration policies.amended
method: full_restatement — 0+ / 0−
Grant recipients must also follow NARA grant administration policies and procedures set out in 36 CFR parts 1202, 1206, 1208, 1211, and 1212.
Part 2700 — NONPROCUREMENT DEBARMENT AND SUSPENSION
6 amended · kinds {"amended": 6} · methods {"full_restatement": 6}
§ 2700.10 What does this part do?amended
method: full_restatement — 0+ / 0−
260. Revise §§ 2700.10 through 2700.30 to read as follows:
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the SBA Small Business Administration (SBA) policies and procedures for nonprocurement debarment and suspension. It thereby This part gives regulatory effect for SBA to the OMB guidance regulation as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189); Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235); and section 2455 of the Federal Acquisition Streamlining Act of 1994, Pub. L. Public Law 103-355 (31 U.S.C. 6101 note).
§ 2700.20 Does this part apply to me?amended
method: full_restatement — 0+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970); (b) Respondent in an SBA suspension or debarment action; (c) SBA debarment or suspension official; or (d) SBA grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction.
§ 2700.30 What policies and procedures must I follow?amended
method: full_restatement — 1+ / 13−
261. Revise subparts B through D to read as follows:
The SBA policies and procedures you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) 180.220 as supplemented by section 220 of this part (i.e., § 2700.220). 2700.220. For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, SBA policies and procedures are those in the OMB guidance. regulation.
§ 2700.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
In addition to the contracts covered under 2 CFR 180.22(b) of the OMB guidance, 180.22(b), this part applies to any contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the contract is to be funded or provided by the SBA under a covered nonprocurement transaction and the amount of the contract is expected to equal or exceed $25,000. This extends the coverage of the SBA nonprocurement suspension and debarment requirements to all lower tiers of subcontracts under covered nonprocurement transactions, as permitted under the OMB guidance regulation at 2 CFR 180.200(c) (see optional lower tier coverage in the figure in the appendix A to 2 CFR part 180) 180).
§ 2700.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
You, as a participant, must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this part.
§ 2700.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions.
Part 2701 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"amended": 2} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 2701.1 Adoption of 2 CFR part 200.amended
method: full_restatement — 3+ / 0−
263. Revise § 2701.1 to read as follows:
(a) Under the authority listed above, the The U.S. Small Business Administration (SBA) adopts the Office of Management and Budget (OMB) Guidance regulation in 2 CFR part 200, except for 2 CFR 200.74, 200.92, with the additions and 200.93. Thus, exceptions included in this part. This part gives regulatory effect to the OMB guidance and supplements regulation for Federal awards issued by the guidance as needed Small Business Administration. See 2 CFR 200.110(a) regarding the process for the Administration. amending 2 CFR part 200.
§ 2701.600 Other program-specific regulations.amended
method: paragraph_keyed
264. Revise the heading for § 2701.600 to read as follows:
2 unchanged unit(s) elided (* * *)
Part 2800 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS BY THE DEPARTMENT OF JUSTICE
2 amended · kinds {"amended": 1, "added": 1} · methods {"paragraph_keyed": 1, "full_restatement": 1}
§ 2800.10 Adoption of 2 CFR part 200.added
method: full_restatement — 107+ / 0−
267. Revise newly redesignated § 2800.10 to read as follows:
268. Revise part 2867 to read as follows:
The Department of Justice adopts the Office of Management and Budget (OMB) regulation in 2 CFR part 200, except as otherwise may be provided by this part. This part gives regulatory effect to the OMB regulation for Federal awards issued by the Department of Justice. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200. Except for the Department of Justice's adoption of 2 CFR part 200, and unless expressly provided otherwise, any reference in this part to any provision of law not in this part shall be understood to constitute a general reference and thus to include any subsequent changes to the provision.
§ 2800.101 [Redesignated as § 2800.10]amended
method: paragraph_keyed
266. Redesignate § 2800.101 as § 2800.10.
Part 2867 — NONPROCUREMENT DEBARMENT AND SUSPENSION
7 amended · kinds {"amended": 7} · methods {"full_restatement": 7}
§ 2867.10 What does this part do?amended
method: full_restatement — 0+ / 0−
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the Department of Justice policies and procedures for nonprocurement debarment and suspension. It thereby This part gives regulatory effect for the Department of Justice to the OMB guidance regulation for the Department of Justice, as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235) 235), and 31 U.S.C. 6101 note (Section (section 2455, Pub. L. 103-355, 108 Stat. 3327).
§ 2867.20 To whom does this part apply?amended
method: full_restatement — 1+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to any— (a) Participant or principal in a “covered transaction” (sees subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970 (as supplemented by subpart B of this part)); (b) Respondent in a Department of Justice suspension or debarment action; (c) Department of Justice debarment or suspension official; or (d) Department of Justice grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction.
§ 2867.30 What policies and procedures must be followed?amended
method: full_restatement — 1+ / 13−
The Department of Justice policies and procedures that must be followed are the policies and procedures specified in each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) 180.220 as supplemented by section 220 in this part (i.e., § 2867.220). 2867.220. For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, Department of Justice policies and procedures are those in the OMB guidance. regulation.
§ 2867.137 Who in the Department of Justice may grant an exception to let an excluded person participate in a covered transaction?amended
method: full_restatement — 0+ / 0−
Within the Department of Justice, the Attorney General or designee has the authority to grant an exception to let an excluded person participate in a covered transaction, as provided in the OMB guidance regulation at 2 CFR 180.135.
§ 2867.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
Although the OMB guidance regulation at 2 CFR 180.220(c) allows a Federal agency to do so (also see optional lower tier coverage in the figure in the appendix A to 2 CFR part 180), the Department of Justice does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement transaction.
§ 2867.332 What method must a participant use to pass requirements down to participants at lower tiers with whom the participant intends to do business?amended
method: full_restatement — 0+ / 4−
A participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart.
§ 2867.437 What method must be used to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, the communication must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions.
Part 2900 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
12 amended · kinds {"amended": 12} · methods {"full_restatement": 12}
§ 2900.3 Questioned cost.amended
method: full_restatement — 0+ / 0−
270. Revise § 2900.3 to read as follows:
271. Revise subparts B and C to read as follows:
In the DOL, Department of Labor, in addition to the guidance regulation contained in 2 CFR 200.1, a questioned cost means a cost that is questioned by an auditor, Federal Project Officer, Grant Officer, or other authorized Awarding agency representative because of an audit or monitoring finding: (a) Which resulted from a violation or possible violation of a statute, regulation, or the terms and conditions of a Federal award, including for funds used to match Federal funds; (b) Where the costs, at the time of the audit, are not supported by adequate documentation; or (c) Where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances. (d) Questioned costs are not an improper payment until reviewed and confirmed to be improper as defined in OMB Office of Management and Budget (OMB) Circular A-123 A-123, Appendix C (see also the definition of improper payment in 2 CFR 200.1).
§ 2900.4 Adoption of 2 CFR part 200.amended
method: full_restatement — 13+ / 0−
Under the authority listed above, the The Department of Labor adopts the Office of Management and Budget (OMB) Guidance in the Uniform OMB regulation “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards to Non-Federal Entities Entities” (subparts A through F of 2 CFR part 200), as supplemented by this part, as Department of Labor policies and procedures for financial assistance administration. This part gives regulatory effect to the OMB guidance as supplemented regulation for Federal awards issued by this part. the Department of Labor (DOL). The DOL also has programmatic and administrative regulations located in titles 20 and 29 of the CFR. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.
§ 2900.5 Federal awarding agency review of risk posed by applicants.amended
method: full_restatement — 1+ / 0−
In addition to the guidance regulation set forth in 2 CFR 200.206(b), in evaluating risks of applicants, DOL also considers audits and monitoring reports containing findings and issues of noncompliance or questioned costs, in addition to reports and findings from audits performed under Subpart F—Audit Requirements subpart F of 2 CFR part 200 or the reports and findings of any other available audits (see 2 CFR 200.206(b)).
§ 2900.7 Federal payment.amended
method: full_restatement — 0+ / 0−
272. Revise §§ 2900.7 and 2900.8 to read as follows:
In addition to the guidance regulation set forth in 2 CFR 200.305(b), for Federal awards from the Department of Labor, the non-Federal entity should liquidate existing advances before it requests additional advances.
§ 2900.8 Cost sharing or matching.amended
method: full_restatement — 0+ / 0−
In addition to the guidance regulation set forth in 2 CFR 200.306(b), for Federal awards from the Department of Labor, the non-Federal entity accounts for funds used for cost sharing or match within their accounting systems as the funds are expended.
§ 2900.10 Prior approval requests.amended
method: full_restatement — 0+ / 0−
273. Revise §§ 2900.10 and 2900.11 to read as follows:
In addition to the guidance regulation set forth in 2 CFR 200.308(c), for Federal awards from the Department of Labor, the non-Federal entity must request prior approval actions at least 30 days prior to the effective date of the requested action (see 2 CFR 200.407).
§ 2900.11 Revision of budget and program plans including extension of the period of performance.amended
method: full_restatement — 0+ / 0−
In addition to the guidance regulation set forth in 2 CFR 200.308(b), for Federal awards from the Department of Labor, the non-Federal entity must request prior approval for an extension to the period of performance.
§ 2900.13 Intangible property.amended
method: full_restatement — 0+ / 0−
274. Revise §§ 2900.13 through 2900.15 to read as follows:
In addition to the guidance regulation set forth in 2 CFR 200.315(d), the Department of Labor requires intellectual property developed under a discretionary Federal award process to be in a format readily accessible and available for open licensing to the public. An open license allows subsequent users to copy, distribute, transmit and adapt the copyrighted work and requires such users to attribute the work in the manner specified by the recipient.
§ 2900.14 Financial reporting.amended
method: full_restatement — 0+ / 0−
In addition to the guidance regulation set forth in 2 CFR 200.328, for Federal awards from the Department of Labor, the DOL awarding agency will prescribe whether the report will be on a cash or an accrual basis. If the DOL awarding agency requires reporting on an accrual basis and the recipient's accounting system is not on the accrual basis, the recipient will not be required to convert its accounting system, but must develop and report such accrual information through best estimates based on an analysis of the documentation on hand.
§ 2900.15 Closeout.amended
method: full_restatement — 0+ / 0−
In addition to the guidance regulation set forth in 2 CFR 200.344(b), for Federal awards from the Department of Labor, the non-Federal entity must liquidate all financial obligations and/or accrued expenditures incurred under the Federal award. For non-Federal entities reporting on an accrual basis and operating on an expenditure period, unless otherwise noted in the grant agreement or cooperative agreement, the only liquidation that can occur during closeout is the liquidation of accrued expenditures (NOT financial obligations) for goods and/or services received during the grant period.
§ 2900.16 Prior written approval (prior approval).amended
method: full_restatement — 0+ / 0−
275. Revise § 2900.16 to read as follows:
In addition to the guidance regulation set forth in 2 CFR 200.407, for Federal awards from the Department of Labor, the non-Federal entity must request prior written approval which should include the timeframe or scope of the agreement and be submitted not less than 30 days before the requested action is to occur. Unless otherwise noted in the grant agreement or cooperative agreement, the Grant Officer is the only official with the authority to provide prior written approval (prior approval). Items included in the statement of work or budget as awarded does not constitute prior approval.
§ 2900.18 Contingency provisions.amended
method: full_restatement — 0+ / 0−
276. Revise § 2900.18 to read as follows:
277. Revise part 2998 to read as follows:
In addition to the guidance regulation set forth in 2 CFR 200.433(c), for Federal awards from the Department of Labor, excepted citations include 2 CFR 200.334 Retention requirements (retention requirements) and 200.335 (requests for records, and 2 CFR 200.335 Requests for transfers of records. records transfers).
Part 2998 — NONPROCUREMENT DEBARMENT AND SUSPENSION
7 amended · kinds {"amended": 7} · methods {"full_restatement": 7}
§ 2998.10 What does this part do?amended
method: full_restatement — 0+ / 2−
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the Department of Labor (DOL) policies and procedures for non-procurement debarment and suspension. It thereby This part gives regulatory effect for DOL to the OMB guidance regulation for Federal awards issued by DOL as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189); Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235); and section 2455 of the Federal Acquisition Streamlining Act of 1994, 103 (31 U.S.C. 6101 note).
§ 2998.20 Does this part apply to me?amended
method: full_restatement — 0+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “non-procurement transaction” at 2 CFR 180.970); (b) Respondent in a Department of Labor suspension or debarment action; (c) Department of Labor debarment or suspension official; or (d) Department of Labor grants officer, agreements officer, or other official authorized to enter into any type of non-procurement transaction that is a covered transaction.
§ 2998.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 7−
(a) The Department of Labor's policies and procedures that you must follow are specified in: (1) Each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180; and (2) The supplement to each section of the OMB guidance regulation that is found in this part under the same section number. (The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) 180.220 as supplemented by section 220 in this part (i.e., Sec. 2998.220)). § 2998.220.) (b) For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, the Department of Labor's policies and procedures are those in the OMB guidance. regulation.
§ 2998.137 Who in DOL may grant an exception to let an excluded person participate in a covered transaction?amended
method: full_restatement — 0+ / 0−
Within the Department of Labor, the Secretary of Labor or designee has the authority to grant an exception to let an excluded person participate in a covered transaction, as provided in the OMB guidance regulation at 2 CFR 180.135. If any designated official grants an exception, the exception must be in writing and state the reason(s) for deviating from the government-wide Government-wide policy in Executive Order 12549.
§ 2998.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
In addition to the contracts covered under 2 CFR 180.220(b) of the OMB guidance, 180.220(b), this part applies to any contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the contract is to be funded or provided by the Department of Labor under a covered non-procurement transaction. This extends the coverage of the Department of Labor non-procurement suspension and debarment requirements to all lower tiers of subcontracts under covered non-procurement transactions, as permitted under the OMB guidance regulation at 2 CFR 180.220(c) (see optional lower tier coverage in the figure in the appendix A to 2 CFR part 180).
§ 2998.332 What requirements must I pass down to persons at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
You, as a participant, must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart.
§ 2998.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
278. Revise and republish part 3000 to read as follows:
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you must include a term or condition in the transaction that requires the participant's compliance with Subpart subpart C of 2 CFR part 180, and supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions.
Part 3000 — NONPROCUREMENT DEBARMENT AND SUSPENSION
7 amended · kinds {"amended": 7} · methods {"full_restatement": 7}
§ 3000.10 What does this part do?amended
method: full_restatement — 4+ / 4−
This part adopts the Office of Management and Budget (OMB) guidance regulation in Subparts subparts A through I of 2 CFR part 180, as supplemented by this part, as the Department of Homeland Security policies and procedures for nonprocurement debarment and suspension. It thereby This part gives regulatory effect to the OMB regulation for the Department of Homeland Security to the OMB guidance as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235) 235), and 31 U.S.C. 6101 note (Section (section 2455, Pub. L. 103-355, 108 Stat. 3327).
§ 3000.20 Does this part apply to me?amended
method: full_restatement — 1+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in Subparts subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see Subpart subpart B of 2 CFR Part part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970); (b) Respondent in a Department of Homeland Security suspension or debarment action; (c) Department of Homeland Security debarment or suspension official; or (d) Department of Homeland Security grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction.
§ 3000.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 13−
The Department of Homeland Security policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in Subparts subparts A through I of 2 CFR Part part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) as supplemented by section 220 in this part (i.e., § 3000.220). 3000.220. For any section of OMB guidance regulation in Subparts subparts A through I of 2 CFR Part part 180 that has no corresponding section in this part, Department of Homeland Security policies and procedures are those in the OMB guidance. regulation.
§ 3000.137 Who in the Department of Homeland Security may grant an exception to let an excluded person participate in a covered transaction?amended
method: full_restatement — 0+ / 0−
Within the Department of Homeland Security, Security (DHS), the Secretary of Homeland Security has delegated the authority to grant an exception to let an excluded person participate in a covered transaction to the Head of the Contracting Activity Chief Financial Officer for each DHS component as provided in the OMB guidance regulation at 2 CFR 180.135.
§ 3000.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 0+ / 0−
Department of Homeland Security extends coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement transaction.
§ 3000.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
You as a participant in a covered transaction must include a term or condition in any lower-tier covered transaction into which you enter, to require the participant of that transaction to— (a) Comply with Subpart subpart C of the OMB guidance in 2 CFR part 180; and (b) Include a similar term or condition in any covered transaction into which it enters at the next lower tier.
§ 3000.437 What method do I use to communicate to a participant the requirements described in the Office of Management and Budget regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 4−
You as a DHS component official must include a term or condition in each covered transaction into which you enter, to communicate to the participant the requirements to— (a) Comply with subpart C of the OMB guidance in 2 CFR part 180; and (b) Include a similar term or condition in any lower-tier covered transactions into which the participant enters.
Part 3001 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)
4 amended · kinds {"amended": 4} · methods {"full_restatement": 4}
§ 3001.10 What does this part do?amended
method: full_restatement — 0+ / 0−
280. Revise §§ 3001.10 through 3001.30 to read as follows:
This part requires that the award and administration of Department of Homeland Security (DHS) grants and cooperative agreements comply with Office of Management and Budget (OMB) guidance regulation implementing the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707, as amended, hereafter hereinafter referred to as “the Act”) that applies to grants. It thereby— This part— (a) Gives regulatory effect to Adopts the OMB guidance, as supplemented by this part (Subparts regulation (subparts A through F of 2 CFR part 182) 182), as supplemented by this part, for DHS's grants and cooperative agreements; and (b) Establishes DHS policies and procedures, as supplemented by this part, for compliance with the Act that are the same as those of other Federal agencies, in conformance with the requirement in 41 U.S.C. 705 for Government-wide implementing regulations.
§ 3001.20 Does this part apply to me?amended
method: full_restatement — 0+ / 2−
This part and, through this part, pertinent portions of the OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182 (see table at 2 CFR 182.115(b)) apply to you if you are a— (a) Recipient of a DHS grant or cooperative agreement; or (b) DHS awarding official.
§ 3001.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 0−
(a) General. You must follow the policies and procedures specified in applicable sections of the OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182, as implemented by this part. (b) Specific sections of OMB guidance regulation that this part supplements. This part supplements the OMB guidance regulation in 2 CFR part 182 as shown in the following table. For each of those sections, you must follow the policies and procedures in the OMB guidance, regulation, as supplemented by this part. (c) Sections of the OMB guidance regulation that this part does not supplement. For any section of OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182 that is not listed in paragraph (b) of this section, DHS policies and procedures are the same as those in the OMB guidance. regulation.
§ 3001.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB regulation?amended
method: full_restatement — 58+ / 0−
281. Revise § 3001.400 to read as follows:
To obtain a recipient's agreement to comply with applicable requirements in the OMB guidance regulation at 2 CFR part 182, you must include the following term or condition in the award: Drug-free workplace. You as the recipient must comply with drug-free workplace requirements in subpart B (or subpart C, if the recipient is an individual) of 2 CFR part 3001, which adopts the Government-wide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707).
Part 3002 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
1 amended · kinds {"amended": 1} · methods {"full_restatement": 1}
§ 3002.10 Adoption of 2 CFR part 200.amended
method: full_restatement — 0+ / 0−
283. Revise § 3002.10 to read as follows:
284. Revise part 3185 to read as follows:
Under the authority listed above, the The Department of Homeland Security adopts the Office of Management and Budget (OMB) Guidance regulation in 2 CFR part 200. Thus, this This part gives regulatory effect to the OMB guidance and supplements regulation for Federal awards issued by the guidance as needed Department of Homeland Security. See 2 CFR 200.110(a) regarding the process for the Department. amending 2 CFR part 200.
Part 3185 — NONPROCUREMENT DEBARMENT AND SUSPENSION
7 amended · kinds {"amended": 7} · methods {"full_restatement": 7}
§ 3185.10 What does this part do?amended
method: full_restatement — 0+ / 0−
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the Institute of Museum and Library Services (IMLS) policies and procedures for nonprocurement debarment and suspension. It thereby This part gives regulatory effect for IMLS to the OMB guidance regulation for Federal awards issued by IMLS as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235) 235), and 31 U.S.C. 6101 note (Section (section 2455, Pub. L. 103-355, 108 Stat. 3327).
§ 3185.20 Does this part apply to me?amended
method: full_restatement — 0+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970. 180.970). (b) Respondent in an IMLS suspension or debarment action. (c) IMLS debarment or suspension official; official. (d) IMLS grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction.
§ 3185.30 What policies and procedures must I follow?amended
method: full_restatement — 1+ / 13−
The IMLS policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) 180.220 as supplemented by section 220 in this part (i.e., § 3185.220). 3185.220. For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, IMLS policies and procedures are those in the OMB guidance. regulation.
§ 3185.137 Who in the IMLS may grant an exception to let an excluded person participate in a covered transaction?amended
method: full_restatement — 0+ / 0−
The IMLS Director has the authority to grant an exception to let an excluded person participate in a covered transaction, as provided in the OMB guidance regulation at 2 CFR 180.135.
§ 3185.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
Although the OMB guidance regulation at 2 CFR 180.220(c) allows a Federal agency to do so (also see optional lower-tier coverage in the figure in the appendix A to 2 CFR part 180), IMLS does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement transaction.
§ 3185.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
You as a participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart.
§ 3185.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions.
Part 3186 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)
4 amended · kinds {"amended": 4} · methods {"full_restatement": 4}
§ 3186.10 What does this part do?amended
method: full_restatement — 6+ / 0−
286. Revise §§ 3186.10 through 3186.30 to read as follows:
This part requires that the award and administration of IMLS Institute of Museum and Library Services (IMLS) grants and cooperative agreements comply with Office of Management and Budget (OMB) guidance regulation implementing the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707, as amended, hereafter hereinafter referred to as “the Act”) that applies to grants. It thereby— This part— (a) Gives regulatory effect to the OMB guidance (Subparts regulation (subparts A through F of 2 CFR part 182) for Federal awards issued by IMLS for the IMLS's grants and cooperative agreements; and (b) Establishes IMLS policies and procedures for compliance with the Act that are the same as those of other Federal agencies, in conformance with the requirement in 41 U.S.C. 705 for Governmentwide implementing regulations.
§ 3186.20 Does this part apply to me?amended
method: full_restatement — 0+ / 2−
This part and, through this part, pertinent portions of the OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182 (see table at 2 CFR 182.115(b)) apply to you if you are a— (a) Recipient of an IMLS grant or cooperative agreement; or (b) IMLS awarding official.
§ 3186.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 0−
(a) General. You must follow the policies and procedures specified in applicable sections of the OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182, as implemented by this part. (b) Specific sections of OMB guidance regulation that this part supplements. In implementing the OMB guidance regulation in 2 CFR part 182, this part supplements four sections of the guidance, OMB regulation, as shown in the following table. For each of those sections, you must follow the policies and procedures in the OMB guidance, regulation, as supplemented by this part. (c) Sections of the OMB guidance regulation that this part does not supplement. For any section of OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182 that is not listed in paragraph (b) of this section, IMLS policies and procedures are the same as those in the OMB guidance. regulation.
§ 3186.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB regulation?amended
method: full_restatement — 0+ / 0−
287. Revise § 3186.400 to read as follows:
To obtain a recipient's agreement to comply with applicable requirements in the OMB guidance regulation at 2 CFR part 182, you must include the following term or condition in the award: Drug-free workplace. You as the recipient must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 CFR part 3186, which adopts the Governmentwide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707).
Part 3187 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
1 amended · kinds {"amended": 1} · methods {"full_restatement": 1}
§ 3187.1 Adoption of 2 CFR part 200.amended
method: full_restatement — 15+ / 0−
289. Revise § 3187.1 to read as follows:
290. Revise part 3254 to read as follows:
Under the authority listed above, the The Institute of Museum and Library Services (IMLS) adopts the Office of Management and Budget (OMB) Guidance regulation in 2 CFR part 200, with the additions that are provided below. Thus, in this part. This part gives regulatory effect to the OMB guidance regulations and supplements the guidance regulations as needed for IMLS. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.
Part 3254 — NONPROCUREMENT DEBARMENT AND SUSPENSION
7 amended · kinds {"amended": 7} · methods {"full_restatement": 7}
§ 3254.10 What does this part do?amended
method: full_restatement — 0+ / 3−
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the National Endowment for the Arts (NEA) policies and procedures for nonprocurement debarment and suspension. It thereby This part gives regulatory effect for the NEA to the OMB guidance regulation for Federal awards issued by the Department as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235) 235), and 31 U.S.C. 6101 note (Section (section 2455, Public Law Pub. L. 103-355, 108 Stat. 3327).
§ 3254.20 Does this part apply to me?amended
method: full_restatement — 0+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970. 180.970). (b) Respondent in a NEA suspension or debarment action. (c) NEA debarment or suspension official; official. (d) NEA grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction; transaction.
§ 3254.30 What policies and procedures must I follow?amended
method: full_restatement — 1+ / 13−
The NEA policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) 180.220 as supplemented by section 220 in this part (i.e., § 3254.220). 3254.220. For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, NEA policies and procedures are those in the OMB guidance. regulation.
§ 3254.137 Who in the NEA may grant an exception to let an excluded person participate in a covered transaction?amended
method: full_restatement — 0+ / 0−
The NEA Chairman has the authority to grant an exception to let an excluded person participate in a covered transaction, as provided in the OMB guidance regulation at 2 CFR 180.135.
§ 3254.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
Although the OMB guidance regulation at 2 CFR 180.220(c) allows a Federal agency to do so (also see options lower tier coverage in the figure in the appendix A to 2 CFR part 180), NEA does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement transaction.
§ 3254.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
You as a participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart.
§ 3254.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
291. Revise part 3255 to read as follows:
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions.
Part 3255 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"amended": 1, "added": 1} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 3255.1 Adoption of 2 CFR part 200.amended
method: full_restatement — 17+ / 0−
Under the authority listed above, the The National Endowment for the Arts (NEA) adopts the Office of Management and Budget (OMB) Guidance regulation in 2 CFR part 200. Thus, this This part gives regulatory effect to the OMB guidance and supplements the guidance as needed regulation for Federal awards issued by the NEA. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.
§ 3255.2 [Reserved]added
method: paragraph_keyed — 0+ / 0−
Part 3256 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)
4 amended · kinds {"amended": 4} · methods {"full_restatement": 4}
§ 3256.100 What does this part do?amended
method: full_restatement — 0+ / 0−
293. Revise §§ 3256.100 through 3256.110 to read as follows:
This part requires that the award and administration of NEA National Endowment for the Arts (NEA) grants and cooperative agreements comply with Office of Management and Budget (OMB) guidance regulation implementing the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707, 8101-8106, as amended, hereafter hereinafter referred to as “the Act”) that applies to grants. It thereby— This part— (a) Gives regulatory effect to the OMB guidance regulation (subparts A through F of 2 CFR part 182) for the NEA's grants and cooperative agreements; and (b) Establishes NEA policies and procedures for compliance with the Act that are the same as those of other Federal agencies, in conformance with the requirement in 41 U.S.C. 705 8106 for Governmentwide implementing regulations.
§ 3256.105 Does this part apply to me?amended
method: full_restatement — 0+ / 2−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through F of 2 CFR part 182 (see table at 2 CFR 182.115(b)) apply to you if you are a— (a) Recipient of an NEA grant or cooperative agreement; or (b) NEA awarding official.
§ 3256.110 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 0−
(a) General. You must follow the policies and procedures specified in the applicable sections of the OMB guidance regulation in subparts A through F of 2 CFR part 182, as implemented by this part. (b) Specific sections of OMB guidance regulation that this part supplements. In implementing the guidance regulation in 2 CFR part 182, this part supplements four sections of that guidance, the OMB regulation, as shown in the following table. For each of those sections, you must follow the policies and procedures in the OMB guidance, regulation, as supplemented by this part. (c) Sections of the OMB guidance regulation that this part does not supplement. For any section of OMB guidance regulation in subparts A through F of 2 CFR part 182 that is not listed in paragraph (b) of this section, the NEA's policies and procedures are the same as those in the OMB guidance. regulation.
§ 3256.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB regulation?amended
method: full_restatement — 0+ / 0−
294. Revise § 3256.400 to read as follows:
295. Revise part 3369 to read as follows:
To obtain a recipient's agreement to comply with applicable requirements in the OMB guidance regulation at 2 CFR part 182, you must include the following term or condition in the award: Drug-free workplace. You as the recipient must comply with drug-free workplace requirements in subpart B (or subpart C, if the recipient is an individual) of this part, which adopts the Governmentwide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707). 8101-8106).
Part 3369 — NONPROCUREMENT DEBARMENT AND SUSPENSION
7 amended · kinds {"amended": 7} · methods {"full_restatement": 7}
§ 3369.10 What does this part do?amended
method: full_restatement — 4+ / 0−
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the National Endowment for the Humanities (NEH) policies and procedures for nonprocurement debarment and suspension. It thereby This part gives regulatory effect for Federal awards issued by the NEH to the OMB guidance regulation as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235) 235), and 31 U.S.C. 6101 note (Section (section 2455, Public Law Pub. L. 103-355, 108 Stat. 3327).
§ 3369.20 Does this part apply to me?amended
method: full_restatement — 0+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970). (b) Respondent in a NEH suspension or debarment action. (c) NEH debarment or suspension official; official. (d) NEH grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction; transaction.
§ 3369.30 What policies and procedures must I follow?amended
method: full_restatement — 1+ / 13−
The NEH policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) 180.220 as supplemented by section 220 in this part (i.e., § 3369.220). 3369.220. For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, NEH policies and procedures are those in the OMB guidance. regulation.
§ 3369.137 Who in the NEH may grant an exception to let an excluded person participate in a covered transaction?amended
method: full_restatement — 0+ / 0−
The NEH Chairman has the authority to grant an exception to let an excluded person participate in a covered transaction, as provided in the OMB guidance regulation at 2 CFR 180.135.
§ 3369.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
Although the OMB guidance regulation at 2 CFR 180.220(c) allows a Federal agency to do so (also see optional lower tier coverage in the figure in the appendix A to 2 CFR part 180), NEH does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement transaction.
§ 3369.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
You as a participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart.
§ 3369.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions.
Part 3373 — REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)
4 amended · kinds {"amended": 4} · methods {"full_restatement": 4}
§ 3373.10 What does this part do?amended
method: full_restatement — 0+ / 0−
297. Revise §§ 3373.10 through 3373.30 to read as follows:
This part requires that the award and administration of NEH National Endowment for the Humanities (NEH) grants and cooperative agreements comply with Office of Management and Budget (OMB) guidance regulation implementing the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707, as amended, hereafter hereinafter referred to as “the Act”) that applies to grants. It thereby— This part— (a) Gives regulatory effect to the OMB guidance (Subparts regulation (subparts A through F of 2 CFR part 182) for the NEH's grants and cooperative agreements; and (b) Establishes NEH policies and procedures for compliance with the Act that are the same as those of other Federal agencies, in conformance with the requirement in 41 U.S.C. 705 for Governmentwide implementing regulations.
§ 3373.20 Does this part apply to me?amended
method: full_restatement — 0+ / 2−
This part and, through this part, pertinent portions of the OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182 (see table at 2 CFR 182.115(b)) apply to you if you are a— (a) Recipient of a NEH grant or cooperative agreement; or (b) NEH awarding official.
§ 3373.30 What policies and procedures must I follow?amended
method: full_restatement — 0+ / 0−
(a) General. You must follow the policies and procedures specified in applicable sections of the OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182, as implemented by this part. (b) Specific sections of OMB guidance regulation that this part supplements. In implementing the OMB guidance regulation in 2 CFR part 182, this part supplements four sections of the guidance, OMB regulation, as shown in the following table. For each of those sections, you must follow the policies and procedures in the OMB guidance, regulation, as supplemented by this part. (c) Sections of the OMB guidance regulation that this part does not supplement. For any section of OMB guidance regulation in Subparts subparts A through F of 2 CFR part 182 that is not listed in paragraph (b) of this section, NEH policies and procedures are the same as those in the OMB guidance. regulation.
§ 3373.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB regulation?amended
method: full_restatement — 58+ / 0−
298. Revise § 3373.400 to read as follows:
299. Revise part 3374 to read as follows:
To obtain a recipient's agreement to comply with applicable requirements in the OMB guidance regulation at 2 CFR part 182, you must include the following term or condition in the award: Drug-free workplace. You as the recipient must comply with drug-free workplace requirements in subpart B (or subpart C, if the recipient is an individual) of 2 CFR part 3373, which adopts the Governmentwide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707).
Part 3374 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"amended": 1, "added": 1} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 3374.1 Adoption of 2 CFR part 200.amended
method: full_restatement — 0+ / 0−
Under the authority listed above, the The National Endowment for the Humanities (NEH) adopts the Office of Management and Budget (OMB) Guidance regulation in 2 CFR part 200. Thus, this This part gives regulatory effect to the OMB guidance and supplements regulation for Federal awards issued by NEH. See 2 CFR 200.110(a) regarding the guidance as needed process for NEH. amending 2 CFR part 200.
§ 3374.2 [Reserved]added
method: paragraph_keyed — 0+ / 0−
Part 3474 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"amended": 1, "added": 1} · methods {"paragraph_keyed": 1, "full_restatement": 1}
§ 3474.1 [Redesignated as § 3474.3]amended
method: paragraph_keyed
301. Redesignate § 3474.1 as § 3474.3.
2 unchanged unit(s) elided (* * *)
§ 3474.3 Adoption of 2 CFR part 200.added
method: full_restatement — 56+ / 0−
302. Revise newly redesignated § 3474.3 to read as follows:
The Department of Education adopts the Office of Management and Budget (OMB) regulation in 2 CFR part 200, except for 2 CFR 200.102(a) and 200.208. This part gives regulatory effect to the OMB regulation for Federal awards issued by the Department of Education. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.
Part 3485 — NONPROCUREMENT DEBARMENT AND SUSPENSION
2 amended · kinds {"amended": 2} · methods {"full_restatement": 2}
§ 3485.12 What does this part do?amended
method: full_restatement — 13+ / 6−
304. Revise § 3485.12 to read as follows:
305. Revise subpart B to read as follows:
(a)(1) The Department of Education (the “Department” or “ED”) adopts subparts A through I of the Office of Management and Budget guidance (OMB) regulation in 2 CFR part 180. Thus, this This part gives regulatory effect to the OMB guidance regulation for Federal awards issued by the Department of Education and supplements the guidance regulation as needed for the Department. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, part 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, part 1989 Comp., p. 235) 235), and 31 U.S.C. 6101 note (Section (section 2455, Pub. L. 103-355, 108 Stat. 3327). (2) The table of contents for this This part contains only those sections in part 3485 that include supplements to the guidance regulation in part 180 of this title and new sections needed to implement the guidance OMB regulation for the Department's programs. In those sections of the OMB guidance regulation that are supplemented, the section in this part 3485 includes both the text of the OMB guidance regulation that is not affected by the change and any additional paragraphs that need to be added to the OMB guidance. regulation. For example, § 180.220 of this title contains only paragraphs (a) and (b). The text of § 3485.220, which supplements § 180.220 to extend lower-tier transactions to certain transactions below the primary tier, 180.220, includes both the text of paragraph (a) and (b) of § 180.220 and the text of added paragraph (c). (3) In those sections in part 180 of this title that do not have paragraph designations and that the Department supplements, the section in this part implementing the OMB guidance regulation designates the undesignated paragraph from part 180 as paragraph (a) and the first supplemental paragraph as paragraph (b). For example, 2 CFR § 180.330 of this title includes an undesignated lead in paragraph and two subparagraphs designated paragraphs (a) and (b). In § 3485.330, the undesignated paragraph in 2 CFR § 180.330 is designated paragraph (a) and the two subparagraphs paragraphs (a) and (b) are designated paragraphs (1) and (2). The added paragraphs are designated paragraph paragraphs (b) and (c). (b) The authority for all the provisions in 2 CFR part 180 of this title as adopted in this part is are listed as follows. in the authority for this part.
§ 3485.220 Are any procurement contracts included as covered transactions?amended
method: full_restatement — 3+ / 0−
(a) Covered transactions under this part— (1) Do not include any procurement contracts awarded directly by a Federal agency; but (2) Do include some procurement contracts awarded by non-Federal participants in nonprocurement covered transactions. (b) Specifically, a contract for goods or services is a covered transaction if any of the following applies: (1) The contract is awarded by a participant in a nonprocurement transaction that is covered under § 180.210 of this title, and the amount of the contract is expected to equal or exceed $25,000. (2) The contract requires the consent of an official of a Federal agency. In that case, the contract, regardless of the amount, always is a covered transaction, and it does not matter who awarded it. For example, it could be a subcontract awarded by a contractor at a tier below a nonprocurement transaction, as shown in the Appendix appendix A to Part 3485—Covered Transactions. this part. (3) The contract is for Federally-required federally-required audit services. (4) The contract is to perform services as a third party servicer in connection with a title IV, HEA program. (c) In addition to the contracts covered under 2 CFR § 180.220(b) of the OMB guidance, this title, this part applies to any contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the contract is to be funded or provided by ED under a covered nonprocurement transaction and the amount of the contract is expected to equal or exceed $25,000. This extends the coverage of the ED nonprocurement suspension and debarment requirements to all lower tiers of subcontracts under covered nonprocurement transactions, as permitted under the OMB guidance regulation at 2 CFR § 180.220(c) of this title (see optional lower tier coverage in the figure in Appendix appendix A to Part 3485—Covered Transactions). this part).
Part 3513 — NONPROCUREMENT DEBARMENT AND SUSPENSION
5 amended · kinds {"amended": 5} · methods {"full_restatement": 5}
§ 3513.10 What does this part do?amended
method: full_restatement — 0+ / 3−
307. Revise §§ 3513.10 through 3513.30 to read as follows:
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the Export Import Bank of the United States (Ex-Im Bank) policies and procedures for nonprocurement debarment and suspension. It thereby This part gives regulatory effect for Ex-Im Bank to the OMB guidance regulation as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235) 235), and 31 U.S.C. 6101 note (Section (section 2455, Pub. L. 103-355, 108 Stat. 3327).
§ 3513.20 Does this part apply to me?amended
method: full_restatement — 0+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part 180 (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970, as supplemented by subpart B of this part). (b) Respondent in an Ex-Im Bank suspension or debarment action. (c) Ex-Im Bank debarment or suspension official; official. (d) Ex-Im Bank grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction; transaction.
§ 3513.30 What policies and procedures must I follow?amended
method: full_restatement — 1+ / 13−
Ex-Im Bank policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) 180.220 as supplemented by section 220 in this pat (i.e., § 3513.220). 3513.220. For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, Ex-Im Bank policies and procedures are those in the OMB guidance. regulation.
§ 3513.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
308. Revise § 3513.220 to read as follows:
Although the OMB guidance regulation at 2 CFR 180.220(c) allows a Federal agency to do so (also see optional lower tier coverage in the figure in the appendix A to 2 CFR part 180), Ex-Im Bank does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement under a covered nonprocurement transaction.
§ 3513.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
309. Revise § 3513.437 to read as follows:
310. Revise part 3603 to read as follows:
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions.
Part 3603 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"added": 2} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 3603.10 Adoption of 2 CFR part 200.added
method: full_restatement — 56+ / 0−
The Executive Office of the President, Office of National Drug Control Policy (ONDCP) adopts the Office of Management and Budget (OMB) regulation in 2 CFR part 200. This part gives regulatory effect to the OMB regulation for Federal awards issued by the ONDCP. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.
§ 3603.11 [Reserved]added
method: paragraph_keyed — 0+ / 0−
311. Revise part 3700 to read as follows:
Part 3700 — NONPROCUREMENT DEBARMENT AND SUSPENSION
7 amended · kinds {"amended": 7} · methods {"full_restatement": 7}
§ 3700.10 What does this part do?amended
method: full_restatement — 0+ / 0−
This part adopts the Office of Management and Budget (OMB) guidance regulation in subparts A through I of 2 CFR part 180, as supplemented by this part, as the Peace Corps policies and procedures for nonprocurement debarment and suspension. It thereby This part gives regulatory effect for the Peace Corps to the OMB guidance regulation as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR CFR, 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR CFR, 1989 Comp., p. 235) 235), and 31 U.S.C. 6101 note (Section (section 2455, Pub. L. 103-355, 108 Stat. 3327).
§ 3700.20 Does this part apply to me?amended
method: full_restatement — 0+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970); (b) Respondent in a Peace Corps suspension or debarment action; (c) Peace Corps debarment or suspension official; or (d) Peace Corps grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction.
§ 3700.30 What policies and procedures must I follow?amended
method: full_restatement — 1+ / 13−
The Peace Corps policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in subparts A through I of 2 CFR part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) 180.220 as supplemented by section 220 in this part (i.e., § 3700.220). For any section of OMB guidance regulation in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, Peace Corps policies and procedures are those in the OMB guidance. regulation.
§ 3700.137 Who in the Peace Corps may grant an exception to let an excluded person participate in a covered transaction?amended
method: full_restatement — 0+ / 0−
The Director of the Peace Corps has the authority to grant an exception to let an excluded person participate in a covered transaction, as provided in the OMB guidance regulation at 2 CFR 180.135.
§ 3700.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 1+ / 1−
Although the OMB guidance regulation at 2 CFR 180.220(c) allows a Federal agency to do so (also see optional lower tier coverage in the figure in the appendix A to 2 CFR part 180), Peace Corps does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement transaction.
§ 3700.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
You as a participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180.
§ 3700.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
312. Add part 3701 to read as follows:
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you as an agency official must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, and requires the participant to include a similar term or condition in lower-tier covered transactions.
Part 3701 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"added": 2} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 3701.10 Adoption of 2 CFR part 200.added
method: full_restatement — 106+ / 0−
The Peace Corps adopts the Office of Management and Budget's (OMB) regulation in 2 CFR part 200. This part gives regulatory effect to the OMB regulation for Federal awards made by the Peace Corps. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200. Peace Corps may amend its adoption of 2 CFR part 200 if agency-specific additions, clarifications, or exceptions to the Government-wide policies and procedures are required by Federal statute or are approved by OMB. See 2 CFR 200.106. Any supplements to the OMB regulation as needed for the Peace Corps, including additions or clarifications, are set forth in this chapter.
§ 3701.11 [Reserved]added
method: paragraph_keyed — 0+ / 0−
313. Revise part 5800 to read as follows:
Part 5800 — NONPROCUREMENT DEBARMENT AND SUSPENSION
10 amended · kinds {"amended": 10} · methods {"full_restatement": 10}
§ 5800.10 What does this part do?amended
method: full_restatement — 0+ / 0−
This part adopts the Office of Management and Budget (OMB) guidance regulation in Subparts subparts A through I of 2 CFR part 180, as supplemented by this part, as the U.S. Election Assistance Commission (“the Commission” or “EAC”) policies and procedures for nonprocurement debarment and suspension. It thereby This part gives regulatory effect for the Commission to the OMB guidance regulation as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” Suspension”, and 31 U.S.C. 6101 note.
§ 5800.20 Does this part apply to me?amended
method: full_restatement — 0+ / 0−
This part and, through this part, pertinent portions of the OMB guidance regulation in subparts A through I of 2 CFR part (see table at 2 to 2 CFR 180.100(b)) apply to you if you are a— (a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970); (b) Respondent in a Commission suspension or debarment action; (c) Commission debarment or suspension official; or (d) Commission grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction.
§ 5800.30 What policies and procedures must I follow?amended
method: full_restatement — 1+ / 7−
The Commission policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance regulation in Subparts subparts A through I of 2 CFR part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) 180.220 as supplemented by section 220 in this part (i.e., §.220). § 5800.220. For any section of OMB guidance regulation in Subparts subparts A through I of 2 CFR part 180 that has no corresponding section in this part, Commission policies and procedures are those in the OMB guidance. regulation.
§ 5800.137 Who at the Commission may grant an exception to let an excluded person participate in a covered transaction?amended
method: full_restatement — 0+ / 0−
The Commission's Contracting Officer has the authority to grant an exception to let an excluded person participate in a covered transaction, as provided in the OMB guidance regulation at 2 CFR 180.135.
§ 5800.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?amended
method: full_restatement — 0+ / 0−
Pursuant to 2 CFR 180.220(c), the Commission extends coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts to include any subcontract to be funded by the Commission, the value of which is expected to equal to or exceed $25,000 or 30 percent of the value of first-tier transaction, whichever is lesser. subcontract.
§ 5800.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business?amended
method: full_restatement — 0+ / 4−
If a lower-tier transaction is covered pursuant to § 5800.220, you as a participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with Subpart subpart C of the OMB guidance in 2 CFR part 180.
§ 5800.437 What method do I use to communicate to a participant the requirements described in the OMB regulation at 2 CFR 180.435?amended
method: full_restatement — 0+ / 0−
To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, 180.435, you as an agency official must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, and requires the participant to include a similar term or condition in lower-tier covered transactions.
§ 5800.930 Debarring official.amended
method: full_restatement — 0+ / 0−
For the Commission, the debarring official for all nonprocurement transactions is the Commission's Contracting Officer. In the case of a vacancy in the position of the Contracting Officer, the alternate debarring official is the Chief Financial Officer.
§ 5800.970 Nonprocurement transaction.amended
method: full_restatement — 0+ / 0−
While the Commission treats all payments made to states States under 42 U.S.C. 15301, 15302 and 15401 as grants, this part does not apply to grants made to states States and political subdivisions therein.
§ 5800.1010 Suspending official.amended
method: full_restatement — 0+ / 0−
For the Commission, the debarring official for all nonprocurement transactions is the Commission's Contracting Officer. In the case of a vacancy in the position of the Contracting Officer, the alternate debarring official is the Chief Financial Officer.
Part 5801 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
1 amended · kinds {"amended": 1} · methods {"full_restatement": 1}
§ 5801.10 Adoption of 2 CFR part 200.amended
method: full_restatement — 0+ / 0−
315. Revise § 5801.10 to read as follows:
316. Revise part 5900 to read as follows
The U.S. Election Assistance Commission adopts the Office of Management and Budget (OMB) Guidance regulation in 2 CFR part 200. Thus, this This part gives regulatory effect to the OMB guidance. regulation for Federal awards issued by the U.S. Election Assistance Commission. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.
Part 5900 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"added": 2} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 5900.10 Adoption of 2 CFR part 200.added
method: full_restatement — 53+ / 0−
The Gulf Coast Ecosystem Restoration Council adopts the Office of Management and Budget (OMB) regulation in 2 CFR part 200. This part gives regulatory effect to the OMB regulation for Federal awards issued by the Gulf Coast Ecosystem Restoration Council. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.
§ 5900.11 [Reserved]added
method: paragraph_keyed — 0+ / 0−
317. Revise part 6000 to read as follows
Part 6000 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"amended": 2} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 6000.1 Adoption of 2 CFR part 200.amended
method: full_restatement — 31+ / 0−
Except as otherwise may be provided by this part, the Federal Communications Commission adopts the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards set forth at 2 CFR part 200. This part gives regulatory effect to the OMB regulation for Federal awards issued by the Federal Communications Commission. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200.
§ 6000.2 [Reserved]amended
method: paragraph_keyed
318. Add chapter LXI (consisting of parts 6100 through 6199) to subtitle B to read as follows:
Part 6100 — THE UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"added": 2} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 6100.10 Adoption of 2 CFR part 200.added
method: full_restatement — 115+ / 0−
The Consumer Product Safety Commission adopts the Office of Management and Budget's (OMB) regulation in 2 CFR part 200. This part gives regulatory effect to the OMB regulation for Federal awards made by the Consumer Product Safety Commission. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200. The Consumer Product Safety Commission may amend its adoption of 2 CFR part 200 if agency-specific additions, clarifications, or exceptions to the Government-wide policies and procedures are required by Federal statute or are approved by OMB. See 2 CFR 200.106. Any supplements to the OMB regulation as needed for the Consumer Product Safety Commission, including additions or clarifications, are set forth in this chapter.
§ 6100.11 [Reserved]added
method: paragraph_keyed — 0+ / 0−
319. Add chapter LXII (consisting of parts 6200 through 6299) to subtitle B to read as follows:
Part 6200 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"added": 2} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 6200.10 Adoption of 2 CFR part 200.added
method: full_restatement — 113+ / 0−
(a) The Delta Regional Authority adopts the Office of Management and Budget's (OMB) regulation in 2 CFR part 200. This part gives regulatory effect to the OMB regulation for Federal awards made by the Delta Regional Authority. (b) See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200. The Delta Regional Authority may amend its adoption of 2 CFR part 200 if agency-specific additions, clarifications, or exceptions to the Government-wide policies and procedures are required by Federal statute or are approved by OMB. See 2 CFR 200.106. Any supplements to the OMB regulation as needed for the Delta Regional Authority, including additions or clarifications, are set forth in this chapter.
§ 6200.11 [Reserved]added
method: paragraph_keyed — 0+ / 0−
320. Add chapter LXIII (consisting of parts 6300 through 6399) to subtitle B to read as follows:
Part 6300 — THE UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"added": 2} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 6300.10 Adoption of 2 CFR part 200.added
method: full_restatement — 117+ / 0−
The Appraisal Subcommittee of the Federal Financial Institutions Examination Council (the Appraisal Subcommittee) adopts the Office of Management and Budget's (OMB) regulation in 2 CFR part 200. This part gives regulatory effect to the OMB regulation for Federal awards made by the Appraisal Subcommittee. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200. The Appraisal Subcommittee may amend its adoption of 2 CFR part 200 if agency-specific additions, clarifications, or exceptions to the Government-wide policies and procedures are required by Federal statute or are approved by OMB. See 2 CFR 200.106. Any supplements to the OMB regulation as needed for the Appraisal Subcommittee, including additions or clarifications, are set forth in this chapter.
§ 6300.11 [Reserved]added
method: paragraph_keyed — 0+ / 0−
321. Add chapter LXIV (consisting of parts 6400 through 6499) to subtitle B to read as follows:
Part 6400 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"added": 2} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 6400.10 Adoption of 2 CFR part 200.added
method: full_restatement — 112+ / 0−
The Marine Mammal Commission adopts the Office of Management and Budget's (OMB) regulation in 2 CFR part 200. This part gives regulatory effect to the OMB regulation for Federal awards made by the Marine Mammal Commission. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200. The Marine Mammal Commission may amend its adoption of 2 CFR part 200 if agency-specific additions, clarifications, or exceptions to the Government-wide policies and procedures are required by Federal statute or are approved by OMB. See 2 CFR 200.106. Any supplements to the OMB regulation as needed for the Marine Mammal Commission, including additions or clarifications, will be set forth in this chapter.
§ 6400.11 [Reserved]added
method: paragraph_keyed — 0+ / 0−
322. Add chapter LXV (consisting of parts 6500 through 6599) to subtitle B to read as follows:
Part 6500 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
2 amended · kinds {"added": 2} · methods {"full_restatement": 1, "paragraph_keyed": 1}
§ 6500.10 Adoption of 2 CFR part 200.added
method: full_restatement — 193+ / 0−
The Millennium Challenge Corporation (MCC) adopts the Office of Management and Budget's (OMB) regulation in 2 CFR part 200, except for issuance of funding to or in support of candidate and eligible countries as determined by MCC under the authority of its authorizing statute, as amended. This part gives regulatory effect to the OMB regulation for Federal awards made by the Millennium Challenge Corporation, excepting those awards to or in support of candidate and eligible countries as determined by MCC under the authority of its authorizing statute, as amended. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200. The Millennium Challenge Corporation may amend its adoption of 2 CFR part 200 if agency-specific additions, clarifications, exceptions to the Government-wide policies and procedures are required by Federal statute or are approved by OMB. See 2 CFR 200.106. Any supplements to the OMB regulation as needed for the Millennium Challenge Corporation, including additions or clarifications, are set forth in this chapter. Publicly available policies, processes, and rule for administrative requirements, cost principles, and audit requirements for awards to or in support of candidate and eligible countries can be found at https://www.mcc.gov/resources.
§ 6500.11 [Reserved]added
method: paragraph_keyed — 0+ / 0−
323. Add chapter LXVI (consisting of parts 6600 through 6699) to subtitle B to read as follows:
Part 6600 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
3 amended · kinds {"added": 3} · methods {"full_restatement": 3}
§ 6600.10 Adoption of 2 CFR part 200.added
method: full_restatement — 128+ / 0−
Except as otherwise may be provided by this chapter, the National Credit Union Administration (NCUA) adopts the Office of Management and Budget's (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards set forth at 2 CFR part 200. This part gives regulatory effect to the OMB regulation for Federal awards administered by the NCUA. See 2 CFR 200.110(a) regarding the process for amending 2 CFR part 200. The NCUA may amend its adoption of 2 CFR part 200 if agency-specific additions, clarifications, or exceptions to the Government-wide policies and procedures are required by Federal statute or are approved by OMB. See 2 CFR 200.106. Any supplements to the OMB regulation as needed for the NCUA, including additions or clarifications, are set forth in this chapter.
§ 6600.15 Other statutory and regulatory requirements.added
method: full_restatement — 56+ / 0−
Pursuant to 12 U.S.C. 1772c-1, program-specific regulations governing the Community Development Revolving Loan Fund for Credit Unions (CDRLF) may be found in 12 CFR part 705. These program-specific regulations supplement 2 CFR part 200. NCUA policies concerning CDRLF awards, including notices, award terms and conditions, and regulations, are available on-line at www.ncua.gov. See 2 CFR 200.101(d).
§ 6600.102 Exceptions.added
method: full_restatement — 168+ / 0−
(a) Statutory or regulatory exceptions. The NCUA may adjust requirements to a class of Federal awards if that requirement is specifically authorized or required by a Federal statute or regulation adopted in the Code of Federal Regulations after opportunity for public comment, except for the requirements in 2 CFR part 200, subpart F. Consistent with 2 CFR 200.101(d) and 200.102, such adjustments may be set forth in funding opportunities and NCUA award documents. (b) Urgent awards. Except for those requirements imposed by statute or 2 CFR part 200, subpart F, the NCUA may adjust requirements when making Federal awards on an urgent or emergency basis under 12 CFR 705.8. (c) Federal payment. Notwithstanding 2 CFR 200.305(d), the Federal Credit Union Act and the NCUA regulations at 12 CFR 705.7(g) govern the disbursement and deposit of CDRLF awards. (d) Appeals. Notwithstanding 2 CFR 200.342, the Federal Credit Union Act and the NCUA regulations at 12 CFR 705.10 govern appeals for non-qualification and appeals of technical assistance grant reimbursement denials.