Agenda packet — Beaumont City Council, May 7, 2024 (part 16 of 25)

4452 Federal Register/Vol. 87, No. 18 /Thursday, January 27, 2022 /Rules and Regulations (b)(1) of such regulation to address
present or prevent future violations of
health -based drinking water standards,
if the following conditions are met:
(A) The project is needed to support
increased population, with need
assessed as of the time the project is
undertaken;
(B) The project is designed to support
no more than a reasonable level of
projected increased need, whether due
to population growth or otherwise;
(C) The project is a cost-effective
means for achieving the desired level of
service; and
(D) The project is projected to
continue to provide an adequate level of
drinking water over its estimated useful
life.
(vi) Dams and reservoirs.

Rehabilitation of dams and reservoirs if
the following conditions are met:
(A) The project meets the
requirements of 40 CFR 35.3520 other
than the following requirements:
(1) The prohibition on the
rehabilitation of dams and reservoirs in
40 CFR 35.3520(e)(1) and (3); and
(2) The requirement in 40 CFR

35.3520(b)(1) that the project is needed
to address present or prevent future
violations of health -based drinking
water standards, provided that if the
dam or reservoir project does not meet
this requirement, the project must be
needed to support increased population,
with need assessed as of the time the
project is undertaken, and the project
must be projected to continue to provide
an adequate level of drinking water over
its estimated useful life;
(B) The primary purpose of the dam
or reservoir is for drinking water supply;
(C) The project is needed for the
provision of drinking water supply,
with need assessed as of the time the
project is initiated;
(D) The project is designed to support
no more than a reasonable level of
projected increased need, whether due
to population growth or otherwise; and
(E) The project is a cost-effective
means for achieving the desired level of
service.
(vii) Private wells. Rehabilitation of
private wells, testing initiatives to
identify contaminants in private wells,
and treatment activities and remediation
projects that address contamination in
private wells, if the project meets the
requirements of 40 CFR 35.3520 other
than the limitation to certain eligible
systems under 40 CFR 35.3520(a).
(2) Broadband investments—(i)
General. Broadband infrastructure if the
following conditions are met:
(A) The broadband infrastructure is
designed to provide service to
households and businesses with an
identified need, as determined by the
recipient, for such infrastructure;
(B) The broadband infrastructure is
designed to, upon completion:
(1) Reliably meet or exceed
symmetrical 100 Mbps download speed
and upload speeds; or
(2) In cases where it is not practicable,
because of the excessive cost of the
project or geography or topography of
the area to be served by the project, to
provide service reliably meeting or
exceeding symmetrical 100 Mbps
download speed and upload speeds:
(i) Reliably meet or exceed 100 Mbps
download speed and between at least 20
Mbps and 100 Mbps upload speed; and
(ii) Be scalable to a minimum of 100
Mbps download speed and 100 Mbps
upload speed; and
(C) The service provider for a
completed broadband infrastructure
investment project that provides service
to households is required, for as long as
the SLFRF-funded broadband
infrastructure is in use, by the recipient
to:
(1) Participate in the Federal
Communications Commission's
Affordable Connectivity Program (ACP)
through the lifetime of the ACP; or
(2) Otherwise provide access to a
broad -based affordability program to
low-income consumers in the proposed
service area of the broadband
infrastructure that provides benefits to
households commensurate with those
provided under the ACP through the
lifetime of the ACP.
(ii) Cybersecurity infrastructure
investments. Cybersecurity
infrastructure investments that are
designed to improve the reliability and
resiliency of new and existing
broadband infrastructure. Such
investments may include the addition or
modernization of network security
hardware and software tools designed to
strengthen cybersecurity for the end -
users of these networks.
(f) Meeting the non-federal matching
requirements for Bureau of Reclamation
projects. A recipient may use funds to
meet the non-federal matching
requirements of any authorized Bureau
of Reclamation project.
§ 35.7 Pensions.

A recipient (other than a Tribal
government) may not use funds for
deposit into any pension fund.
§ 35.8 Tax.
(a) Restriction. A State or Territory
shall not use funds to either directly or
indirectly offset a reduction in the net
tax revenue of the State or Territory
resulting from a covered change during
the covered period.
(b) Violation. Treasury will consider a
State or Territory to have used funds to
offset a reduction in net tax revenue if,
during a reporting year:
(1) Covered change. The State or
Territory has made a covered change
that, either based on a reasonable
statistical methodology to isolate the
impact of the covered change in actual
revenue or based on projections that use
reasonable assumptions and do not
incorporate the effects of
macroeconomic growth to reduce or
increase the projected impact of the
covered change, the State or Territory
assesses has had or predicts to have the
effect of reducing tax revenue relative to
current law;
(2) Exceeds the de minimis threshold.

The aggregate amount of the measured
or predicted reductions in tax revenue
caused by covered changes identified
under paragraph (b)(1) of this section, in
the aggregate, exceeds 1 percent of the
State's or Territory's baseline;
(3) Reduction in net tax revenue. The
State or Territory reports a reduction in
net tax revenue, measured as the
difference between actual tax revenue
and the State's or Territory's baseline,
each measured as of the end of the
reporting year; and
(4) Consideration of other changes.

The aggregate amount of measured or
predicted reductions in tax revenue
caused by covered changes is greater
than the sum of the following, in each
case, as calculated for the reporting
year:
(i) The aggregate amount of the
expected increases in tax revenue
caused by one or more covered changes
that, either based on a reasonable
statistical methodology to isolate the
impact of the covered change in actual
revenue or based on projections that use
reasonable assumptions and do not
incorporate the effects of
macroeconomic growth to reduce or
increase the projected impact of the
covered change, the State or Territory
assesses has had or predicts to have the
effect of increasing tax revenue; and
(ii) Reductions in spending, up to the
amount of the State's or Territory's net
reduction in total spending, that are in:
(A) Departments, agencies, or
authorities in which the State or
Territory is not using funds; and
(B) Departments, agencies, or
authorities in which the State or
Territory is using funds, in an amount
equal to the value of the spending cuts
in those departments, agencies, or
authorities, minus funds used.
(c) Amount and revenue reduction
cap. If a State or Territory is considered
to be in violation pursuant to paragraph
(b) of this section, the amount used in

Page 1694 of 2805 ends

Federal Register/Vol. 87, No. 18 /Thursday, January 27, 2022 /Rules and Regulations 4453 violation of paragraph (a) of this section
is equal to the lesser of:
(1) The reduction in net tax revenue
of the State or Territory for the reporting
year, measured as the difference
between the State's or Territory's
baseline and its actual tax revenue, each
measured as of the end of the reporting
year; and,
(2) The aggregate amount of the
reductions in tax revenues caused by
covered changes identified in paragraph
(b)(1) of this section, minus the sum of
the amounts in identified in paragraphs
(b)(4)(i) and (ii) of this section.
§ 35.9 Compliance with applicable laws.

A recipient must comply with all
other applicable Federal statutes,
regulations, and executive orders, and a
recipient shall provide for compliance
with the American Rescue Plan Act, this
subpart, and any interpretive guidance
by other parties in any agreements it
enters into with other parties relating to
these funds.
§ 35.10 Recoupment.
(a) Identification of violations —(1) In
general. Any amount used in violation
of § 35.5, 35.6, or 35.7 may be identified
at any time prior to December 31, 2026.
(2) Annual reporting of amounts of
violations. On an annual basis, a
recipient that is a State or territory must
calculate and report any amounts used
in violation of § 35.8.
(b) Calculation of amounts subject to
recoupment—(1) In general. Except as
provided in paragraph (b)(2) of this
section, the Secretary will calculate any
amounts subject to recoupment
resulting from a violation of § 35.5, 35.6
or 35.7 as the amounts used in violation
of such restrictions.
(2) Violations of § 35.8. The Secretary
will calculate any amounts subject to
recoupment resulting from a violation of
§ 35.8, equal to the lesser of:
(i) The amount set forth in § 35.8(c);
and,
(ii) The amount of funds received by
such recipient.
(c) Initial notice. If the Secretary
calculates an amount subject to
recoupment under paragraph (b) of this
section, Treasury will provide the
recipient an initial written notice of the
amount subject to recoupment along
with an explanation of such amounts.
(d) Request for reconsideration.

Unless the Secretary extends or
accelerates the time period, within 60
calendar days of receipt of an initial
notice of recoupment provided under
paragraph (c) of this section, a recipient
may submit a written request to the
Secretary requesting reconsideration of
any amounts subject to recoupment
under paragraph (b) of this section. To
request reconsideration of any amounts
subject to recoupment, a recipient must
submit to the Secretary a written request
that includes:
(1) An explanation of why the
recipient believes all or some of the
amount should not be subject to
recoupment; and
(2) A discussion of supporting
reasons, along with any additional
information.
(e) Final amount subject to
recoupment. Unless the Secretary
extends or accelerates the time period,
within 60 calendar days of receipt of the
recipient's request for reconsideration
provided pursuant to paragraph (d) of
this section or the expiration of the
period for requesting reconsideration
provided under paragraph (d), the
recipient will be notified of the
Secretary's decision to affirm, withdraw,
or modify the notice of recoupment.

Such notification will include an
explanation of the decision, including
responses to the recipient's supporting
reasons and consideration of additional
information provided. A recipient must
invoke and exhaust the procedures
available under this subpart prior to
seeking judicial review of a decision
under § 35.10.
(f) Repayment of funds. Unless the
Secretary extends or accelerates the time
period, a recipient shall repay to the
Secretary any amounts subject to
recoupment in accordance with
instructions provided by the Secretary:
(1) Within 120 calendar days of
receipt of the notice of recoupment
provided under paragraph (c) of this
section, in the case of a recipient that
does not submit a request for
reconsideration in accordance with the
requirements of paragraph (d) of this
section; or
(2) Within 120 calendar days of
receipt of the Secretary's decision under
paragraph (e) of this section, in the case
of a recipient that submits a request for
reconsideration in accordance with the
requirements of paragraph (d) of this
section.
(g) Other remedial actions. Prior to
seeking recoupment or taking other
appropriate action pursuant to
paragraph (c), (d), (e), or (1) of this
section, the Secretary may notify the
recipient of potential violations and
provide the recipient an opportunity for
informal consultation and remediation.
§ 35.11 Payments to States.
(a) In general. With respect to any
State or Territory that has an
unemployment rate as of the date that
it submits an initial certification for
payment of funds pursuant to section
602(d)(1) of the Social Security Act that
is less than two percentage points above
its unemployment rate in February
2020, the Secretary will withhold 50
percent of the amount of funds allocated
under section 602(b) of the Social
Security Act to such State or territory
until at least May 10, 2022 and not more
than twelve months from the date such
initial certification is provided to the
Secretary.
(b) Payment of withheld amount. In
order to receive the amount withheld
under paragraph (a) of this section, the
State or Territory must submit to the
Secretary the following information:
(1) A certification, in the form
provided by the Secretary, that such
State or Territory requires the payment
to carry out the activities specified in
section 602(c) of the Social Security Act
and will use the payment in compliance
with section 602(c) of the Social
Security Act; and
(2) Any reports required to be filed by
that date pursuant to this part that have
not yet been filed.
§35.12 Distributions to nonentitlement
units of local government and units of
general local government.
(a) Nonentitlement units of local
government. Each State or Territory that
receives a payment from the Secretary
pursuant to section 603(b)(2)(B) of the
Social Security Act shall distribute the
amount of the payment to
nonentitlement units of local
government in such State or Territory in
accordance with the requirements set
forth in section 603(b)(2)(C) of the
Social Security Act and without
offsetting any debt owed by such
nonentitlement units of local
governments against such payments.
(b) Budget cap. A State or Territory
may not make a payment to a
nonentitlement unit of local government
pursuant to section 603(b)(2)(C) of the
Social Security Act and paragraph (a) of
this section in excess of the amount
equal to 75 percent of the most recent
budget for the nonentitlement unit of
local government as of January 27, 2020.

For purposes of this section 35.12, a
nonentitlement unit of local
government's most recent budget shall
mean the nonentitlement unit of local
government's total annual budget,
including both operating and capital
expenditure budgets, in effect as of
January 27, 2020. A State or Territory
shall permit a nonentitlement unit of
local government without a formal
budget as of January 27, 2020, to
provide a certification from an
authorized officer of the nonentitlement
unit of local government of its most
recent annual expenditures as of

Page 1695 of 2805 ends

4454 Federal Register/Vol. 87, No. 18 /Thursday, January 27, 2022 /Rules and Regulations January 27, 2020, and a State or
Territory may rely on such certification
for purposes of complying with this
section 35.12.
(c) Units of general local government.

Each State or Territory that receives a
payment from the Secretary pursuant to
section 603(b)(3)(B)(ii) of the Social
Security Act, in the case of an amount
to be paid to a county that is not a unit
of general local government, shall
distribute the amount of the payment to
units of general local government within
such county in accordance with the
requirements set forth in section
603(b)(3)(B)(ii) of the Social Security
Act and without offsetting any debt
owed by such units of general local
government against such payments.
(d) Additional conditions. A State or
Territory may not place additional
conditions or requirements on
distributions to nonentitlement units of
local government or units of general
local government beyond those required
by section 603 of the Social Security Act
or this subpart.

Jacob Leibenluft,
Chief Recovery Officer.
[FR Doc. 2022-00292 Filed 1-26-22; 8:45 am]

BILLING CODE P

Page 1696 of 2805 ends

Attachment C — Uniform Administrative Requirements, Cost Principles, Federal Provisions and Audit Requirements for Federal Awards -2 CFR Part 200 et seq 2 CFR Part 200 attached hereto
12

Page 1697 of 2805 ends

AUTHENTICATED
U.S. GOVERNMENT

INFORMATION
GPO
PART 200 -UNIFORM ADMINISTRA-

TIVE REQUIREMENTS, COST PRIN-

CIPLES, AND AUDIT REQUIRE-

MENTS FOR FEDERAL AWARDS
Subpart A -Acronyms and Definitions

ACRONYMS
Sec.
200.0 Acronyms.
200.1 Definitions.
200.2 Acquisition cost.
200.3 Advance payment.
200.4 Allocation.
200.5 Audit finding.
200.6 Auditee.
200.7 Auditor.
200.8 Budget.
200.9 Central service cost allocation plan.
200.10 Catalog of Federal Domestic Assist-
ance (CFDA) number.
200.11 CFDA program title.
200.12 Capital assets.
200.13 Capital expenditures.
200.14 Claim.
200.15 Class of Federal awards.
200.16 Closeout.
200.17 Cluster of programs.
200.18 Cognizant agency for audit.
200.19 Cognizant agency for indirect costs.
200.20 Computing devices.
200.21 Compliance supplement.
200.22 Contract.
200.23 Contractor.
200.24 Cooperative agreement.
200.25 Cooperative audit resolution.
200.26 Corrective action.
200.27 Cost allocation plan.
200.28 Cost objective.
200.29 Cost sharing or matching.
200.30 Cross -cutting audit finding.
200.31 [Reserved]
200.32 Data Universal Numbering System
(DUNS) number.
200.33 Equipment.
200.34 Expenditures.
200.35 Federal agency.
200.36 Federal Audit Clearinghouse (FAC).
200.37 Federal awarding agency.
200.38 Federal award.
200.39 Federal award date.
200.40 Federal financial assistance.
200.41 Federal interest.
200.42 Federal program.
200.43 Federal share.
200.44 Final cost objective.
200.45 Fixed amount awards.
200.46 Foreign public entity.
200.47 Foreign organization.
200.48 General purpose equipment.
200.49 Generally Accepted Accounting Prin-
ciples (GAAP).
81 200.50 Generally Accepted Government Au-
diting Standards (GAGAS).
200.51 Grant agreement.
200.52 Hospital.
200.53 Improper payment.
200.54 Indian tribe (or "federally recognized
Indian tribe").
200.55 Institutions of Higher Education
(IHEs).
200.56 Indirect (facilities & administrative
(F&A)) costs.
200.57 Indirect cost rate proposal.
200.58 Information technology systems.
200.59 Intangible property.
200.60 Intermediate cost objective.
200.61 Internal controls.
200.62 Internal control over compliance re-
quirements for Federal awards.
200.63 Loan.
200.64 Local government.
200.65 Major program.
200.66 Management decision.
200.67 Micro -purchase.
200.68 Modified Total Direct Cost (MTDC).
200.69 Non -Federal entity.
200.70 Nonprofit organization.
200.71 Obligations.
200.72 Office of Management and Budget
(OMB).
200.73 Oversight agency for audit.
200.74 Pass -through entity.
200.75 Participant support costs.
200.76 Performance goal.
200.77 Period of performance.
200.78 Personal property.
200.79 Personally Identifiable Information
(PII).
200.80 Program income.
200.81 Property.
200.82 Protected Personally Identifiable In-
formation (Protected PII).
200.83 Project cost.
200.84 Questioned cost.
200.85 Real property.
200.86 Recipient.
200.87 Research and Development (R&D).
200.88 Simplified acquisition threshold.
200.89 Special purpose equipment.
200.90 State.
200.91 Student Financial Aid (SFA).
200.92 Subaward.
200.93 Subrecipient.
200.94 Supplies.
200.95 Termination.
200.96 Third -party in -kind contributions.
200.97 Unliquidated obligations.
200.98 Unobligated balance.
200.99 Voluntary committed cost sharing.

Subpart B -General Provisions
200.100 Purpose.
200.101 Applicability.

Page 1698 of 2805 ends

Pt. 200 2 CFR Ch. 11 (1-1-21 Edition)
200.102
200.103
200.104
200.105
200.106
200.107
200.108
200.109
200.110
200.111
200.112
200.113
Exceptions.

Authorities.

Supersession.

Effect on other issuances.

Agency implementation.

OMB responsibilities.

Inquiries.

Review date.

Effective/applicability date.

English language.

Conflict of interest.

Mandatory disclosures.

Subpart C -Pre -Federal Award Require-
ments and Contents of Federal Awards
200.200 Purpose.
200.201 Use of grant agreements (including
fixed amount awards), cooperative agree-
ments, and contracts.
200.202 Program planning and design.
200.203 Requirement to provide public no-
tice of Federal financial assistance pro-
grams.
200.204 Notices of funding opportunities.
200.205 Federal awarding agency review of
merit of proposals.
200.206 Federal awarding agency review of
risk posed by applicants.
200.207 Standard application requirements.
200.208 Specific conditions.
200.209 Certifications and representations.
200.210 Pre -award costs.
200.211 Information contained in a Federal
award.
200.212 Public access to Federal award infor-
mation.
200.213 Reporting a determination that a
non -Federal entity is not qualified for a
Federal award.
200.214 Suspension and debarment.
200.215 Never contract with the enemy.
200.216 Prohibition on certain telecommuni-
cations and video surveillance services or
equipment.

Subpart D -Post Federal Award
Requirements
200.300 Statutory and national policy re-
quirements.
200.301 Performance measurement.
200.302 Financial management.
200.303 Internal controls.
200.304 Bonds.
200.305 Federal payment.
200.306 Cost sharing or matching.
200.307 Program income.
200.308 Revision of budget and program
plans.
200.309 Modifications to period of perform-
ance.

PROPERTY STANDARDS
200.310 Insurance coverage.
200.311 Real property.
82 200.312 Federally -owned and exempt prop-
erty.
200.313 Equipment.
200.314 Supplies.
200.315 Intangible property.
200.316 Property trust relationship.

PROCUREMENT STANDARDS
200.317 Procurements by states.
200.318 General procurement standards.
200.319 Competition.
200.320 Methods of procurement to be fol-
lowed.
200.321 Contracting with small and minority
businesses, women's business enterprises,
and labor surplus area firms.
200.322 Domestic preferences for procure-
ments.
200.323 Procurement of recovered materials.
200.324 Contract cost and price.
200.325 Federal awarding agency or pass -
through entity review.
200.326 Bonding requirements.
200.327 Contract provisions.

PERFORMANCE AND FINANCIAL MONITORING

AND REPORTING
200.328 Financial reporting.
200.329 Monitoring and reporting program
performance.
200.330 Reporting on real property.

SUBRECIPIENT MONITORING AND MANAGEMENT
200.331 Subrecipient and contractor deter-
minations.
200.332 Requirements for pass -through enti-
ties.
200.333 Fixed amount subawards.

RECORD RETENTION AND ACCESS
200.334 Retention requirements for records.
200.335 Requests for transfer of records.
200.336 Methods for collection, trans-
mission, and storage of information.
200.337 Access to records.
200.338 Restrictions on public access to
records.

REMEDIES FOR NONCOMPLIANCE
200.339 Remedies for noncompliance.
200.340 Termination.
200.341 Notification of termination require-
ment.
200.342 Opportunities to object, hearings,
and appeals.
200.343 Effects of suspension and termi-
nation.

CLOSEOUT
200.344 Closeout.

POST -CLOSEOUT ADJUSTMENTS AND

CONTINUING RESPONSIBILITIES
200.345 Post -closeout adjustments and con-
tinuing responsibilities.

Page 1699 of 2805 ends

OMB Guidance Pt. 200

COLLECTION OF AMOUNTS DUE
200.346 Collection of amounts due.

Subpart E -Cost Principles

GENERAL PROVISIONS
200.400 Policy guide.
200.401 Application.

BASIC CONSIDERATIONS
200.402 Composition of costs.
200.403 Factors affecting allowability of
costs.
200.404 Reasonable costs.
200.405 Allocable costs.
200.406 Applicable credits.
200.407 Prior written approval (prior ap-
proval).
200.408 Limitation on allowance of costs.
200.409 Special considerations.
200.410 Collection of unallowable costs.
200.411 Adjustment of previously negotiated
indirect (F&A) cost rates containing un-
allowable costs.

DIRECT AND INDIRECT (F&A) COSTS
200.412 Classification of costs.
200.413 Direct costs.
200.414 Indirect (F&A) costs.
200.415 Required certifications.

SPECIAL CONSIDERATIONS FOR STATES, LOCAL

GOVERNMENTS AND INDIAN TRIBES
200.416 Cost allocation plans and indirect
cost proposals.
200.417 Interagency service.

SPECIAL CONSIDERATIONS FOR INSTITUTIONS OF

HIGHER EDUCATION
200.418 Costs incurred by states and local
governments.
200.419 Cost accounting standards and dis-
closure statement.

GENERAL PROVISIONS FOR SELECTED ITEMS OF
COST
200.420 Considerations for selected items of
cost.
200.421 Advertising and public relations.
200.422 Advisory councils.
200.423 Alcoholic beverages.
200.424 Alumni/ae activities.
200.425 Audit services.
200.426 Bad debts.
200.427 Bonding costs.
200.428 Collections of improper payments.
200.429 Commencement and convocation
costs.
200.430 Compensation -personal services.
200.431 Compensation -fringe benefits.
200.432 Conferences.
200.433 Contingency provisions.
200.434 Contributions and donations.
83 200.435 Defense and prosecution of criminal
and civil proceedings, claims, appeals
and patent infringements.
200.436 Depreciation.
200.437 Employee health and welfare costs.
200.438 Entertainment costs.
200.439 Equipment and other capital expend-
itures.
200.440 Exchange rates.
200.441 Fines, penalties, damages and other
settlements.
200.442 Fund raising and investment man-
agement costs.
200.443 Gains and losses on disposition of de-
preciable assets.
200.444 General costs of government.
200.445 Goods or services for personal use.
200.446 Idle facilities and idle capacity.
200.447 Insurance and indemnification.
200.448 Intellectual property.
200.449 Interest.
200.450 Lobbying.
200.451 Losses on other awards or contracts.
200.452 Maintenance and repair costs.
200.453 Materials and supplies costs, includ-
ing costs of computing devices.
200.454 Memberships, subscriptions, and pro-
fessional activity costs.
200.455 Organization costs.
200.456 Participant support costs.
200.457 Plant and security costs.
200.458 Pre -award costs.
200.459 Professional service costs.
200.460 Proposal costs.
200.461 Publication and printing costs.
200.462 Rearrangement and reconversion
costs.
200.463 Recruiting costs.
200.464 Relocation costs of employees.
200.465 Rental costs of real property and
equipment.
200.466 Scholarships and student aid costs.
200.467 Selling and marketing costs.
200.468 Specialized service facilities.
200.469 Student activity costs.
200.470 Taxes (including Value Added Tax).
200.471 Telecommunication costs and video
surveillance costs.
200.472 Termination costs.
200.473 Training and education costs.
200.474 Transportation costs.
200.475 Travel costs.
200.476 Trustees.

Subpart F -Audit Requirements
200.500 Purpose.

GENERAL
AUDITS
200.501 Audit requirements.
200.502 Basis for determining Federal
awards expended.
200.503 Relation to other audit require-
ments.
200.504 Frequency of audits.

Page 1700 of 2805 ends

§ 200.0 2 CFR Ch. 11 (1-1-21 Edition)
200.505
200.506
200.507
200.508
200.509
200.510
200.511
200.512
Sanctions.

Audit costs.

Program -specific audits.

AUDITEES
Auditee responsibilities.

Auditor selection.

Financial statements.

Audit findings follow-up.

Report submission.

FEDERAL AGENCIES
200.513 Responsibilities.

AUDITORS
200.514 Scope of audit.
200.515 Audit reporting.
200.516 Audit findings.
200.517 Audit documentation.
200.518 Major program determination.
200.519 Criteria for Federal program risk.
200.520 Criteria for a low -risk auditee.

MANAGEMENT DECISIONS
200.521 Management decision.

APPENDIX I TO PART 200 —FULL TEXT OF NO-

TICE OF FUNDING OPPORTUNITY
APPENDIX II TO PART 200 —CONTRACT PROVI-

SIONS FOR NON-FEDERAL ENTITY CON-

TRACTS UNDER FEDERAL AWARDS
APPENDIX III TO PART 200 —INDIRECT (F&A)

COSTS IDENTIFICATION AND ASSIGNMENT,

AND RATE DETERMINATION FOR INSTITU-
TIONS OF HIGHER EDUCATION (IHEs)
APPENDIX IV TO PART 200 —INDIRECT (F&A)

COSTS IDENTIFICATION AND ASSIGNMENT,

AND RATE DETERMINATION FOR NONPROFIT

ORGANIZATIONS
APPENDIX V TO PART 200— STATE/LOCAL GOV-

ERNMENTWIDE CENTRAL SERVICE COST AL-

LOCATION PLANS
APPENDIX VI TO PART 200 —PUBLIC ASSIST-

ANCE COST ALLOCATION PLANS
APPENDIX VII TO PART 220 —STATES AND

LOCAL GOVERNMENT AND INDIAN TRIBE IN-

DIRECT COST PROPOSALS
APPENDIX VIII TO PART 200 —NONPROFIT OR-

GANIZATIONS EXEMPTED FROM SUBPART E
OF PART 200
APPENDIX IX TO PART 200 —HOSPITAL COST

PRINCIPLES
APPENDIX X TO PART 200 —DATA COLLECTION

FORM (FORM SF -SAC)
APPENDIX XI TO PART 200 —COMPLIANCE SUP-

PLEMENT
APPENDIX XII TO PART 200 —AWARD TERM AND

CONDITION FOR RECIPIENT INTEGRITY AND

PERFORMANCE MATTERS
AUTHORITY: 31 U.S.C. 503
SouRcE: 78 FR 78608, Dec. 26, 2013, unless
otherwise noted.
84 Subpart A —Acronyms and
Definitions

ACRONYMS
§ 200.0 Acronyms.

ACRONYM TERM
CAS Cost Accounting Standards
CFR Code of Federal Regulations
CMIA Cash Management Improve-
ment Act
COG Councils Of Governments
COSO Committee of Sponsoring Orga-
nizations of the Treadway Commis-
sion
EPA Environmental Protection Agen
cy
ERISA Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1301-
1461)
EUI Energy Usage Index
F&A Facilities and Administration
FAC Federal Audit Clearinghouse
FAIN Federal Award Identification
Number
FAPIIS Federal Awardee Perform-
ance and Integrity Information Sys-
tem
FAR Federal Acquisition Regulation
FFATA Federal Funding Account-
ability and Transparency Act of 2006
or Transparency Act —Public Law
109-282, as amended by section 6202(a)
of Public Law 110-252 (31 U.S.C. 6101)
FICA Federal Insurance Contribu-
tions Act
FOIA Freedom of Information Act
FR Federal Register
FTE Full-time equivalent
GAAP Generally Accepted Account-
ing Principles
GAGAS Generally Accepted Govern-
ment Auditing Standards
GAO Government Accountability Of-
fice
GOCO Government owned, contractor
operated
GSA General Services Administration
IBS Institutional Base Salary
IHE Institutions of Higher Education
IRC Internal Revenue Code
ISDEAA Indian Self -Determination
and Education and Assistance Act
MTC Modified Total Cost
MTDC Modified Total Direct Cost
NFE Non -Federal Entity

Page 1701 of 2805 ends

OMB Guidance
OMB Office of Management and Budg-
et
PII Personally Identifiable Informa-
tion
PMS Payment Management System
PRHP Post -retirement Health Plans
PTE Pass -through Entity
REUI Relative Energy Usage Index
SAM System for Award Management
SFA Student Financial Aid
SNAP Supplemental Nutrition Assist-
ance Program
SPOC Single Point of Contact
TANF Temporary Assistance for
Needy Families
TFM Treasury Financial Manual
U.S.C. United States Code
VAT Value Added Tax
[78 FR 78608, Dec. 26, 2013, as amended at 79
FR 75880, Dec. 19, 2014; 80 FR 43308, July 22,
2015; 85 FR 49529, Aug. 13, 2020]
§ 200.1 Definitions.

These are the definitions for terms
used in this part. Different definitions
may be found in Federal statutes or
regulations that apply more specifi-
cally to particular programs or activi-
ties. These definitions could be supple-
mented by additional instructional in-
formation provided in governmentwide
standard information collections. For
purposes of this part, the following
definitions apply:

Acquisition cost means the cost of the
asset including the cost to ready the
asset for its intended use. Acquisition
cost for equipment, for example, means
the net invoice price of the equipment,
including the cost of any modifica-
tions, attachments, accessories, or aux-
iliary apparatus necessary to make it
usable for the purpose for which it is
acquired. Acquisition costs for soft-
ware includes those development costs
capitalized in accordance with gen-
erally accepted accounting principles
(GAAP). Ancillary charges, such as
taxes, duty, protective in transit insur-
ance, freight, and installation may be
included in or excluded from the acqui-
sition cost in accordance with the non -
Federal entity's regular accounting
practices.

Advance payment means a payment
that a Federal awarding agency or
pass -through entity makes by any ap-
propriate payment mechanism, includ-
ing a predetermined payment schedule,
85 § 200.1
before the non -Federal entity disburses
the funds for program purposes.

Allocation means the process of as-
signing a cost, or a group of costs, to
one or more cost objective(s), in rea-
sonable proportion to the benefit pro-
vided or other equitable relationship.

The process may entail assigning a
cost(s) directly to a final cost objective
or through one or more intermediate
cost objectives.

Assistance listings refers to the pub-
licly available listing of Federal assist-
ance programs managed and adminis-
tered by the General Services Adminis-
tration, formerly known as the Catalog
of Federal Domestic Assistance
(CFDA).

Assistance listing number means a
unique number assigned to identify a
Federal Assistance Listings, formerly
known as the CFDA Number.

Assistance listing program title means
the title that corresponds to the Fed-
eral Assistance Listings Number, for-
merly known as the CFDA program
title.

Audit finding means deficiencies
which the auditor is required by
§200.516(a) to report in the schedule of
findings and questioned costs.

Auditee means any non -Federal enti-
ty that expends Federal awards which
must be audited under subpart F of
this part.

Auditor means an auditor who is a
public accountant or a Federal, State,
local government, or Indian tribe audit
organization, which meets the general
standards specified for external audi-
tors in generally accepted government
auditing standards (GAGAS). The term
auditor does not include internal audi-
tors of nonprofit organizations.

Budget means the financial plan for
the Federal award that the Federal
awarding agency or pass -through enti-
ty approves during the Federal award
process or in subsequent amendments
to the Federal award. It may include
the Federal and non -Federal share or
only the Federal share, as determined
by the Federal awarding agency or
pass -through entity.

Budget period means the time inter-
val from the start date of a funded por-
tion of an award to the end date of that
funded portion during which recipients
are authorized to expend the funds

Page 1702 of 2805 ends

§ 200.1
awarded, including any funds carried
forward or other revisions pursuant to
§200.308.

Capital assets means:
(1) Tangible or intangible assets used
in operations having a useful life of
more than one year which are capital-
ized in accordance with GAAP. Capital
assets include:
(i) Land, buildings (facilities), equip-
ment, and intellectual property (in-
cluding software) whether acquired by
purchase, construction, manufacture,
exchange, or through a lease accounted
for as financed purchase under Govern-
ment Accounting Standards Board
(GASB) standards or a finance lease
under Financial Accounting Standards
Board (FASB) standards; and
(ii) Additions, improvements, modi-
fications, replacements, rearrange-
ments, reinstallations, renovations or
alterations to capital assets that mate-
rially increase their value or useful life
(not ordinary repairs and mainte-
nance).
(2) For purpose of this part, capital
assets do not include intangible right -
to -use assets (per GASB) and right -to -
use operating lease assets (per FASB).

For example, assets capitalized that
recognize a lessee's right to control the
use of property and/or equipment for a
period of time under a lease contract.

See also §200.465.

Capital expenditures means expendi-
tures to acquire capital assets or ex-
penditures to make additions, improve-
ments, modifications, replacements,
rearrangements, reinstallations, ren-
ovations, or alterations to capital as-
sets that materially increase their
value or useful life.

Central service cost allocation plan
means the documentation identifying,
accumulating, and allocating or devel-
oping billing rates based on the allow-
able costs of services provided by a
State or local government or Indian
tribe on a centralized basis to its de-
partments and agencies. The costs of
these services may be allocated or
billed to users.

Claim means, depending on the con-
text, either:
(1) A written demand or written as-
sertion by one of the parties to a Fed-
eral award seeking as a matter of
right:
86 2 CFR Ch. 11 (1-1-21 Edition)
(i) The payment of money in a sum
certain;
(ii) The adjustment or interpretation
of the terms and conditions of the Fed-
eral award; or
(iii) Other relief arising under or re-
lating to a Federal award.
(2) A request for payment that is not
in dispute when submitted.

Class of Federal awards means a group
of Federal awards either awarded under
a specific program or group of pro-
grams or to a specific type of non -Fed-
eral entity or group of non -Federal en-
tities to which specific provisions or
exceptions may apply.

Closeout means the process by which
the Federal awarding agency or pass -
through entity determines that all ap-
plicable administrative actions and all
required work of the Federal award
have been completed and takes actions
as described in § 200.344.

A cluster of programs must be consid-
ered as one program for determining
major programs, as described in
§200.518, and, with the exception of
R&D as described in §200.501(c), wheth-
er a program -specific audit may be
elected.

Cognizant agency for audit means the
Federal agency designated to carry out
the responsibilities described in
§200.513(a). The cognizant agency for
audit is not necessarily the same as the
cognizant agency for indirect costs. A
list of cognizant agencies for audit can
be found on the Federal Audit Clear-
inghouse (FAC) website.

Cognizant agency for indirect costs
means the Federal agency responsible

Page 1703 of 2805 ends

OMB Guidance
for reviewing, negotiating, and approv-
ing cost allocation plans or indirect
cost proposals developed under this
part on behalf of all Federal agencies.

The cognizant agency for indirect cost
is not necessarily the same as the cog-
nizant agency for audit. For assign-
ments of cognizant agencies see the
following:
(1) For Institutions of Higher Edu-
cation (IHEs): Appendix III to this
part, paragraph C.11.
(2) For nonprofit organizations: Ap-
pendix IV to this part, paragraph C.2.a.
(3) For State and local governments:

Appendix V to this part, paragraph F.1.
(4) For Indian tribes: Appendix VII to
this part, paragraph D.1.

Compliance supplement means an an-
nually updated authoritative source for
auditors that serves to identify exist-
ing important compliance require-
ments that the Federal Government
expects to be considered as part of an
audit. Auditors use it to understand
the Federal program's objectives, pro-
cedures, and compliance requirements,
as well as audit objectives and sug-
gested audit procedures for deter-
mining compliance with the relevant
Federal program.

Computing devices means machines
used to acquire, store, analyze, process,
and publish data and other information
electronically, including accessories
(or "peripherals") for printing, trans-
mitting and receiving, or storing elec-
tronic information. See also the defini-
tions of supplies and information tech-
nology systems in this section.

Contract means, for the purpose of
Federal financial assistance, a legal in-
strument by which a recipient or sub -
recipient purchases property or serv-
ices needed to carry out the project or
program under a Federal award. For
additional information on subrecipient
and contractor determinations, see
§ 200.331. See also the definition of
subaward in this section.

Contractor means an entity that re-
ceives a contract as defined in this sec-
tion.

Cooperative agreement means a legal
instrument of financial assistance be-
tween a Federal awarding agency and a
recipient or a pass -through entity and
a subrecipient that, consistent with 31
U.S.C. 6302-6305:
87 § 200.1
(1) Is used to enter into a relation-
ship the principal purpose of which is
to transfer anything of value to carry
out a public purpose authorized by a
law of the United States (see 31 U.S.C.
6101(3)); and not to acquire property or
services for the Federal Government or
pass -through entity's direct benefit or
use;
(2) Is distinguished from a grant in
that it provides for substantial involve-
ment of the Federal awarding agency
in carrying out the activity con-
templated by the Federal award.
(3) The term does not include:
(i) A cooperative research and devel-
opment agreement as defined in 15
U.S.C. 3710a; or
(ii) An agreement that provides only:
(A) Direct United States Government
cash assistance to an individual;
(B) A subsidy;
(C) A loan;
(D) A loan guarantee; or
(E) Insurance.

Cooperative audit resolution means the
use of audit follow-up techniques which
promote prompt corrective action by
improving communication, fostering
collaboration, promoting trust, and de-
veloping an understanding between the
Federal agency and the non -Federal en-
tity. This approach is based upon:
(1) A strong commitment by Federal
agency and non -Federal entity leader-
ship to program integrity;
(2) Federal agencies strengthening
partnerships and working coopera-
tively with non -Federal entities and
their auditors; and non -Federal enti-
ties and their auditors working coop-
eratively with Federal agencies;
(3) A focus on current conditions and
corrective action going forward;
(4) Federal agencies offering appro-
priate relief for past noncompliance
when audits show prompt corrective
action has occurred; and
(5) Federal agency leadership sending
a clear message that continued failure
to correct conditions identified by au-
dits which are likely to cause improper
payments, fraud, waste, or abuse is un-
acceptable and will result in sanctions.

Corrective action means action taken
by the auditee that:
(1) Corrects identified deficiencies;
(2) Produces recommended improve-
ments; or

Page 1704 of 2805 ends

§ 200.1
(3) Demonstrates that audit findings
are either invalid or do not warrant
auditee action.

Cost allocation plan means central
service cost allocation plan or public
assistance cost allocation plan.

Cost objective means a program, func-
tion, activity, award, organizational
subdivision, contract, or work unit for
which cost data are desired and for
which provision is made to accumulate
and measure the cost of processes,
products, jobs, capital projects, etc. A
cost objective may be a major function
of the non -Federal entity, a particular
service or project, a Federal award, or
an indirect (Facilities & Administra-
tive (F&A)) cost activity, as described
in subpart E of this part. See also the
definitions of final cost objective and in-
termediate cost objective in this section.

Cost sharing or matching means the
portion of project costs not paid by
Federal funds or contributions (unless
otherwise authorized by Federal stat-
ute). See also § 200.306.

Cross -cutting audit finding means an
audit finding where the same under-
lying condition or issue affects all Fed-
eral awards (including Federal awards
of more than one Federal awarding
agency or pass -through entity).

Disallowed costs means those charges
to a Federal award that the Federal
awarding agency or pass -through enti-
ty determines to be unallowable, in ac-
cordance with the applicable Federal
statutes, regulations, or the terms and
conditions of the Federal award.

Discretionary award means an award
in which the Federal awarding agency,
in keeping with specific statutory au-
thority that enables the agency to ex-
ercise judgment ("discretion"), selects
the recipient and/or the amount of Fed-
eral funding awarded through a com-
petitive process or based on merit of
proposals. A discretionary award may
be selected on a non-competitive basis,
as appropriate.

Equipment means tangible personal
property (including information tech-
nology systems) having a useful life of
more than one year and a per -unit ac-
quisition cost which equals or exceeds
the lesser of the capitalization level es-
tablished by the non -Federal entity for
financial statement purposes, or $5,000.

See also the definitions of capital as -
88 2 CFR Ch. 11 (1-1-21 Edition)
sets, computing devices, general purpose
equipment, information technology sys-
tems, special purpose equipment, and sup-
plies in this section.

Expenditures means charges made by
a non -Federal entity to a project or
program for which a Federal award was
received.
(1) The charges may be reported on a
cash or accrual basis, as long as the
methodology is disclosed and is con-
sistently applied.
(2) For reports prepared on a cash
basis, expenditures are the sum of:
(i) Cash disbursements for direct
charges for property and services;
(ii) The amount of indirect expense
charged;
(iii) The value of third -party in -kind
contributions applied; and
(iv) The amount of cash advance pay-
ments and payments made to sub -
recipients.
(3) For reports prepared on an ac-
crual basis, expenditures are the sum
of:
(i) Cash disbursements for direct
charges for property and services;
(ii) The amount of indirect expense
incurred;
(iii) The value of third -party in -kind
contributions applied; and
(iv) The net increase or decrease in
the amounts owed by the non -Federal
entity for:
(A) Goods and other property re-
ceived;
(B) Services performed by employees,
contractors, subrecipients, and other
payees; and
(C) Programs for which no current
services or performance are required
such as annuities, insurance claims, or
other benefit payments.

Federal agency means an "agency" as
defined at 5 U.S.C. 551(1) and further
clarified by 5 U.S.C. 552(f).

Federal Audit Clearinghouse (FAC)
means the clearinghouse designated by
OMB as the repository of record where
non -Federal entities are required to
transmit the information required by
subpart F of this part.

Federal award has the meaning, de-
pending on the context, in either para-
graph (1) or (2) of this definition:
(1)(i) The Federal financial assistance
that a recipient receives directly from

Page 1705 of 2805 ends

OMB Guidance
a Federal awarding agency or indi-
rectly from a pass -through entity, as
described in § 200.101; or
(ii) The cost -reimbursement contract
under the Federal Acquisition Regula-
tions that a non -Federal entity re-
ceives directly from a Federal award-
ing agency or indirectly from a pass -
through entity, as described in § 200.101.
(2) The instrument setting forth the
terms and conditions. The instrument
is the grant agreement, cooperative
agreement, other agreement for assist-
ance covered in paragraph (2) of the
definition of Federal financial assistance
in this section, or the cost -reimburse-
ment contract awarded under the Fed-
eral Acquisition Regulations.
(3) Federal award does not include
other contracts that a Federal agency
uses to buy goods or services from a
contractor or a contract to operate
Federal Government owned, contractor
operated facilities (GOCOs).
(4) See also definitions of Federal fi-
nancial assistance, grant agreement,
and cooperative agreement.

Federal award date means the date
when the Federal award is signed by
the authorized official of the Federal
awarding agency.

Federal financial assistance means
(1) Assistance that non -Federal enti-
ties receive or administer in the form
of:
(i) Grants;
(ii) Cooperative agreements;
(iii) Non -cash contributions or dona-
tions of property (including donated
surplus property);
(iv) Direct appropriations;
(v) Food commodities; and
(vi) Other financial assistance (ex-
cept assistance listed in paragraph (2)
of this definition).
(2) For §200.203 and subpart F of this
part, Federal financial assistance also in-
cludes assistance that non -Federal en-
tities receive or administer in the form
of:
(i) Loans;
(ii) Loan Guarantees;
(iii) Interest subsidies; and
(iv) Insurance.
(3) For § 200.216, Federal financial as-
sistance includes assistance that non -
Federal entities receive or administer
in the form of:
(i) Grants;
89 § 200.1
(ii) Cooperative agreements;
(iii) Loans; and
(iv) Loan Guarantees.
(4) Federal financial assistance does
not include amounts received as reim-
bursement for services rendered to in-
dividuals as described in § 200.502(h) and
(i).

Federal interest means, for purposes of
§200.330 or when used in connection
with the acquisition or improvement of
real property, equipment, or supplies
under a Federal award, the dollar
amount that is the product of the:
(1) The percentage of Federal partici-
pation in the total cost of the real
property, equipment, or supplies; and
(2) Current fair market value of the
property, improvements, or both, to
the extent the costs of acquiring or im-
proving the property were included as
project costs.

Federal program means:
(1) All Federal awards which are as-
signed a single Assistance Listings
Number.
(2) When no Assistance Listings
Number is assigned, all Federal awards
from the same agency made for the
same purpose must be combined and
considered one program.
(3) Notwithstanding paragraphs (1)
and (2) of this definition, a cluster of
programs. The types of clusters of pro-
grams are:
(i) Research and development (R&D);
(ii) Student financial aid (SFA); and
(iii) "Other clusters," as described in
the definition of cluster of programs in
this section.

Federal share means the portion of
the Federal award costs that are paid
using Federal funds.

Final cost objective means a cost ob-
jective which has allocated to it both
direct and indirect costs and, in the
non -Federal entity's accumulation sys-
tem, is one of the final accumulation
points, such as a particular award, in-
ternal project, or other direct activity
of a non -Federal entity. See also the
definitions of cost objective and inter-
mediate cost objective in this section.

Financial obligations, when ref-
erencing a recipient's or subrecipient's
use of funds under a Federal award,
means orders placed for property and
services, contracts and subawards

Page 1706 of 2805 ends

§ 200.1
made, and similar transactions that re-
quire payment.

Fixed amount awards means a type of
grant or cooperative agreement under
which the Federal awarding agency or
pass -through entity provides a specific
level of support without regard to ac-
tual costs incurred under the Federal
award. This type of Federal award re-
duces some of the administrative bur-
den and record -keeping requirements
for both the non -Federal entity and
Federal awarding agency or pass -
through entity. Accountability is based
primarily on performance and results.

See §§200.102(c), 200.201(b), and 200.333.

Foreign organization means an entity
that is:
(1) A public or private organization
located in a country other than the
United States and its territories that is
subject to the laws of the country in
which it is located, irrespective of the
citizenship of project staff or place of
performance;
(2) A private nongovernmental orga-
nization located in a country other
than the United States that solicits
and receives cash contributions from
the general public;
(3) A charitable organization located
in a country other than the United
States that is nonprofit and tax ex-
empt under the laws of its country of
domicile and operation, and is not a
university, college, accredited degree -
granting institution of education, pri-
vate foundation, hospital, organization
engaged exclusively in research or sci-
entific activities, church, synagogue,
mosque or other similar entities orga-
nized primarily for religious purposes;
or
(4) An organization located in a coun-
try other than the United States not
recognized as a foreign public entity.

Foreign public entity means:
(1) A foreign government or foreign
governmental entity;
(2) A public international organiza-
tion, which is an organization entitled
to enjoy privileges, exemptions, and
immunities as an international organi-
zation under the International Organi-
zations Immunities Act (22 U.S.C. 288-
288f);
(3) An entity owned (in whole or in
part) or controlled by a foreign govern-
ment; or
90 2 CFR Ch. 11 (1-1-21 Edition)
(4) Any other entity consisting whol-
ly or partially of one or more foreign
governments or foreign governmental
entities.

General purpose equipment means
equipment which is not limited to re-
search, medical, scientific or other
technical activities. Examples include
office equipment and furnishings, mod-
ular offices, telephone networks, infor-
mation technology equipment and sys-
tems, air conditioning equipment, re-
production and printing equipment,
and motor vehicles. See also the defini-
tions of equipment and special purpose
equipment in this section.

Generally accepted accounting prin-
ciples (GAAP) has the meaning specified
in accounting standards issued by the
GASB and the FASB.

Generally accepted government auditing
standards (GAGAS), also known as the
Yellow Book, means generally accepted
government auditing standards issued
by the Comptroller General of the
United States, which are applicable to
financial audits.

Grant agreement means a legal instru-
ment of financial assistance between a
Federal awarding agency or pass -
through entity and a non -Federal enti-
ty that, consistent with 31 U.S.C. 6302,
6304:
(1) Is used to enter into a relation-
ship the principal purpose of which is
to transfer anything of value to carry
out a public purpose authorized by a
law of the United States (see 31 U.S.C.
6101(3)); and not to acquire property or
services for the Federal awarding agen-
cy or pass -through entity's direct ben-
efit or use;
(2) Is distinguished from a coopera-
tive agreement in that it does not pro-
vide for substantial involvement of the
Federal awarding agency in carrying
out the activity contemplated by the
Federal award.
(3) Does not include an agreement
that provides only:
(i) Direct United States Government
cash assistance to an individual;
(ii) A subsidy;
(iii) A loan;
(vi) A loan guarantee; or
(v) Insurance.

Highest level owner means the entity
that owns or controls an immediate
owner of the offeror, or that owns or

Page 1707 of 2805 ends

OMB Guidance
controls one or more entities that con-
trol an immediate owner of the offeror.

No entity owns or exercises control of
the highest -level owner as defined in
the Federal Acquisition Regulations
(FAR) (48 CFR 52.204-17).

Hospital means a facility licensed as
a hospital under the law of any state or
a facility operated as a hospital by the
United States, a state, or a subdivision
of a state.

Improper payment means:
(1) Any payment that should not
have been made or that was made in an
incorrect amount under statutory, con-
tractual, administrative, or other le-
gally applicable requirements.
(i) Incorrect amounts are overpay-
ments or underpayments that are made
to eligible recipients (including inap-
propriate denials of payment or serv-
ice, any payment that does not account
for credit for applicable discounts, pay-
ments that are for an incorrect
amount, and duplicate payments). An
improper payment also includes any
payment that was made to an ineli-
gible recipient or for an ineligible good
or service, or payments for goods or
services not received (except for such
payments authorized by law).

Note 1 to paragraph (1)(i) of this defini-
tion. Applicable discounts are only
those discounts where it is both advan-
tageous and within the agency's con-
trol to claim them.
(ii) When an agency's review is un-
able to discern whether a payment was
proper as a result of insufficient or
lack of documentation, this payment
should also be considered an improper
payment. When establishing docu-
mentation requirements for payments,
agencies should ensure that all docu-
mentation requirements are necessary
and should refrain from imposing addi-
tional burdensome documentation re-
quirements.
(iii) Interest or other fees that may
result from an underpayment by an
agency are not considered an improper
payment if the interest was paid cor-
rectly. These payments are generally
separate transactions and may be nec-
essary under certain statutory, con-
tractual, administrative, or other le-
gally applicable requirements.
(iv) A "questioned cost" (as defined
in this section) should not be consid-
91 § 200.1
ered an improper payment until the
transaction has been completely re-
viewed and is confirmed to be im-
proper.
(v) The term "payment" in this defi-
nition means any disbursement or
transfer of Federal funds (including a
commitment for future payment, such
as cash, securities, loans, loan guaran-
tees, and insurance subsidies) to any
non -Federal person, non -Federal enti-
ty, or Federal employee, that is made
by a Federal agency, a Federal con-
tractor, a Federal grantee, or a govern-
mental or other organization admin-
istering a Federal program or activity.
(vi) The term "payment" includes
disbursements made pursuant to prime
contracts awarded under the Federal
Acquisition Regulation and Federal
awards subject to this part that are ex-
pended by recipients.
(2) See definition of improper pay-
ment in OMB Circular A-123 appendix
C, part I A (1) "What is an improper
payment?" Questioned costs, including
those identified in audits, are not an
improper payment until reviewed and
confirmed to be improper as defined in
OMB Circular A-123 appendix C.

Indian tribe means any Indian tribe,
band, nation, or other organized group
or community, including any Alaska
Native village or regional or village
corporation as defined in or established
pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. Chapter 33),
which is recognized as eligible for the
special programs and services provided
by the United States to Indians be-
cause of their status as Indians (25
U.S.C. 450b(e)). See annually published
Bureau of Indian Affairs list of Indian
Entities Recognized and Eligible to Re-
ceive Services.

Institutions of Higher Education (IHEs)
is defined at 20 U.S.C. 1001.

Indirect (facilities & administrative
(F&A)) costs means those costs incurred
for a common or joint purpose benefit-
ting more than one cost objective, and
not readily assignable to the cost ob-
jectives specifically benefitted, with-
out effort disproportionate to the re-
sults achieved. To facilitate equitable
distribution of indirect expenses to the
cost objectives served, it may be nec-
essary to establish a number of pools of
indirect (F&A) costs. Indirect (F&A)

Page 1708 of 2805 ends

§ 200.1
cost pools must be distributed to bene-
fitted cost objectives on bases that will
produce an equitable result in consider-
ation of relative benefits derived.

Information technology systems means
computing devices, ancillary equip-
ment, software, firmware, and similar
procedures, services (including support
services), and related resources. See
also the definitions of computing devices
and equipment in this section.

Intangible property means property
having no physical existence, such as
trademarks, copyrights, patents and
patent applications and property, such
as loans, notes and other debt instru-
ments, lease agreements, stock and
other instruments of property owner-
ship (whether the property is tangible
or intangible).

Intermediate cost objective means a
cost objective that is used to accumu-
late indirect costs or service center
costs that are subsequently allocated
to one or more indirect cost pools or
final cost objectives. See also the defi-
nitions of cost objective and final cost ob-
jective in this section.

Internal controls for non -Federal enti-
ties means:
(1) Processes designed and imple-
mented by non -Federal entities to pro-
vide reasonable assurance regarding
the achievement of objectives in the
following categories:
(i) Effectiveness and efficiency of op-
erations;
(ii) Reliability of reporting for inter-
nal and external use; and
(iii) Compliance with applicable laws
and regulations.
(2) Federal awarding agencies are re-
quired to follow internal control com-
pliance requirements in OMB Circular
No. A-123, Management's Responsi-
bility for Enterprise Risk Management
and Internal Control.

Loan means a Federal loan or loan
guarantee received or administered by
a non -Federal entity, except as used in
the definition of program income in this
section.
92 2 CFR Ch. 11 (1-1-21 Edition)
(1) The term "direct loan" means a
disbursement of funds by the Federal
Government to a non -Federal borrower
under a contract that requires the re-
payment of such funds with or without
interest. The term includes the pur-
chase of, or participation in, a loan
made by another lender and financing
arrangements that defer payment for
more than 90 days, including the sale of
a Federal Government asset on credit
terms. The term does not include the
acquisition of a federally guaranteed
loan in satisfaction of default claims or
the price support loans of the Com-
modity Credit Corporation.
(2) The term "direct loan obligation"
means a binding agreement by a Fed-
eral awarding agency to make a direct
loan when specified conditions are ful-
filled by the borrower.
(3) The term "loan guarantee" means
any Federal Government guarantee, in-
surance, or other pledge with respect
to the payment of all or a part of the
principal or interest on any debt obli-
gation of a non -Federal borrower to a
non -Federal lender, but does not in-
clude the insurance of deposits, shares,
or other withdrawable accounts in fi-
nancial institutions.
(4) The term "loan guarantee com-
mitment" means a binding agreement
by a Federal awarding agency to make
a loan guarantee when specified condi-
tions are fulfilled by the borrower, the
lender, or any other party to the guar-
antee agreement.

Local government means any unit of
government within a state, including a:
(1) County;
(2) Borough;
(3) Municipality;
(4) City;
(5) Town;
(6) Township;
(7) Parish;
(8) Local public authority, including
any public housing agency under the
United States Housing Act of 1937;
(9) Special district;
(10) School district;
(11) Intrastate district;
(12) Council of governments, whether
or not incorporated as a nonprofit cor-
poration under State law; and
(13) Any other agency or instrumen-
tality of a multi-, regional, or intra-
State or local government.

Page 1709 of 2805 ends

OMB Guidance
Major program means a Federal pro-
gram determined by the auditor to be a
major program in accordance with
§ 200.518 or a program identified as a
major program by a Federal awarding
agency or pass -through entity in ac-
cordance with §200.503(e).

Management decision means the Fed-
eral awarding agency's or pass -through
entity's written determination, pro-
vided to the auditee, of the adequacy of
the auditee's proposed corrective ac-
tions to address the findings, based on
its evaluation of the audit findings and
proposed corrective actions.

Micro -purchase means a purchase of
supplies or services, the aggregate
amount of which does not exceed the
micro -purchase threshold. Micro -pur-
chases comprise a subset of a non -Fed-
eral entity's small purchases as defined
in §200.320.

Micro -purchase threshold means the
dollar amount at or below which a non -
Federal entity may purchase property
or services using micro -purchase proce-
dures (see § 200.320). Generally, the
micro -purchase threshold for procure-
ment activities administered under
Federal awards is not to exceed the
amount set by the FAR at 48 CFR part
2, subpart 2.1, unless a higher threshold
is requested by the non -Federal entity
and approved by the cognizant agency
for indirect costs.

Modified Total Direct Cost (MTDC)
means all direct salaries and wages, ap-
plicable fringe benefits, materials and
supplies, services, travel, and up to the
first $25,000 of each subaward (regard-
less of the period of performance of the
subawards under the award). MTDC ex-
cludes equipment, capital expendi-
tures, charges for patient care, rental
costs, tuition remission, scholarships
and fellowships, participant support
costs and the portion of each subaward
in excess of $25,000. Other items may
only be excluded when necessary to
avoid a serious inequity in the dis-
tribution of indirect costs, and with
the approval of the cognizant agency
for indirect costs.

Non -discretionary award means an
award made by the Federal awarding
agency to specific recipients in accord-
ance with statutory, eligibility and
compliance requirements, such that in
keeping with specific statutory author -
93 § 200.1
ity the agency has no ability to exer-
cise judgement ("discretion"). A non -
discretionary award amount could be
determined specifically or by formula.

Non -Federal entity (NFE) means a
State, local government, Indian tribe,
Institution of Higher Education (IHE),
or nonprofit organization that carries
out a Federal award as a recipient or
subrecipient.

Nonprofit organization means any cor-
poration, trust, association, coopera-
tive, or other organization, not includ-
ing IHEs, that:
(1) Is operated primarily for sci-
entific, educational, service, chari-
table, or similar purposes in the public
interest;
(2) Is not organized primarily for
profit; and
(3) Uses net proceeds to maintain,
improve, or expand the operations of
the organization.

Notice of funding opportunity means a
formal announcement of the avail-
ability of Federal funding through a fi-
nancial assistance program from a Fed-
eral awarding agency. The notice of
funding opportunity provides informa-
tion on the award, who is eligible to
apply, the evaluation criteria for selec-
tion of an awardee, required compo-
nents of an application, and how to
submit the application. The notice of
funding opportunity is any paper or
electronic issuance that an agency uses
to announce a funding opportunity,
whether it is called a "program an-
nouncement," "notice of funding avail-
ability," "broad agency announce-
ment," "research announcement,"
"solicitation," or some other term.

Office of Management and Budget
(OMB) means the Executive Office of
the President, Office of Management
and Budget.

Oversight agency for audit means the
Federal awarding agency that provides
the predominant amount of funding di-
rectly (direct funding) (as listed on the
schedule of expenditures of Federal
awards, see §200.510(b)) to a non -Fed-
eral entity unless OMB designates a
specific cognizant agency for audit.

When the direct funding represents less
than 25 percent of the total Federal ex-
penditures (as direct and sub -awards)
by the non -Federal entity, then the
Federal agency with the predominant

Page 1710 of 2805 ends

§ 200.1
amount of total funding is the des-
ignated cognizant agency for audit.

When there is no direct funding, the
Federal awarding agency which is the
predominant source of pass -through
funding must assume the oversight re-
sponsibilities. The duties of the over-
sight agency for audit and the process
for any reassignments are described in
§ 200.513(b).

Participant support costs means direct
costs for items such as stipends or sub-
sistence allowances, travel allowances,
and registration fees paid to or on be-
half of participants or trainees (but not
employees) in connection with con-
ferences, or training projects.

Pass -through entity (PTE) means a
non -Federal entity that provides a
subaward to a subrecipient to carry out
part of a Federal program.

Performance goal means a target level
of performance expressed as a tangible,
measurable objective, against which
actual achievement can be compared,
including a goal expressed as a quan-
titative standard, value, or rate. In
some instances (e.g., discretionary re-
search awards), this may be limited to
the requirement to submit technical
performance reports (to be evaluated in
accordance with agency policy).

Period of performance means the total
estimated time interval between the
start of an initial Federal award and
the planned end date, which may in-
clude one or more funded portions, or
budget periods. Identification of the
period of performance in the Federal
award per §200.211(b)(5) does not com-
mit the awarding agency to fund the
award beyond the currently approved
budget period.

Personal property means property
other than real property. It may be
tangible, having physical existence, or
intangible.

Personally Identifiable Information
(PII) means information that can be
used to distinguish or trace an individ-
ual's identity, either alone or when
combined with other personal or iden-
tifying information that is linked or
linkable to a specific individual. Some
information that is considered to be
PII is available in public sources such
as telephone books, public websites,
and university listings. This type of in-
formation is considered to be Public
94 2 CFR Ch. 11 (1-1-21 Edition)
PII and includes, for example, first and
last name, address, work telephone
number, email address, home telephone
number, and general educational cre-
dentials. The definition of PII is not
anchored to any single category of in-
formation or technology. Rather, it re-
quires 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 me-
dium and from any source, that, when
combined with other available infor-
mation, could be used to identify an in-
dividual.

Program income means gross income
earned by the non -Federal entity that
is directly generated by a supported ac-
tivity or earned as a result of the Fed-
eral award during the period of per-
formance except as provided in
§200.307(f). (See the definition of period
of performance in this section.) Program
income includes but is not limited to
income from fees for services per-
formed, the use or rental or real or per-
sonal property acquired under Federal
awards, the sale of commodities or
items fabricated under a Federal
award, license fees and royalties on
patents and copyrights, and principal
and interest on loans made with Fed-
eral award funds. Interest earned on
advances of Federal funds is not pro-
gram income. Except as otherwise pro-
vided in Federal statutes, regulations,
or the terms and conditions of the Fed-
eral award, program income does not
include rebates, credits, discounts, and
interest earned on any of them. See
also §200.407. See also 35 U.S.C. 200-212
"Disposition of Rights in Educational
Awards" applies to inventions made
under Federal awards.

Project cost means total allowable
costs incurred under a Federal award
and all required cost sharing and vol-
untary committed cost sharing, includ-
ing third -party contributions.

Property means real property or per-
sonal property. See also the definitions
of real property and personal property in
this section.

Protected Personally Identifiable Infor-
mation (Protected PII) means an individ-
ual's first name or first initial and last
name in combination with any one or

Page 1711 of 2805 ends

OMB Guidance
more of types of information, includ-
ing, but 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, med-
ical and financial records, educational
transcripts. This does not include PII
that is required by law to be disclosed.

See also the definition of Personally
Identifiable Information (PH) in this sec-
tion.

Questioned cost means a cost that is
questioned by the auditor because of an
audit finding:
(1) Which resulted from a violation or
possible violation of a statute, regula-
tion, or the terms and conditions of a
Federal award, including for funds used
to match Federal funds;
(2) Where the costs, at the time of
the audit, are not supported by ade-
quate documentation; or
(3) Where the costs incurred appear
unreasonable and do not reflect the ac-
tions a prudent person would take in
the circumstances.
(4) Questioned costs are not an im-
proper payment until reviewed and
confirmed to be improper as defined in
OMB Circular A-123 appendix C. (See
also the definition of Improper payment
in this section).

Real property means land, including
land improvements, structures and ap-
purtenances thereto, but excludes
moveable machinery and equipment.

Recipient means an entity, usually
but not limited to non -Federal entities
that receives a Federal award directly
from a Federal awarding agency. The
term recipient does not include sub -
recipients or individuals that are bene-
ficiaries of the award.

Renewal award means an award made
subsequent to an expiring Federal
award for which the start date is con-
tiguous with, or closely follows, the
end of the expiring Federal award. A
renewal award's start date will begin a
distinct period of performance.

Research and Development (R&D)
means all research activities, both
basic and applied, and all development
activities that are performed by non -
Federal entities. The term research
also includes activities involving the
training of individuals in research
techniques where such activities utilize
95 § 200.1
the same facilities as other research
and development activities and where
such activities are not included in the
instruction function. "Research" is de-
fined as a systematic study directed to-
ward fuller scientific knowledge or un-
derstanding of the subject studied.
"Development" is the systematic use
of knowledge and understanding gained
from research directed toward the pro-
duction of useful materials, devices,
systems, or methods, including design
and development of prototypes and
processes.

Simplified acquisition threshold means
the dollar amount below which a non -
Federal entity may purchase property
or services using small purchase meth-
ods (see §200.320). Non -Federal entities
adopt small purchase procedures in
order to expedite the purchase of items
at or below the simplified acquisition
threshold. The simplified acquisition
threshold for procurement activities
administered under Federal awards is
set by the FAR at 48 CFR part 2, sub-
part 2.1. The non -Federal entity is re-
sponsible for determining an appro-
priate simplified acquisition threshold
based on internal controls, an evalua-
tion of risk, and its documented pro-
curement procedures. However, in no
circumstances can this threshold ex-
ceed the dollar value established in the
FAR (48 CFR part 2, subpart 2.1) for the
simplified acquisition threshold. Re-
cipients should determine if local gov-
ernment laws on purchasing apply.

Special purpose equipment means
equipment which is used only for re-
search, medical, scientific, or other
technical activities. Examples of spe-
cial purpose equipment include micro-
scopes, x-ray machines, surgical instru-
ments, and spectrometers. See also the
definitions of equipment and general
purpose equipment in this section.

State means any state of the United
States, the District of Columbia, the
Commonwealth of Puerto Rico, U.S.

Virgin Islands, Guam, American
Samoa, the Commonwealth of the
Northern Mariana Islands, and any
agency or instrumentality thereof ex-
clusive of local governments.

Student Financial Aid (SFA) means
Federal awards under those programs
of general student assistance, such as
those authorized by Title IV of the

Page 1712 of 2805 ends

§ 200.2
Higher Education Act of 1965, as
amended, (20 U.S.C. 1070-1099d), which
are administered by the U.S. Depart-
ment of Education, and similar pro-
grams provided by other Federal agen-
cies. It does not include Federal awards
under programs that provide fellow-
ships or similar Federal awards to stu-
dents on a competitive basis, or for
specified studies or research.

Subaward means an award provided
by a pass -through entity to a sub -
recipient for the subrecipient to carry
out part of a Federal award received by
the pass -through entity. It does not in-
clude payments to a contractor or pay-
ments to an individual that is a bene-
ficiary of a Federal program. A
subaward may be provided through any
form of legal agreement, including an
agreement that the pass -through enti-
ty considers a contract.

Subrecipient means an entity, usually
but not limited to non -Federal entities,
that receives a subaward from a pass -
through entity to carry out part of a
Federal award; but does not include an
individual that is a beneficiary of such
award. A subrecipient may also be a re-
cipient of other Federal awards di-
rectly from a Federal awarding agency.

Subsidiary means an entity in which
more than 50 percent of the entity is
owned or controlled directly by a par-
ent corporation or through another
subsidiary of a parent corporation.

Supplies means all tangible personal
property other than those described in
the definition of equipment in this sec-
tion. A computing device is a supply if
the acquisition cost is less than the
lesser of the capitalization level estab-
lished by the non -Federal entity for fi-
nancial statement purposes or $5,000,
regardless of the length of its useful
life. See also the definitions of com-
puting devices and equipment in this sec-
tion.

Telecommunications cost means the
cost of using communication and te-
lephony technologies such as mobile
phones, land lines, and internet.

Termination means the ending of a
Federal award, in whole or in part at
any time prior to the planned end of
period of performance. A lack of avail-
able funds is not a termination.
96 2 CFR Ch. 11 (1-1-21 Edition)
Third -party in -kind contributions
means the value of non -cash contribu-
tions (i.e., property or services) that —
(1) Benefit a federally -assisted
project or program; and
(2) Are contributed by non -Federal
third parties, without charge, to a non -
Federal entity under a Federal award.

Unliquidated financial obligations
means, for financial reports prepared
on a cash basis, financial obligations
incurred by the non -Federal entity
that have not been paid (liquidated).

For reports prepared on an accrual ex-
penditure basis, these are financial ob-
ligations incurred by the non -Federal
entity for which an expenditure has
not been recorded.

Unobligated balance means the
amount of funds under a Federal award
that the non -Federal entity has not ob-
ligated. The amount is computed by
subtracting the cumulative amount of
the non -Federal entity's unliquidated
financial obligations and expenditures
of funds under the Federal award from
the cumulative amount of the funds
that the Federal awarding agency or
pass -through entity authorized the
non -Federal entity to obligate.

Voluntary committed cost sharing
means cost sharing specifically pledged
on a voluntary basis in the proposal's
budget on the part of the non -Federal
entity and that becomes a binding re-
quirement of Federal award. See also
§200.306.
[85 FR 49529, Aug. 13, 2020]
§ 200.2 Acquisition cost.

Page 1713 of 2805 ends

OMB Guidance § 200.13
Federal entity's regular accounting
practices.
§ 200.3 Advance payment.

Advance payment means a payment
that a Federal awarding agency or
pass -through entity makes by any ap-
propriate payment mechanism, includ-
ing a predetermined payment schedule,
before the non -Federal entity disburses
the funds for program purposes.
§ 200.4 Allocation.

Allocation means the process of as-
signing a cost, or a group of costs, to
one or more cost objective(s), in rea-
sonable proportion to the benefit pro-
vided or other equitable relationship.

The process may entail assigning a
cost(s) directly to a final cost objective
or through one or more intermediate
cost objectives.
§ 200.5 Audit finding.

Audit finding means deficiencies
which the auditor is required by
§ 200.516 Audit findings, paragraph (a)
to report in the schedule of findings
and questioned costs.
§ 200.6 Auditee.

Auditee means any non -Federal enti-
ty that expends Federal awards which
must be audited under Subpart F —
Audit Requirements of this part.
§ 200.7 Auditor.

Auditor means an auditor who is a
public accountant or a Federal, state,
local government, or Indian tribe audit
organization, which meets the general
standards specified for external audi-
tors in generally accepted government
auditing standards (GAGAS). The term
auditor does not include internal audi-
tors of nonprofit organizations.
[79 FR 75880, Dec. 19, 2014]
§ 200.8 Budget.

Budget means the financial plan for
the project or program that the Fed-
eral awarding agency or pass -through
entity approves during the Federal
award process or in subsequent amend-
ments to the Federal award. It may in-
clude the Federal and non -Federal
share or only the Federal share, as de -
97 termined by the Federal awarding
agency or pass -through entity.
§ 200.9 Central service cost allocation
plan.

Central service cost allocation plan
means the documentation identifying,
accumulating, and allocating or devel-
oping billing rates based on the allow-
able costs of services provided by a
state, local government, or Indian tribe
on a centralized basis to its depart-
ments and agencies. The costs of these
services may be allocated or billed to
users.
§ 200.10 Catalog of Federal Domestic
Assistance (CFDA) number.

CFDA number means the number as-
signed to a Federal program in the
CFDA.
§ 200.11 CFDA program title.

CFDA program title means the title of
the program under which the Federal
award was funded in the CFDA.
§ 200.12 Capital assets.

Capital assets means tangible or in-
tangible assets used in operations hav-
ing a useful life of more than one year
which are capitalized in accordance
with GAAP. Capital assets include:
(a) Land, buildings (facilities), equip-
ment, and intellectual property (in-
cluding software) whether acquired by
purchase, construction, manufacture,
lease -purchase, exchange, or through
capital leases; and
(b) Additions, improvements, modi-
fications, replacements, rearrange-
ments, reinstallations, renovations or
alterations to capital assets that mate-
rially increase their value or useful life
(not ordinary repairs and mainte-
nance).
§ 200.13 Capital expenditures.

Page 1714 of 2805 ends

§200.14
§ 200.14 Claim.

Claim means, depending on the con-
text, either:
(a) A written demand or written as-
sertion by one of the parties to a Fed-
eral award seeking as a matter of
right:
(1) The payment of money in a sum
certain;
(2) The adjustment or interpretation
of the terms and conditions of the Fed-
eral award; or
(3) Other relief arising under or relat-
ing to a Federal award.
(b) A request for payment that is not
in dispute when submitted.
§ 200.15 Class of Federal awards.

Cluster of programs means a grouping
of closely related programs that share
common compliance requirements. The
types of clusters of programs are re-
search and development (R&D), student
financial aid (SFA), and other clusters.
"Other clusters" are as defined by OMB
in the compliance supplement or as
designated by a state for Federal
awards the state provides to its sub -
recipients that meet the definition of a
cluster of programs. When designating
an "other cluster," a state must iden-
tify the Federal awards included in the
cluster and advise the subrecipients of
compliance requirements applicable to
the cluster, consistent with § 200.331
Requirements for pass -through enti-
ties, paragraph (a). A cluster of pro-
grams must be considered as one pro-
gram for determining major programs,
as described in §200.518 Major program
98 2 CFR Ch. 11 (1-1-21 Edition)
determination, and, with the exception
of R&D as described in § 200.501 Audit
requirements, paragraph (c), whether a
program -specific audit may be elected.
§ 200.18 Cognizant agency for audit.

Cognizant agency for audit means the
Federal agency designated to carry out
the responsibilities described in
§ 200.513 Responsibilities, paragraph (a).

The cognizant agency for audit is not
necessarily the same as the cognizant
agency for indirect costs. A list of cog-
nizant agencies for audit may be found
at the FAC Web site.
§ 200.19 Cognizant agency for indirect
costs.

Cognizant agency for indirect costs
means the Federal agency responsible
for reviewing, negotiating, and approv-
ing cost allocation plans or indirect
cost proposals developed under this
part on behalf of all Federal agencies.

The cognizant agency for indirect cost
is not necessarily the same as the cog-
nizant agency for audit. For assign-
ments of cognizant agencies see the
following:
(a) For IHEs: Appendix III to Part
200 —Indirect (F&A) Costs Identifica-
tion and Assignment, and Rate Deter-
mination for Institutions of Higher
Education (IHEs), paragraph C.11.
(b) For nonprofit organizations: Ap-
pendix IV to Part 200 —Indirect (F&A)
Costs Identification and Assignment,
and Rate Determination for Nonprofit
Organizations, paragraph C.2.a.
(c) For state and local governments:

Appendix V to Part 200—State/Local
Governmentwide Central Service Cost
Allocation Plans, paragraph F.1.
(d) For Indian tribes: Appendix VII to
Part 200 —States and Local Govern-
ment and Indian Tribe Indirect Cost
Proposal, paragraph D.1.
[78 FR 78608, Dec. 26, 2013, as amended at 79
FR 75880, Dec. 19, 2014; 80 FR 54407, Sept. 10,
2015]
§ 200.20 Computing devices.

Page 1715 of 2805 ends

OMB Guidance
Supplies and 200.58 Information tech-
nology systems.
§ 200.21 Compliance supplement.

Compliance supplement means Appen-
dix XI to Part 200 —Compliance Supple-
ment (previously known as the Cir-
cular A-133 Compliance Supplement).
§ 200.22 Contract.

Contract means a legal instrument by
which a non -Federal entity purchases
property or services needed to carry
out the project or program under a
Federal award. The term as used in
this part does not include a legal in-
strument, even if the non -Federal enti-
ty considers it a contract, when the
substance of the transaction meets the
definition of a Federal award or
subaward (see § 200.92 Subaward).
§ 200.23 Contractor.

Contractor means an entity that re-
ceives a contract as defined in §200.22
Contract.
§ 200.24 Cooperative agreement.

Cooperative agreement means a legal
instrument of financial assistance be-
tween a Federal awarding agency or
pass -through entity and a non -Federal
entity that, consistent with 31 U.S.C.
6302-6305:
(a) Is used to enter into a relation-
ship the principal purpose of which is
to transfer anything of value from the
Federal awarding agency or pass -
through entity to the non -Federal enti-
ty to carry out a public purpose au-
thorized by a law of the United States
(see 31 U.S.C. 6101(3)); and not to ac-
quire property or services for the Fed-
eral Government or pass -through enti-
ty's direct benefit or use;
(b) Is distinguished from a grant in
that it provides for substantial involve-
ment between the Federal awarding
agency or pass -through entity and the
non -Federal entity in carrying out the
activity contemplated by the Federal
award.
(c) The term does not include:
(1) A cooperative research and devel-
opment agreement as defined in 15
U.S.C. 3710a; or
(2) An agreement that provides only:
(i) Direct United States Government
cash assistance to an individual;
99 § 200.28
(ii) A subsidy;
(iii) A loan;
(iv) A loan guarantee; or
(v) Insurance.
§ 200.25 Cooperative audit resolution.

Cooperative audit resolution means the
use of audit follow-up techniques which
promote prompt corrective action by
improving communication, fostering
collaboration, promoting trust, and de-
veloping an understanding between the
Federal agency and the non -Federal en-
tity. This approach is based upon:
(a) A strong commitment by Federal
agency and non -Federal entity leader-
ship to program integrity;
(b) Federal agencies strengthening
partnerships and working coopera-
tively with non -Federal entities and
their auditors; and non -Federal enti-
ties and their auditors working coop-
eratively with Federal agencies;
(c) A focus on current conditions and
corrective action going forward;
(d) Federal agencies offering appro-
priate relief for past noncompliance
when audits show prompt corrective
action has occurred; and
(e) Federal agency leadership sending
a clear message that continued failure
to correct conditions identified by au-
dits which are likely to cause improper
payments, fraud, waste, or abuse is un-
acceptable and will result in sanctions.
§ 200.26 Corrective action.

Corrective action means action taken
by the auditee that:
(a) Corrects identified deficiencies;
(b) Produces recommended improve-
ments; or
(c) Demonstrates that audit findings
are either invalid or do not warrant
auditee action.
§ 200.27 Cost allocation plan.

Cost allocation plan means central
service cost allocation plan or public
assistance cost allocation plan.
§ 200.28 Cost objective.

Page 1716 of 2805 ends

§200.29 2 CFR Ch. 11 (1-1-21 Edition)
cost objective may be a major function
of the non -Federal entity, a particular
service or project, a Federal award, or
an indirect (Facilities & Administra-
tive (F&A)) cost activity, as described
in Subpart E —Cost Principles of this
Part. See also §§200.44 Final cost objec-
tive and 200.60 Intermediate cost objec-
tive.
§ 200.29 Cost sharing or matching.

Cost sharing or matching means the
portion of project costs not paid by
Federal funds (unless otherwise author-
ized by Federal statute). See also
§200.306 Cost sharing or matching.
§ 200.30 Cross -cutting audit finding.

Cross -cutting audit finding means an
audit finding where the same under-
lying condition or issue affects Federal
awards of more than one Federal
awarding agency or pass -through enti-
ty.
§ 200.31 Disallowed costs.

See also §§200.12 Capital assets, 200.20
Computing devices, 200.48 General pur-
pose equipment, 200.58 Information
technology systems, 200.89 Special pur-
pose equipment, and 200.94 Supplies.
§ 200.34 Expenditures.

Expenditures means charges made by
a non -Federal entity to a project or
program for which a Federal award was
received.
(a) The charges may be reported on a
cash or accrual basis, as long as the
methodology is disclosed and is con-
sistently applied.
(b) For reports prepared on a cash
basis, expenditures are the sum of:
(1) Cash disbursements for direct
charges for property and services;
(2) The amount of indirect expense
charged;
(3) The value of third -party in -kind
contributions applied; and
(4) The amount of cash advance pay-
ments and payments made to sub -
recipients.
(c) For reports prepared on an ac-
crual basis, expenditures are the sum
of:
(1) Cash disbursements for direct
charges for property and services;
(2) The amount of indirect expense
incurred;
(3) The value of third -party in -kind
contributions applied; and
(4) The net increase or decrease in
the amounts owed by the non -Federal
entity for:
(i) Goods and other property re-
ceived;
(ii) Services performed by employees,
contractors, subrecipients, and other
payees; and
(iii) Programs for which no current
services or performance are required
such as annuities, insurance claims, or
other benefit payments.
§ 200.35 Federal agency.

Federal agency means an
defined at 5 U.S.C. 551(1)
clarified by 5 U.S.C. 552(f).
"agency" as
and further
§ 200.36 Federal Audit Clearinghouse
(FAC).

FAC means the clearinghouse des-
ignated by OMB as the repository of
record where non -Federal entities are
required to transmit the reporting
packages required by Subpart F —Audit
Requirements of this part. The mailing
address of the FAC is Federal Audit
Clearinghouse, Bureau of the Census,
1201 E. 10th Street, Jeffersonville, IN
47132 and the web address is: http://har-
vester.census.gov/sac/. Any future up-
dates to the location of the FAC may
be found at the OMB Web site.
100

Page 1717 of 2805 ends

OMB Guidance
§ 200.37 Federal awarding agency.

Federal awarding agency means the
Federal agency that provides a Federal
award directly to a non -Federal entity.
§ 200.38 Federal award.

Federal award has the meaning, de-
pending on the context, in either para-
graph (a) or (b) of this section:
(a)(1) The Federal financial assist-
ance that a non -Federal entity receives
directly from a Federal awarding agen-
cy or indirectly from a pass -through
entity, as described in § 200.101 Applica-
bility; or
(2) The cost -reimbursement contract
under the Federal Acquisition Regula-
tions that a non -Federal entity re-
ceives directly from a Federal award-
ing agency or indirectly from a pass -
through entity, as described in § 200.101
Applicability.
(b) The instrument setting forth the
terms and conditions. The instrument
is the grant agreement, cooperative
agreement, other agreement for assist-
ance covered in paragraph (b) of § 200.40
Federal financial assistance, or the
cost -reimbursement contract awarded
under the Federal Acquisition Regula-
tions.
(c) Federal award does not include
other contracts that a Federal agency
uses to buy goods or services from a
contractor or a contract to operate
Federal Government owned, contractor
operated facilities (GOCOs).
(d) See also definitions of Federal fi-
nancial assistance, grant agreement,
and cooperative agreement.
§ 200.39 Federal award date.

Federal award date means the date
when the Federal award is signed by
the authorized official of the Federal
awarding agency.
§ 200.40 Federal financial assistance.
(a) Federal financial assistance means
assistance that non -Federal entities re-
ceive or administer in the form of:
(1) Grants;
(2) Cooperative agreements;
(3) Non -cash contributions or dona-
tions of property (including donated
surplus property);
(4) Direct appropriations;
(5) Food commodities; and
§ 200.42
(6) Other financial assistance (except
assistance listed in paragraph (b) of
this section).
(b) For § 200.202 Requirement to pro-
vide public notice of Federal financial
assistance programs and Subpart F —
Audit Requirements of this part, Fed-
eral financial assistance also includes as-
sistance that non -Federal entities re-
ceive or administer in the form of:
(1) Loans;
(2) Loan Guarantees;
(3) Interest subsidies; and
(4) Insurance.
(c) Federal financial assistance does
not include amounts received as reim-
bursement for services rendered to in-
dividuals as described in § 200.502 Basis
for determining Federal awards ex-
pended, paragraph (h) and (i) of this
part.
[78 FR 78608, Dec. 26, 2013, as amended at 80
FR 54407, Sept. 10, 2015]
§ 200.41 Federal interest.

Federal interest means, for purposes of
§200.329 Reporting on real property or
when used in connection with the ac-
quisition or improvement of real prop-
erty, equipment, or supplies under a
Federal award, the dollar amount that
is the product of the:
(a) Federal share of total project
costs; and
(b) Current fair market value of the
property, improvements, or both, to
the extent the costs of acquiring or im-
proving the property were included as
project costs.
§ 200.42 Federal program.

Federal program means:
(a) All Federal awards which are as-
signed a single number in the CFDA.
(b) When no CFDA number is as-
signed, all Federal awards to non -Fed-
eral entities from the same agency
made for the same purpose must be
combined and considered one program.
(c) Notwithstanding paragraphs (a)
and (b) of this definition, a cluster of
programs. The types of clusters of pro-
grams are:
(1) Research and development (R&D);
(2) Student financial aid (SFA); and
101

Page 1718 of 2805 ends

§ 200.43
(3) "Other clusters," as described in
the definition of Cluster of Programs.
[78 FR 78608, Dec. 26, 2013, as amended at 79
FR 75880, Dec. 19, 2014]
§ 200.43 Federal share.

Federal share means the portion of
the total project costs that are paid by
Federal funds.
§ 200.44 Final cost objective.

Final cost objective means a cost ob-
jective which has allocated to it both
direct and indirect costs and, in the
non -Federal entity's accumulation sys-
tem, is one of the final accumulation
points, such as a particular award, in-
ternal project, or other direct activity
of a non -Federal entity. See also
§§200.28 Cost objective and 200.60 Inter-
mediate cost objective.
§ 200.45 Fixed amount awards.

Fixed amount awards means a type of
grant agreement under which the Fed-
eral awarding agency or pass -through
entity provides a specific level of sup-
port without regard to actual costs in-
curred under the Federal award. This
type of Federal award reduces some of
the administrative burden and record -
keeping requirements for both the non -
Federal entity and Federal awarding
agency or pass -through entity. Ac-
countability is based primarily on per-
formance and results. See §§200.201 Use
of grant agreements (including fixed
amount awards), cooperative agree-
ments, and contracts, paragraph (b)
and 200.332 Fixed amount subawards.
§ 200.46 Foreign public entity.

Foreign public entity means:
(a) A foreign government or foreign
governmental entity;
(b) A public international organiza-
tion, which is an organization entitled
to enjoy privileges, exemptions, and
immunities as an international organi-
zation under the International Organi-
zations Immunities Act (22 U.S.C. 288-
288f);
(c) An entity owned (in whole or in
part) or controlled by a foreign govern-
ment; or
(d) Any other entity consisting whol-
ly or partially of one or more foreign
2 CFR Ch. 11 (1-1-21 Edition)
governments or foreign governmental
entities.
§ 200.47 Foreign organization.

Foreign organization means an entity
that is:
(a) A public or private organization
located in a country other than the
United States and its territories that is
subject to the laws of the country in
which it is located, irrespective of the
citizenship of project staff or place of
performance;
(b) A private nongovernmental orga-
nization located in a country other
than the United States that solicits
and receives cash contributions from
the general public;
(c) A charitable organization located
in a country other than the United
States that is nonprofit and tax ex-
empt under the laws of its country of
domicile and operation, and is not a
university, college, accredited degree -
granting institution of education, pri-
vate foundation, hospital, organization
engaged exclusively in research or sci-
entific activities, church, synagogue,
mosque or other similar entities orga-
nized primarily for religious purposes;
or
(d) An organization located in a
country other than the United States
not recognized as a Foreign Public En-
tity.
[78 FR 78608, Dec. 26, 2013, as amended at 79
FR 75880, Dec. 19, 2014]
§ 200.48 General purpose equipment.

General purpose equipment means
equipment which is not limited to re-
search, medical, scientific or other
technical activities. Examples include
office equipment and furnishings, mod-
ular offices, telephone networks, infor-
mation technology equipment and sys-
tems, air conditioning equipment, re-
production and printing equipment,
and motor vehicles. See also Equip-
ment and Special Purpose Equipment.
§ 200.49 Generally Accepted Account-
ing Principles (GAAP).

GAAP has the meaning specified in
accounting standards issued by the
Government Accounting Standards
Board (GASB) and the Financial Ac-
counting Standards Board (FASB).
102

Page 1719 of 2805 ends

OMB Guidance
§ 200.50 Generally Accepted Govern-
ment Auditing Standards (GAGAS).

GAGAS, also known as the Yellow
Book, means generally accepted gov-
ernment auditing standards issued by
the Comptroller General of the United
States, which are applicable to finan-
cial audits.
[78 FR 78608, Dec. 26, 2013, as amended at 79
FR 75880, Dec. 19, 2014]
§ 200.51 Grant agreement.

Grant agreement means a legal instru-
ment of financial assistance between a
Federal awarding agency or pass -
through entity and a non -Federal enti-
ty that, consistent with 31 U.S.C. 6302,
6304:
(a) Is used to enter into a relation-
ship the principal purpose of which is
to transfer anything of value from the
Federal awarding agency or pass -
through entity to the non -Federal enti-
ty to carry out a public purpose au-
thorized by a law of the United States
(see 31 U.S.C. 6101(3)); and not to ac-
quire property or services for the Fed-
eral awarding agency or pass -through
entity's direct benefit or use;
(b) Is distinguished from a coopera-
tive agreement in that it does not pro-
vide for substantial involvement be-
tween the Federal awarding agency or
pass -through entity and the non -Fed-
eral entity in carrying out the activity
contemplated by the Federal award.
(c) Does not include an agreement
that provides only:
(1) Direct United States Government
cash assistance to an individual;
(2) A subsidy;
(3) A loan;
(4) A loan guarantee; or
(5) Insurance.
§ 200.52 Hospital.

Hospital means a facility licensed as
a hospital under the law of any state or
a facility operated as a hospital by the
United States, a state, or a subdivision
of a state.
§ 200.53 Improper payment.
(a) Improper payment means any pay-
ment that should not have been made
or that was made in an incorrect
amount (including overpayments and
underpayments) under statutory, con-
§ 200.56
tractual, administrative, or other le-
gally applicable requirements; and
(b) Improper payment includes any
payment to an ineligible party, any
payment for an ineligible good or serv-
ice, any duplicate payment, any pay-
ment for a good or service not received
(except for such payments where au-
thorized by law), any payment that
does not account for credit for applica-
ble discounts, and any payment where
insufficient or lack of documentation
prevents a reviewer from discerning
whether a payment was proper.
§ 200.54 Indian tribe (or "federally rec-
ognized Indian tribe").

IHE is defined at 20 U.S.C. 1001.
§ 200.56 Indirect (facilities & adminis-
trative (F&A)) costs.

Indirect (F&A) costs means those costs
incurred for a common or joint purpose
benefitting more than one cost objec-
tive, and not readily assignable to the
cost objectives specifically benefitted,
without effort disproportionate to the
results achieved. To facilitate equi-
table distribution of indirect expenses
to the cost objectives served, it may be
necessary to establish a number of
pools of indirect (F&A) costs. Indirect
(F&A) cost pools must be distributed to
benefitted cost objectives on bases that
will produce an equitable result in con-
sideration of relative benefits derived.
[78 FR 78608, Dec. 26, 2013, as amended at 79
FR 75880, Dec. 19, 2014]
103

Page 1720 of 2805 ends

§ 200.57
§ 200.57 Indirect cost rate proposal.

Indirect cost rate proposal means the
documentation prepared by a non -Fed-
eral entity to substantiate its request
for the establishment of an indirect
cost rate as described in Appendix III
to Part 200 —Indirect (F&A) Costs Iden-
tification and Assignment, and Rate
Determination for Institutions of High-
er Education (IHEs) through Appendix
VII to Part 200 —States and Local Gov-
ernment and Indian Tribe Indirect Cost
Proposals of this part, and Appendix IX
to Part 200 —Hospital Cost Principles.
[78 FR 78608, Dec. 26, 2013, as amended at 79
FR 75880, Dec. 19, 2014]
§ 200.58 Information technology sys-
tems.

Information technology systems means
computing devices, ancillary equip-
ment, software, firmware, and similar
procedures, services (including support
services), and related resources. See
also §§200.20 Computing devices and
200.33 Equipment.
§ 200.59 Intangible property.

Intermediate cost objective means a
cost objective that is used to accumu-
late indirect costs or service center
costs that are subsequently allocated
to one or more indirect cost pools or
final cost objectives. See also §200.28
Cost objective and §200.44 Final cost
objective.
§ 200.61 Internal controls.

Internal controls means a process, im-
plemented by a non -Federal entity, de-
signed to provide reasonable assurance
regarding the achievement of objec-
tives in the following categories:
(a) Effectiveness and efficiency of op-
erations;
(b) Reliability of reporting for inter-
nal and external use; and
2 CFR Ch. 11 (1-1-21 Edition)
(c) Compliance with applicable laws
and regulations.
§ 200.62 Internal control over compli-
ance requirements for Federal
awards.

Internal control over compliance re-
quirements for Federal awards means a
process implemented by a non -Federal
entity designed to provide reasonable
assurance regarding the achievement
of the following objectives for Federal
awards:
(a) Transactions are properly re-
corded and accounted for, in order to:
(1) Permit the preparation of reliable
financial statements and Federal re-
ports;
(2) Maintain accountability over as-
sets; and
(3) Demonstrate compliance with
Federal statutes, regulations, and the
terms and conditions of the Federal
award;
(b) Transactions are executed in com-
pliance with:
(1) Federal statutes, regulations, and
the terms and conditions of the Federal
award that could have a direct and ma-
terial effect on a Federal program; and
(2) Any other Federal statutes and
regulations that are identified in the
Compliance Supplement; and
(c) Funds, property, and other assets
are safeguarded against loss from un-
authorized use or disposition.
§ 200.63 Loan.

Loan means a Federal loan or loan
guarantee received or administered by
a non -Federal entity, except as used in
the definition of §200.80 Program in-
come.
(a) The term "direct loan" means a
disbursement of funds by the Federal
Government to a non -Federal borrower
under a contract that requires the re-
payment of such funds with or without
interest. The term includes the pur-
chase of, or participation in, a loan
made by another lender and financing
arrangements that defer payment for
more than 90 days, including the sale of
a Federal Government asset on credit
terms. The term does not include the
acquisition of a federally guaranteed
loan in satisfaction of default claims or
the price support loans of the Com-
modity Credit Corporation.
104

Page 1721 of 2805 ends

OMB Guidance
(b) The term "direct loan obligation"
means a binding agreement by a Fed-
eral awarding agency to make a direct
loan when specified conditions are ful-
filled by the borrower.
(c) The term "loan guarantee" means
any Federal Government guarantee, in-
surance, or other pledge with respect
to the payment of all or a part of the
principal or interest on any debt obli-
gation of a non -Federal borrower to a
non -Federal lender, but does not in-
clude the insurance of deposits, shares,
or other withdrawable accounts in fi-
nancial institutions.
(d) The term "loan guarantee com-
mitment" means a binding agreement
by a Federal awarding agency to make
a loan guarantee when specified condi-
tions are fulfilled by the borrower, the
lender, or any other party to the guar-
antee agreement.
§ 200.64 Local government.

Local government means any unit of
government within a state, including a:
(a) County;
(b) Borough;
(c) Municipality;
(d) City;
(e) Town;
(f) Township;
(g) Parish;
(h) Local public authority, including
any public housing agency under the
United States Housing Act of 1937;
(i) Special district;
(j) School district;
(k) Intrastate district;
(1) Council of governments, whether
or not incorporated as a nonprofit cor-
poration under state law; and
(m) Any other agency or instrumen-
tality of a multi-, regional, or intra-
state or local government.
§ 200.65 Major program.

Major program means a Federal pro-
gram determined by the auditor to be a
major program in accordance with
§200.518 Major program determination
or a program identified as a major pro-
gram by a Federal awarding agency or
pass -through entity in accordance with
§ 200.503 Relation to other audit re-
quirements, paragraph (e).
§ 200.69
§ 200.66 Management decision.

Management decision means the eval-
uation by the Federal awarding agency
or pass -through entity of the audit
findings and corrective action plan and
the issuance of a written decision to
the auditee as to what corrective ac-
tion is necessary.
§ 200.67 Micro -purchase.

Micro -purchase means a purchase of
supplies or services using simplified ac-
quisition procedures, the aggregate
amount of which does not exceed the
micro -purchase threshold. Micro -pur-
chase procedures comprise a subset of a
non -Federal entity's small purchase
procedures. The non -Federal entity
uses such procedures in order to expe-
dite the completion of its lowest -dollar
small purchase transactions and mini-
mize the associated administrative
burden and cost. The micro -purchase
threshold is set by the Federal Acquisi-
tion Regulation at 48 CFR Subpart 2.1
(Definitions). It is $3,000 except as oth-
erwise discussed in Subpart 2.1 of that
regulation, but this threshold is peri-
odically adjusted for inflation.
§ 200.68 Modified Total Direct Cost
(MTDC).

MTDC means all direct salaries and
wages, applicable fringe benefits, mate-
rials and supplies, services, travel, and
up to the first $25,000 of each subaward
(regardless of the period of perform-
ance of the subawards under the
award). MTDC excludes equipment,
capital expenditures, charges for pa-
tient care, rental costs, tuition remis-
sion, scholarships and fellowships, par-
ticipant support costs and the portion
of each subaward in excess of $25,000.

Other items may only be excluded
when necessary to avoid a serious in-
equity in the distribution of indirect
costs, and with the approval of the cog-
nizant agency for indirect costs.
[79 FR 75880, Dec. 19, 2014]
§ 200.69 Non -Federal entity.

Non -Federal entity means a state,
local government, Indian tribe, institu-
tion of higher education (IHE), or non-
profit organization that carries out a
Federal award as a recipient or sub -
recipient.
105

Page 1722 of 2805 ends

§ 200.70
§ 200.70 Nonprofit organization.

Nonprofit organization means any cor-
poration, trust, association, coopera-
tive, or other organization, not includ-
ing IHEs, that:
(a) Is operated primarily for sci-
entific, educational, service, chari-
table, or similar purposes in the public
interest;
(b) Is not organized primarily for
profit; and
(c) Uses net proceeds to maintain,
improve, or expand the operations of
the organization.
§ 200.71 Obligations.

When used in connection with a non -
Federal entity's utilization of funds
under a Federal award, obligations
means orders placed for property and
services, contracts and subawards
made, and similar transactions during
a given period that require payment by
the non -Federal entity during the same
or a future period.
§ 200.72 Office of Management and
Budget (OMB).

OMB means the Executive Office of
the President, Office of Management
and Budget.
§ 200.73 Oversight agency for audit.

Oversight agency for audit means the
Federal awarding agency that provides
the predominant amount of funding di-
rectly to a non -Federal entity not as-
signed a cognizant agency for audit.

Pass -through entity means a non -Fed-
eral entity that provides a subaward to
a subrecipient to carry out part of a
Federal program.
§ 200.75 Participant support costs.

Participant support costs means direct
costs for items such as stipends or sub-
sistence allowances, travel allowances,
and registration fees paid to or on be -
2 CFR Ch. 11 (1-1-21 Edition)
half of participants or trainees (but not
employees) in connection with con-
ferences, or training projects.
§ 200.76 Performance goal.

Period of performance means the time
during which the non -Federal entity
may incur new obligations to carry out
the work authorized under the Federal
award. The Federal awarding agency or
pass -through entity must include start
and end dates of the period of perform-
ance in the Federal award (see §§200.210
Information contained in a Federal
award paragraph (a)(5) and 200.331 Re-
quirements for pass -through entities,
paragraph (a)(1)(iv)).
§ 200.78 Personal property.

Personal property means property
other than real property. It may be
tangible, having physical existence, or
intangible.
§ 200.79 Personally Identifiable Infor-
mation (PII).

PII means information that can be
used to distinguish or trace an individ-
ual's identity, either alone or when
combined with other personal or iden-
tifying information that is linked or
linkable to a specific individual. Some
information that is considered to be
PII is available in public sources such
as telephone books, public Web sites,
and university listings. This type of in-
formation is considered to be Public
PII and includes, for example, first and
last name, address, work telephone
number, email address, home telephone
number, and general educational cre-
dentials. The definition of PII is not
anchored to any single category of in-
formation or technology. Rather, it re-
quires a case -by -case assessment of the
specific risk that an individual can be
106

Page 1723 of 2805 ends

OMB Guidance
identified. Non-PII can become PII
whenever additional information is
made publicly available, in any me-
dium and from any source, that, when
combined with other available infor-
mation, could be used to identify an in-
dividual.
§ 200.80 Program income.

Interest earned on advances of Federal
funds is not program income. Except as
otherwise provided in Federal statutes,
regulations, or the terms and condi-
tions of the Federal award, program in-
come does not include rebates, credits,
discounts, and interest earned on any
of them. See also § 200.407 Prior written
approval (prior approval). See also 35
U.S.C. 200-212 "Disposition of Rights in
Educational Awards" applies to inven-
tions made under Federal awards.
[78 FR 78608, Dec. 26, 2013, as amended at 79
FR 75880, Dec. 19, 2014]
§ 200.81 Property.

Property means real property or per-
sonal property.
§ 200.82 Protected Personally Identifi-
able Information (Protected PII).

Protected PII means an individual's
first name or first initial and last name
in combination with any one or more
of types of information, including, but
not limited to, social security number,
passport number, credit card numbers,
clearances, bank numbers, biometrics,
date and place of birth, mother's maid-
en name, criminal, medical and finan-
cial records, educational transcripts.

This does not include PII that is re-
quired by law to be disclosed. (See also
§ 200.87
§ 200.79 Personally Identifiable Informa-
tion (PII)).
§ 200.83 Project cost.

Project cost means total allowable
costs incurred under a Federal award
and all required cost sharing and vol-
untary committed cost sharing, includ-
ing third -party contributions.
§ 200.84 Questioned cost.

Questioned cost means a cost that is
questioned by the auditor because of an
audit finding:
(a) Which resulted from a violation
or possible violation of a statute, regu-
lation, 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 ade-
quate documentation; or
(c) Where the costs incurred appear
unreasonable and do not reflect the ac-
tions a prudent person would take in
the circumstances.
§ 200.85 Real property.

Real property means land, including
land improvements, structures and ap-
purtenances thereto, but excludes
moveable machinery and equipment.
§ 200.86 Recipient.

Recipient means a non -Federal entity
that receives a Federal award directly
from a Federal awarding agency to
carry out an activity under a Federal
program. The term recipient does not
include subrecipients. See also §200.69
Non -Federal entity.
§ 200.87 Research and Development
(R&D).

R&D means all research activities,
both basic and applied, and all develop-
ment activities that are performed by
non -Federal entities. The term re-
search also includes activities involv-
ing the training of individuals in re-
search techniques where such activities
utilize the same facilities as other re-
search and development activities and
where such activities are not included
in the instruction function.
"Research" is defined as a system-
atic study directed toward fuller sci-
entific knowledge or understanding of
the subject studied. "Development" is
107

Page 1724 of 2805 ends

§ 200.88
the systematic use of knowledge and
understanding gained from research di-
rected toward the production of useful
materials, devices, systems, or meth-
ods, including design and development
of prototypes and processes.
§ 200.88 Simplified acquisition thresh-
old.

Simplified acquisition threshold means
the dollar amount below which a non -
Federal entity may purchase property
or services using small purchase meth-
ods. Non -Federal entities adopt small
purchase procedures in order to expe-
dite the purchase of items costing less
than the simplified acquisition thresh-
old. The simplified acquisition thresh-
old is set by the Federal Acquisition
Regulation at 48 CFR Subpart 2.1 (Defi-
nitions) and in accordance with 41
U.S.C. 1908. As of the publication of
this part, the simplified acquisition
threshold is $150,000, but this threshold
is periodically adjusted for inflation.
(Also see definition of § 200.67 Micro -
purchase.)
§ 200.89 Special purpose equipment.

Special purpose equipment means
equipment which is used only for re-
search, medical, scientific, or other
technical activities. Examples of spe-
cial purpose equipment include micro-
scopes, x-ray machines, surgical instru-
ments, and spectrometers. See also
§§200.33 Equipment and 200.48 General
purpose equipment.
§ 200.90 State.

State means any state of the United
States, the District of Columbia, the
Commonwealth of Puerto Rico, U.S.

Virgin Islands, Guam, American
Samoa, the Commonwealth of the
Northern Mariana Islands, and any
agency or instrumentality thereof ex-
clusive of local governments.
[78 FR 78608, Dec. 26, 2013, as amended at 79
FR 75880, Dec. 19, 2014]
§ 200.91 Student Financial Aid (SFA).

SFA means Federal awards under
those programs of general student as-
sistance, such as those authorized by
Title IV of the Higher Education Act of
1965, as amended, (20 U.S.C. 1070-1099d),
which are administered by the U.S. De-
partment of Education, and similar
2 CFR Ch. 11 (1-1-21 Edition)
programs provided by other Federal
agencies. It does not include Federal
awards under programs that provide
fellowships or similar Federal awards
to students on a competitive basis, or
for specified studies or research.
§ 200.92 Subaward.

Subrecipient means a non -Federal en-
tity that receives a subaward from a
pass -through entity to carry out part
of a Federal program; but does not in-
clude an individual that is a bene-
ficiary of such program. A subrecipient
may also be a recipient of other Fed-
eral awards directly from a Federal
awarding agency.
§ 200.94 Supplies.

Supplies means all tangible personal
property other than those described in
§ 200.33 Equipment. A computing device
is a supply if the acquisition cost is
less than the lesser of the capitaliza-
tion level established by the non -Fed-
eral entity for financial statement pur-
poses or $5,000, regardless of the length
of its useful life. See also §§200.20 Com-
puting devices and 200.33 Equipment.
§ 200.95 Termination.

Termination means the ending of a
Federal award, in whole or in part at
any time prior to the planned end of
period of performance.
§ 200.96 Third -party in -kind contribu-
tions.

Third -party in -kind contributions
means the value of non -cash contribu-
tions (i.e., property or services) that —
(a) Benefit a federally assisted
project or program; and
108

Page 1725 of 2805 ends

OMB Guidance
(b) Are contributed by non -Federal
third parties, without charge, to a non -
Federal entity under a Federal award.
§ 200.97 Unliquidated obligations.

Unliquidated obligations means, for fi-
nancial reports prepared on a cash
basis, obligations incurred by the non -
Federal entity that have not been paid
(liquidated). For reports prepared on an
accrual expenditure basis, these are ob-
ligations incurred by the non -Federal
entity for which an expenditure has
not been recorded.
§ 200.98 Unobligated balance.

Unobligated balance means the
amount of funds under a Federal award
that the non -Federal entity has not ob-
ligated. The amount is computed by
subtracting the cumulative amount of
the non -Federal entity's unliquidated
obligations and expenditures of funds
under the Federal award from the cu-
mulative amount of the funds that the
Federal awarding agency or pass -
through entity authorized the non -Fed-
eral entity to obligate.
§ 200.99 Voluntary committed cost
sharing.

Voluntary committed cost sharing
means cost sharing specifically pledged
on a voluntary basis in the proposal's
budget or the Federal award on the
part of the non -Federal entity and that
becomes a binding requirement of Fed-
eral award.

Subpart B —General Provisions
§ 200.100 Purpose.
(a) Purpose. (1) This part establishes
uniform administrative requirements,
cost principles, and audit requirements
for Federal awards to non -Federal enti-
ties, as described in §200.101. Federal
awarding agencies must not impose ad-
ditional or inconsistent requirements,
except as provided in §§200.102 and
200.211, or unless specifically required
by Federal statute, regulation, or Ex-
ecutive order.
(2) This part provides the basis for a
systematic and periodic collection and
uniform submission by Federal agen-
cies of information on all Federal fi-
nancial assistance programs to the Of-
fice of Management and Budget (OMB).
§ 200.100
It also establishes Federal policies re-
lated to the delivery of this informa-
tion to the public, including through
the use of electronic media. It pre-
scribes the manner in which General
Services Administration (GSA), OMB,
and Federal agencies that administer
Federal financial assistance programs
are to carry out their statutory respon-
sibilities under the Federal Program
Information Act (31 U.S.C. 6101-6106).
(b) Administrative requirements. Sub-
parts B through D of this part set forth
the uniform administrative require-
ments for grant and cooperative agree-
ments, including the requirements for
Federal awarding agency management
of Federal grant programs before the
Federal award has been made, and the
requirements Federal awarding agen-
cies may impose on non -Federal enti-
ties in the Federal award.
(c) Cost principles. Subpart E of this
part establishes principles for deter-
mining the allowable costs incurred by
non -Federal entities under Federal
awards. The principles are for the pur-
pose of cost determination and are not
intended to identify the circumstances
or dictate the extent of Federal Gov-
ernment participation in the financing
of a particular program or project. The
principles are designed to provide that
Federal awards bear their fair share of
cost recognized under these principles
except where restricted or prohibited
by statute.
(d) Single Audit Requirements and
Audit Follow-up. Subpart F of this part
is issued pursuant to the Single Audit
Act Amendments of 1996, (31 U.S.C.
7501-7507). It sets forth standards for
obtaining consistency and uniformity
among Federal agencies for the audit
of non -Federal entities expending Fed-
eral awards. These provisions also pro-
vide the policies and procedures for
Federal awarding agencies and pass -
through entities when using the results
of these audits.
(e) Guidance on challenges and prizes.

For OMB guidance to Federal awarding
agencies on challenges and prizes,
please see memo M-10-11 Guidance on
the Use of Challenges and Prizes to
Promote Open Government, issued
March 8, 2010, or its successor.
[78 FR 78608, Dec. 26, 2013, as amended at 85
FR 49536, Aug. 13, 2020]
109

Page 1726 of 2805 ends

§200.101
§ 200.101 Applicability.
(a) General applicability to Federal
agencies. (1) The requirements estab-
lished in this part apply to Federal
agencies that make Federal awards to
non -Federal entities. These require-
ments are applicable to all costs re-
lated to Federal awards.
(2) Federal awarding agencies may
apply subparts A through E of this part
to Federal agencies, for-profit entities,
foreign public entities, or foreign orga-
nizations, except where the Federal
awarding agency determines that the
application of these subparts would be
inconsistent with the international re-
sponsibilities of the United States or
the statutes or regulations of a foreign
government.
(b) Applicability to different types of
Federal awards. (1) Throughout this
part when the word "must" is used it
indicates a requirement. Whereas, use
of the word "should" or "may" indi-
2 CFR Ch. 11 (1-1-21 Edition)
cates a best practice or recommended
approach rather than a requirement
and permits discretion.
(2) The following table describes what
portions of this part apply to which
types of Federal awards. The terms and
conditions of Federal awards (including
this part) flow down to subawards to
subrecipients unless a particular sec-
tion of this part or the terms and con-
ditions of the Federal award specifi-
cally indicate otherwise. This means
that non -Federal entities must comply
with requirements in this part regard-
less of whether the non -Federal entity
is a recipient or subrecipient of a Fed-
eral award. Pass -through entities must
comply with the requirements de-
scribed in subpart D of this part,
H200.331 through 200.333, but not any
requirements in this part directed to-
wards Federal awarding agencies un-
less the requirements of this part or
the terms and conditions of the Federal
award indicate otherwise.

TABLE 1 TO PARAGRAPH (b)
The following portions of this Part
Are applicable to the followins types of
Federal Awards and Fixed -Price Con-
tracts and Subcontracts (except as
noted in paragraphs (d) and (e) of this
section):

Are NOT applicable to the following
types of Federal Awards and Fixed -Price
Contracts and Subcontracts:

Subpart A —Acronyms and Definitions
Subpart B —General Provisions, except
for §§200.111 English Language,
200.112 Conflict of Interest, 200.113
Mandatory Disclosures.
§§200.111 English Language, 200.112
Conflict of Interest, 200.113 Mandatory
Disclosures.

Subparts C —D, except for §§200.203 Re-
quirement to provide public notice of
Federal financial assistance programs,
200.303 Internal controls, 200.331-333
Subrecipient Monitoring and Manage-
ment.
§200.203 Requirement to provide public
notice of Federal financial assistance
programs.
§§200.303 Internal controls, 200.331-333
Subrecipient Monitoring and Manage-
ment.

Subpart E —Cost Principles
— All.
— All.
— Grant Agreements and cooperative
agreements.
— Grant Agreements and cooperative
agreements.
— Grant Agreements and cooperative
agreements.
— Agreements for loans, loan guaran-
tees, interest subsidies and insurance.
— All.
— Grant Agreements and cooperative
agreements, except those providing
food commodities.
— All procurement contracts under the
Federal Acquisition Regulations ex-
cept those that are not negotiated.
110
— Agreements for loans, loan guaran-
tees, interest subsidies and insurance.
—Procurement contracts awarded by
Federal Agencies under the Federal
Acquisition Regulation and sub-
contracts under those contracts.
— Agreements for loans, loan guaran-
tees, interest subsidies and insurance.
— Procurement contracts awarded by
Federal Agencies under the Federal
Acquisition Regulation and sub-
contracts under those contracts.
— Procurement contracts awarded by
Federal Agencies under the Federal
Acquisition Regulation and sub-
contracts under those contracts.
— Grant agreements and cooperative
agreements providing foods commod-
ities.
— Fixed amount awards.
— Agreements for loans, loans guaran-
tees, interest subsidies and insurance.
— Federal awards to hospitals (see Ap-
pendix IX Hospital Cost Principles).

Page 1727 of 2805 ends

OMB Guidance
TABLE 1 TO PARAGRAPH (b) —Continued
§ 200.101
The following portions of this Part
Are applicable to the following types of
Federal Awards and Fixed -Price Con-
tracts and Subcontracts (except as
noted in paragraphs (d) and (e) of this
section):

Are NOT applicable to the following
types of Federal Awards and Fixed -Price
Contracts and Subcontracts:

Subpart F —Audit Requirements
—Grant Agreements and cooperative
—Fixed-price contracts and subcontracts
agreements.
awarded under the Federal Acquisition
—Contracts and subcontracts, except for
fixed price contacts and subcontracts,
awarded under the Federal Acquisition
Regulation.

Regulation.
—Agreements for loans, loans guaran-
tees, interest subsidies and insurance
and other forms of Federal Financial
Assistance as defined by the Single
Audit Act Amendment of 1996.
(c) Federal award of cost -reimbursement
contract under the FAR to a non -Federal
entity. When a non -Federal entity is
awarded a cost -reimbursement con-
tract, only subpart D, §§200.331 through
200.333, and subparts E and F of this
part are incorporated by reference into
the contract, but the requirements of
subparts D, E, and F are supplementary
to the FAR and the contract. When the
Cost Accounting Standards (CAS) are
applicable to the contract, they take
precedence over the requirements of
this part, including subpart F of this
part, which are supplementary to the
CAS requirements. In addition, costs
that are made unallowable under 10
U.S.C. 2324(e) and 41 U.S.C. 4304(a) as
described in the FAR 48 CFR part 31,
subpart 31.2, and 48 CFR 31.603 are al-
ways unallowable. For requirements
other than those covered in subpart D,
§§200.331 through 200.333, and subparts
E and F of this part, the terms of the
contract and the FAR apply. Note that
when a non -Federal entity is awarded a
FAR contract, the FAR applies, and
the terms and conditions of the con-
tract shall prevail over the require-
ments of this part.
(d) Governing provisions. With the ex-
ception of subpart F of this part, which
is required by the Single Audit Act, in
any circumstances where the provi-
sions of Federal statutes or regulations
differ from the provisions of this part,
the provision of the Federal statutes or
regulations govern. This includes, for
agreements with Indian tribes, the pro-
visions of the Indian Self -Determina-
tion and Education and Assistance Act
(ISDEAA), as amended, 25 U.S.0 450-
458ddd-2.
(e) Program applicability. Except for
§§200.203 and 200.331 through 200.333, the
requirements in subparts C, D, and E of
this part do not apply to the following
programs:
(1) The block grant awards author-
ized by the Omnibus Budget Reconcili-
ation Act of 1981 (including Community
Services), except to the extent that
subpart E of this part apply to sub -
recipients of Community Services
Block Grant funds pursuant to 42
U.S.C. 9916(a)(1)(B);
(2) Federal awards to local education
agencies under 20 U.S.C. 7702-7703b,
(portions of the Impact Aid program);
(3) Payments under the Department
of Veterans Affairs' State Home Per
Diem Program (38 U.S.C. 1741); and
(4) Federal awards authorized under
the Child Care and Development Block
Grant Act of 1990, as amended:
(i) Child Care and Development Block
Grant (42 U.S.C. 9858).
(ii) Child Care Mandatory and Match-
ing Funds of the Child Care and Devel-
opment Fund (42 U.S.C. 9858).
(f) Additional program applicability.

Except for § 200.203, the guidance in
subpart C of this part does not apply to
the following programs:
(1) Entitlement Federal awards to
carry out the following programs of the
Social Security Act:
(i) Temporary Assistance for Needy
Families (title IV -A of the Social Secu-
rity Act, 42 U.S.C. 601-619);
(ii) Child Support Enforcement and
Establishment of Paternity (title IV -D
111

Page 1728 of 2805 ends

§ 200.102
of the Social Security Act, 42 U.S.C.
651-669b);
(iii) Foster Care and Adoption Assist-
ance (title IV -E of the Act, 42 U.S.C.
670-679c);
(iv) Aid to the Aged, Blind, and Dis-
abled (titles I, X, XIV, and XVI-AABD
of the Act, as amended);
(v) Medical Assistance (Medicaid)
(title XIX of the Act, 42 U.S.C. 1396-
1396w-5) not including the State Med-
icaid Fraud Control program author-
ized by section 1903(a)(6)(B) of the So-
cial Security Act (42 U.S.C.
1396b(a)(6)(B)); and
(vi) Children's Health Insurance Pro-
gram (title XXI of the Act, 42 U.S.C.
1397aa-1397mm).
(2) A Federal award for an experi-
mental, pilot, or demonstration project
that is also supported by a Federal
award listed in paragraph (f)(1) of this
section.
(3) Federal awards under subsection
412(e) of the Immigration and Nation-
ality 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 ben-
efits to refugees and entrants and the
administrative costs of providing the
assistance and benefits (8 U.S.C.
1522(e)).
(4) Entitlement awards under the fol-
lowing programs of The National
School Lunch Act:
(i) National School Lunch Program
(section 4 of the Act, 42 U.S.C. 1753);
(ii) Commodity Assistance (section 6
of the Act, 42 U.S.C. 1755);
(iii) Special Meal Assistance (section
11 of the Act, 42 U.S.C. 1759a);
(iv) Summer Food Service Program
for Children (section 13 of the Act, 42
U.S.C. 1761); and
(v) Child and Adult Care Food Pro-
gram (section 17 of the Act, 42 U.S.C.
1766).
(5) Entitlement awards under the fol-
lowing programs of The Child Nutri-
tion Act of 1966:
(i) Special Milk Program (section 3 of
the Act, 42 U.S.C. 1772);
(ii) School Breakfast Program (sec-
tion 4 of the Act, 42 U.S.C. 1773); and
(iii) State Administrative Expenses
(section 7 of the Act, 42 U.S.C. 1776).
2 CFR Ch. 11 (1-1-21 Edition)
(6) Entitlement awards for State Ad-
ministrative Expenses under The Food
and Nutrition Act of 2008 (section 16 of
the Act, 7 U.S.C. 2025).
(7) Non -discretionary Federal awards
under the following non -entitlement
programs:
(i) Special Supplemental Nutrition
Program for Women, Infants and Chil-
dren (section 17 of the Child Nutrition
Act of 1966) 42 U.S.C. 1786;
(ii) The Emergency Food Assistance
Programs (Emergency Food Assistance
Act of 1983) 7 U.S.C. 7501 note; and
(iii) Commodity Supplemental Food
Program (section 5 of the Agriculture
and Consumer Protection Act of 1973) 7
U.S.C. 612c note.
[85 FR 49536, Aug. 13, 2020]
§ 200.102 Exceptions.
(a) With the exception of subpart F of
this part, OMB may allow exceptions
for classes of Federal awards or non -
Federal entities subject to the require-
ments of this part when exceptions are
not prohibited by statute. In the inter-
est of maximum uniformity, exceptions
from the requirements of this part will
be permitted as described in this sec-
tion.
(b) Exceptions on a case -by -case basis
for individual non -Federal entities may
be authorized by the Federal awarding
agency or cognizant agency for indirect
costs, except where otherwise required
by law or where OMB or other approval
is expressly required by this part.
(c) The Federal awarding agency may
apply adjust requirements to a class of
Federal awards or non -Federal entities
when approved by OMB, or when re-
quired by Federal statutes or regula-
tions, except for the requirements in
subpart F of this part. A Federal
awarding agency may apply less re-
strictive requirements when making
fixed amount awards as defined in sub-
part A of this part, except for those re-
quirements imposed by statute or in
subpart F of this part.
(d) Federal awarding agencies may
request exceptions in support of inno-
vative program designs that apply a
risk -based, data -driven framework to
112

Page 1729 of 2805 ends

OMB Guidance
alleviate select compliance require-
ments and hold recipients accountable
for good performance. See also § 200.206.
[85 FR 49538, Aug. 13, 2020]
§ 200.103 Authorities.

This part is issued under the fol-
lowing authorities.
(a) Subparts B through D of this part
are authorized under 31 U.S.C. 503 (the
Chief Financial Officers Act, Functions
of the Deputy Director for Manage-
ment), 41 U.S.C. 1101-1131 (the Office of
Federal Procurement Policy Act), Re-
organization Plan No. 2 of 1970, and Ex-
ecutive Order 11541 ("Prescribing the
Duties of the Office of Management
and Budget and the Domestic Policy
Council in the Executive Office of the
President"), the Single Audit Act
Amendments of 1996, (31 U.S.C. 7501-
7507), as well as The Federal Program
Information Act (Pub. L. 95-220 and
Pub. L. 98-169, as amended, codified at
31 U.S.C. 6101-6106).
(b) Subpart E of this part is author-
ized under the Budget and Accounting
Act of 1921, as amended; the Budget
and Accounting Procedures Act of 1950,
as amended (31 U.S.C. 1101-1125); the
Chief Financial Officers Act of 1990 (31
U.S.C. 503-504); Reorganization Plan
No. 2 of 1970; and Executive Order 11541,
"Prescribing the Duties of the Office of
Management and Budget and the Do-
mestic Policy Council in the Executive
Office of the President."
(c) Subpart F of this part is author-
ized under the Single Audit Act
Amendments of 1996, (31 U.S.C. 7501-
7507).
[85 FR 49538, Aug. 13, 2020]
§ 200.104 Supersession.

As described in § 200.110, this part su-
persedes the following OMB guidance
documents and regulations under title
2 of the Code of Federal Regulations:
(a) A-21, "Cost Principles for Edu-
cational Institutions" (2 CFR part 220);
(b) A-87, "Cost Principles for State,
Local and Indian Tribal Governments"
(2 CFR part 225) and also FEDERAL REG-
ISTER notice 51 FR 552 (January 6, 1986);
(c) A-89, "Federal Domestic Assist-
ance Program Information";
§ 200.106
(d) A-102, "Grant Awards and Cooper-
ative Agreements with State and Local
Governments";
(e) A-110, "Uniform Administrative
Requirements for Awards and Other
Agreements with Institutions of Higher
Education, Hospitals, and Other Non-
profit Organizations" (codified at 2
CFR 215);
(f) A-122, "Cost Principles for Non -
Profit Organizations" (2 CFR part 230);
(g) A-133, "Audits of States, Local
Governments and Non -Profit Organiza-
tions"; and
(h) Those sections of A-50 related to
audits performed under subpart F of
this part.
[78 FR 78608, Dec. 26, 2013, as amended at 79
FR 75882, Dec. 19, 2014; 85 FR 49538, Aug. 13,
2020]
§ 200.105 Effect on other issuances.
(a) Superseding inconsistent require-
ments. For Federal awards subject to
this part, all administrative require-
ments, program manuals, handbooks
and other non -regulatory materials
that are inconsistent with the require-
ments of this part must be superseded
upon implementation of this part by
the Federal agency, except to the ex-
tent they are required by statute or au-
thorized in accordance with the provi-
sions in § 200.102.
(b) Imposition of requirements on recipi-
ents. Agencies may impose legally
binding requirements on recipients
only through the notice and public
comment process through an approved
agency process, including as authorized
by this part, other statutes or regula-
tions, or as incorporated into the terms
of a Federal award.
[85 FR 49538, Aug. 13, 2020]
§ 200.106 Agency implementation.

The specific requirements and re-
sponsibilities of Federal agencies and
non -Federal entities are set forth in
this part. Federal agencies making
Federal awards to non -Federal entities
must implement the language in sub-
parts C through F of this part in codi-
fied regulations unless different provi-
sions are required by Federal statute
or are approved by OMB.
[85 FR 49538, Aug. 13, 2020]
113

Page 1730 of 2805 ends

§ 200.107
§ 200.107 OMB responsibilities.

OMB will review Federal agency reg-
ulations and implementation of this
part, and will provide interpretations
of policy requirements and assistance
to ensure effective and efficient imple-
mentation. Any exceptions will be sub-
ject to approval by OMB. Exceptions
will only be made in particular cases
where adequate justification is pre-
sented.
§ 200.108 Inquiries.

Inquiries concerning this part may be
directed to the Office of Federal Finan-
cial Management Office of Manage-
ment and Budget, in Washington, DC.

Non -Federal entities' inquiries should
be addressed to the Federal awarding
agency, cognizant agency for indirect
costs, cognizant or oversight agency
for audit, or pass -through entity as ap-
propriate.
§ 200.109 Review date.

OMB will review this part at least
every five years after December 26,
2013.
§ 200.110 Effective/applicability date.
(a) The standards set forth in this
part that affect the administration of
Federal awards issued by Federal
awarding agencies become effective
once implemented by Federal awarding
agencies or when any future amend-
ment to this part becomes final.
(b) Existing negotiated indirect cost
rates (as of the publication date of the
revisions to the guidance) will remain
in place until they expire. The effective
date of changes to indirect cost rates
must be based upon the date that a
newly re -negotiated rate goes into ef-
fect for a specific non -Federal entity's
fiscal year. Therefore, for indirect cost
rates and cost allocation plans, the re-
vised Uniform Guidance (as of the pub-
lication date for revisions to the guid-
ance) become effective in generating
proposals and negotiating a new rate
(when the rate is re -negotiated).
[85 FR 49538, Aug. 13, 2020]
§ 200.111 English language.
(a) All Federal financial assistance
announcements and Federal award in-
formation must be in the English lan-
2 CFR Ch. 11 (1-1-21 Edition)
guage. Applications must be submitted
in the English language and must be in
the terms of U.S. dollars. If the Federal
awarding agency receives applications
in another currency, the Federal
awarding agency will evaluate the ap-
plication by converting the foreign cur-
rency to United States currency using
the date specified for receipt of the ap-
plication.
(b) Non -Federal entities may trans-
late the Federal award and other docu-
ments into another language. In the
event of inconsistency between any
terms and conditions of the Federal
award and any translation into another
language, the English language mean-
ing will control. Where a significant
portion of the non -Federal entity's em-
ployees who are working on the Fed-
eral award are not fluent in English,
the non -Federal entity must provide
the Federal award in English and the
language(s) with which employees are
more familiar.
§ 200.112 Conflict of interest.

The Federal awarding agency must
establish conflict of interest policies
for Federal awards. The non -Federal
entity must disclose in writing any po-
tential conflict of interest to the Fed-
eral awarding agency or pass -through
entity in accordance with applicable
Federal awarding agency policy.
§ 200.113 Mandatory disclosures.

The non -Federal entity or applicant
for a Federal award must disclose, in a
timely manner, in writing to the Fed-
eral awarding agency or pass -through
entity all violations of Federal crimi-
nal law involving fraud, bribery, or
gratuity violations potentially affect-
ing the Federal award. Non -Federal en-
tities that have received a Federal
award including the term and condi-
tion outlined in appendix XII to this
part are required to report certain
civil, criminal, or administrative pro-
ceedings to SAM (currently FAPIIS).

Failure to make required disclosures
can result in any of the remedies de-
scribed in §200.339. (See also 2 CFR part
180, 31 U.S.C. 3321, and 41 U.S.C. 2313.)
[85 FR 49539, Aug. 13, 2020]
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OMB Guidance
Subpart C —Pre -Federal Award
Requirements and Contents of
Federal Awards
SOURCE: 85 FR 49539, Aug. 13, 2020, unless
otherwise noted.
§ 200.200 Purpose.

Sections 200.201 through 200.216 pre-
scribe instructions and other pre -award
matters to be used by Federal awarding
agencies in the program planning, an-
nouncement, application and award
processes.
§ 200.201 Use of grant agreements (in-
cluding fixed amount awards), co-
operative agreements, and con-
tracts.
(a) Federal award instrument. The Fed-
eral awarding agency or pass -through
entity must decide on the appropriate
instrument for the Federal award (i.e.,
grant agreement, cooperative agree-
ment, or contract) in accordance with
the Federal Grant and Cooperative
Agreement Act (31 U.S.C. 6301-08).
(b) Fixed amount awards. In addition
to the options described in paragraph
(a) of this section, Federal awarding
agencies, or pass -through entities as
permitted in § 200.333, may use fixed
amount awards (see Fixed amount
awards in §200.1) to which the following
conditions apply:
(1) The Federal award amount is ne-
gotiated using the cost principles (or
other pricing information) as a guide.

The Federal awarding agency or pass -
through entity may use fixed amount
awards if the project scope has measur-
able goals and objectives and if ade-
quate cost, historical, or unit pricing
data is available to establish a fixed
amount award based on a reasonable
estimate of actual cost. Payments are
based on meeting specific requirements
of the Federal award. Accountability is
based on performance and results. Ex-
cept in the case of termination before
completion of the Federal award, there
is no governmental review of the ac-
tual costs incurred by the non -Federal
entity in performance of the award.

Some of the ways in which the Federal
award may be paid include, but are not
limited to:
(i) In several partial payments, the
amount of each agreed upon in ad-
§ 200.202
vance, and the "milestone" or event
triggering the payment also agreed
upon in advance, and set forth in the
Federal award;
(ii) On a unit price basis, for a de-
fined unit or units, at a defined price or
prices, agreed to in advance of perform-
ance of the Federal award and set forth
in the Federal award; or,
(iii) In one payment at Federal award
completion.
(2) A fixed amount award cannot be
used in programs which require manda-
tory cost sharing or match.
(3) The non -Federal entity must cer-
tify in writing to the Federal awarding
agency or pass -through entity at the
end of the Federal award that the
project or activity was completed or
the level of effort was expended. If the
required level of activity or effort was
not carried out, the amount of the Fed-
eral award must be adjusted.
(4) Periodic reports may be estab-
lished for each Federal award.
(5) Changes in principal investigator,
project leader, project partner, or scope
of effort must receive the prior written
approval of the Federal awarding agen-
cy or pass -through entity.
§ 200.202 Program planning and de-
sign.

The Federal awarding agency must
design a program and create an Assist-
ance Listing before announcing the No-
tice of Funding Opportunity. The pro-
gram must be designed with clear goals
and objectives that facilitate the deliv-
ery of meaningful results consistent
with the Federal authorizing legisla-
tion of the program. Program perform-
ance shall be measured based on the
goals and objectives developed during
program planning and design. See
§200.301 for more information on per-
formance measurement. Performance
measures may differ depending on the
type of program. The program must
align with the strategic goals and ob-
jectives within the Federal awarding
agency's performance plan and should
support the Federal awarding agency's
performance measurement, manage-
ment, and reporting as required by
Part 6 of OMB Circular A-11 (Prepara-
tion, Submission, and Execution of the
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§ 200.203
Budget). The program must also be de-
signed to align with the Program Man-
agement Improvement Accountability
Act (Pub. L. 114-264).
§ 200.203 Requirement to provide pub-
lic notice of Federal financial as-
sistance programs.
(a) The Federal awarding agency
must notify the public of Federal pro-
grams in the Federal Assistance List-
ings maintained by the General Serv-
ices Administration (GSA).
(1) The Federal Assistance Listings is
the single, authoritative, government -
wide comprehensive source of Federal
financial assistance program informa-
tion produced by the executive branch
of the Federal Government.
(2) The information that the Federal
awarding agency must submit to GSA
for approval by OMB is listed in para-
graph (b) of this section. GSA must
prescribe the format for the submission
in coordination with OMB.
(3) The Federal awarding agency may
not award Federal financial assistance
without assigning it to a program that
has been included in the Federal As-
sistance Listings as required in this
section unless there are exigent cir-
cumstances requiring otherwise, such
as timing requirements imposed by
statute.
(b) For each program that awards
discretionary Federal awards, non -dis-
cretionary Federal awards, loans, in-
surance, or any other type of Federal
financial assistance, the Federal
awarding agency must, to the extent
practicable, create, update, and man-
age Assistance Listings entries based
on the authorizing statute for the pro-
gram and comply with additional guid-
ance provided by GSA in consultation
with OMB to ensure consistent, accu-
rate information is available to pro-
spective applicants. Accordingly, Fed-
eral awarding agencies must submit
the following information to GSA:
(1) Program Description, Purpose,
Goals, and Measurement. A brief sum-
mary of the statutory or regulatory re-
quirements of the program and its in-
tended outcome. Where appropriate,
the Program Description, Purpose,
Goals, and Measurement should align
with the strategic goals and objectives
within the Federal awarding agency's
2 CFR Ch. 11 (1-1-21 Edition)
performance plan and should support
the Federal awarding agency's per-
formance measurement, management,
and reporting as required by Part 6 of
OMB Circular A-11;
(2) Identification. Identification of
whether the program makes Federal
awards on a discretionary basis or the
Federal awards are prescribed by Fed-
eral statute, such as in the case of for-
mula grants.
(3) Projected total amount of funds
available for the program. Estimates
based on previous year funding are ac-
ceptable if current appropriations are
not available at the time of the sub-
mission;
(4) Anticipated source of available
funds. The statutory authority for
funding the program and, to the extent
possible, agency, sub -agency, or, if
known, the specific program unit that
will issue the Federal awards, and asso-
ciated funding identifier (e.g., Treasury
Account Symbol(s));
(5) General eligibility requirements. The
statutory, regulatory or other eligi-
bility factors or considerations that de-
termine the applicant's qualification
for Federal awards under the program
(e.g., type of non -Federal entity); and
(6) Applicability of Single Audit Re-
quirements. Applicability of Single
Audit Requirements as required by
subpart F of this part.
§ 200.204 Notices of funding opportuni-
ties.

For discretionary grants and cooper-
ative agreements that are competed,
the Federal awarding agency must an-
nounce specific funding opportunities
by providing the following information
in a public notice:
(a) Summary information in notices of
funding opportunities. The Federal
awarding agency must display the fol-
lowing information posted on the OMB -
designated governmentwide website for
funding and applying for Federal finan-
cial assistance, in a location preceding
the full text of the announcement:
(1) Federal Awarding Agency Name;
(2) Funding Opportunity Title;
(3) Announcement Type (whether the
funding opportunity is the initial an-
nouncement of this funding oppor-
tunity or a modification of a pre-
viously announced opportunity);
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OMB Guidance
(4) Funding Opportunity Number (re-
quired, if applicable). If the Federal
awarding agency has assigned or will
assign a number to the funding oppor-
tunity announcement, this number
must be provided;
(5) Assistance Listings Number(s);
(6) Key Dates. Key dates include due
dates for applications or Executive
Order 12372 submissions, as well as for
any letters of intent or pre -applica-
tions. For any announcement issued
before a program's application mate-
rials are available, key dates also in-
clude the date on which those mate-
rials will be released; and any other ad-
ditional information, as deemed appli-
cable by the relevant Federal awarding
agency.
(b) Availability period. The Federal
awarding agency must generally make
all funding opportunities available for
application for at least 60 calendar
days. The Federal awarding agency
may make a determination to have a
less than 60 calendar day availability
period but no funding opportunity
should be available for less than 30 cal-
endar days unless exigent cir-
cumstances require as determined by
the Federal awarding agency head or
delegate.
(c) Full text of funding opportunities.

The Federal awarding agency must in-
clude the following information in the
full text of each funding opportunity.

For specific instructions on the con-
tent required in this section, refer to
appendix I to this part.
(1) Full programmatic description of
the funding opportunity.
(2) Federal award information, in-
cluding sufficient information to help
an applicant make an informed deci-
sion about whether to submit an appli-
cation. (See also §200.414(c)(4)).
(3) Specific eligibility information,
including any factors or priorities that
affect an applicant's or its applica-
tion's eligibility for selection.
(4) Application Preparation and Sub-
mission Information, including the ap-
plicable submission dates and time.
(5) Application Review Information
including the criteria and process to be
used to evaluate applications. See also
§§200.205 and 200.206.
(6) Federal Award Administration In-
formation. See also § 200.211.
§ 200.206
(7) Applicable terms and conditions
for resulting awards, including any ex-
ceptions from these standard terms.
§ 200.205 Federal awarding agency re-
view of merit of proposals.

For discretionary Federal awards,
unless prohibited by Federal statute,
the Federal awarding agency must de-
sign and execute a merit review process
for applications, with the objective of
selecting recipients most likely to be
successful in delivering results based
on the program objectives outlined in
section § 200.202. A merit review is an
objective process of evaluating Federal
award applications in accordance with
written standards set forth by the Fed-
eral awarding agency. This process
must be described or incorporated by
reference in the applicable funding op-
portunity (see appendix I to this part.).

See also §200.204. The Federal awarding
agency must also periodically review
its merit review process.
§ 200.206 Federal awarding agency re-
view of risk posed by applicants.
(a) Review of OMB -designated reposi-
tories of governmentwide data. (1) Prior
to making a Federal award, the Fed-
eral awarding agency is required by the
Improper Payments Elimination and
Recovery Improvement Act of 2012, 31
U.S.C. 3321 note, and 41 U.S.C. 2313 to
review information available through
any OMB -designated repositories of
governmentwide eligibility qualifica-
tion or financial integrity information
as appropriate. See also suspension and
debarment requirements at 2 CFR part
180 as well as individual Federal agency
suspension and debarment regulations
in title 2 of the Code of Federal Regula-
tions.
(2) In accordance 41 U.S.C. 2313, the
Federal awarding agency is required to
review the non-public segment of the
OMB -designated integrity and perform-
ance system accessible through SAM
(currently the Federal Awardee Per-
formance and Integrity Information
System (FAPIIS)) prior to making a
Federal award where the Federal share
is expected to exceed the simplified ac-
quisition threshold, defined in 41 U.S.C.
134, over the period of performance. As
required by Public Law 112-239, Na-
tional Defense Authorization Act for
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§ 200.207
Fiscal Year 2013, prior to making a
Federal award, the Federal awarding
agency must consider all of the infor-
mation available through FAPIIS with
regard to the applicant and any imme-
diate highest level owner, predecessor
(i.e.; a non -Federal entity that is re-
placed by a successor), or subsidiary,
identified for that applicant in FAPIIS,
if applicable. At a minimum, the infor-
mation in the system for a prior Fed-
eral award recipient must demonstrate
a satisfactory record of executing pro-
grams or activities under Federal
grants, cooperative agreements, or pro-
curement awards; and integrity and
business ethics. The Federal awarding
agency may make a Federal award to a
recipient who does not fully meet these
standards, if it is determined that the
information is not relevant to the cur-
rent Federal award under consideration
or there are specific conditions that
can appropriately mitigate the effects
of the non -Federal entity's risk in ac-
cordance with § 200.208.
(b) Risk evaluation. (1) The Federal
awarding agency must have in place a
framework for evaluating the risks
posed by applicants before they receive
Federal awards. This evaluation may
incorporate results of the evaluation of
the applicant's eligibility or the qual-
ity of its application. If the Federal
awarding agency determines that a
Federal award will be made, special
conditions that correspond to the de-
gree of risk assessed may be applied to
the Federal award. Criteria to be evalu-
ated must be described in the an-
nouncement of funding opportunity de-
scribed in § 200.204.
(2) In evaluating risks posed by appli-
cants, the Federal awarding agency
may use a risk -based approach and
may consider any items such as the fol-
lowing:
(i) Financial stability. Financial sta-
bility;
(ii) Management systems and stand-
ards. Quality of management systems
and ability to meet the management
standards prescribed in this part;
(iii) History of performance. The appli-
cant's record in managing Federal
awards, if it is a prior recipient of Fed-
eral awards, including timeliness of
compliance with applicable reporting
requirements, conformance to the
2 CFR Ch. 11 (1-1-21 Edition)
terms and conditions of previous Fed-
eral awards, and if applicable, the ex-
tent to which any previously awarded
amounts will be expended prior to fu-
ture awards;
(iv) Audit reports and findings. Re-
ports and findings from audits per-
formed under subpart F of this part or
the reports and findings of any other
available audits; and
(v) Ability to effectively implement re-
quirements. The applicant's ability to
effectively implement statutory, regu-
latory, or other requirements imposed
on non -Federal entities.
(c) Risk -based requirements adjustment.

The Federal awarding agency may ad-
just requirements when a risk -evalua-
tion indicates that it may be merited
either pre -award or post -award.
(d) Suspension and debarment compli-
ance. (1) The Federal awarding agency
must comply with the guidelines on
governmentwide suspension and debar-
ment in 2 CFR part 180, and must re-
quire non -Federal entities to comply
with these provisions. These provisions
restrict Federal awards, subawards and
contracts with certain parties that are
debarred, suspended or otherwise ex-
cluded from or ineligible for participa-
tion in Federal programs or activities.
§ 200.207 Standard application re-
quirements.
(a) Paperwork clearances. The Federal
awarding agency may only use applica-
tion information collections approved
by OMB under the Paperwork Reduc-
tion Act of 1995 and OMB's imple-
menting regulations in 5 CFR part 1320
and in alignment with OMB -approved,
governmentwide data elements avail-
able from the OMB -designated stand-
ards lead. Consistent with these re-
quirements, OMB will authorize addi-
tional information collections only on
a limited basis.
(b) Information collection. If applica-
ble, the Federal awarding agency may
inform applicants and recipients that
they do not need to provide certain in-
formation otherwise required by the
relevant information collection.
§ 200.208 Specific conditions.
(a) Federal awarding agencies are re-
sponsible for ensuring that specific
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OMB Guidance
Federal award conditions are con-
sistent with the program design re-
flected in § 200.202 and include clear
performance expectations of recipients
as required in § 200.301.
(b) The Federal awarding agency or
pass -through entity may adjust spe-
cific Federal award conditions as need-
ed, in accordance with this section,
based on an analysis of the following
factors:
(1) Based on the criteria set forth in
§200.206;
(2) The applicant or recipient's his-
tory of compliance with the general or
specific terms and conditions of a Fed-
eral award;
(3) The applicant or recipient's abil-
ity to meet expected performance goals
as described in § 200.211; or
(4) A responsibility determination of
an applicant or recipient.
(c) Additional Federal award condi-
tions may include items such as the
following:
(1) Requiring payments as reimburse-
ments rather than advance payments;
(2) Withholding authority to proceed
to the next phase until receipt of evi-
dence of acceptable performance within
a given performance period;
(3) Requiring additional, more de-
tailed financial reports;
(4) Requiring additional project mon-
itoring;
(5) Requiring the non -Federal entity
to obtain technical or management as-
sistance; or
(6) Establishing additional prior ap-
provals.
(d) If the Federal awarding agency or
pass -through entity is imposing addi-
tional requirements, they must notify
the applicant or non -Federal entity as
to:
(1) The nature of the additional re-
quirements;
(2) The reason why the additional re-
quirements are being imposed;
(3) The nature of the action needed to
remove the additional requirement, if
applicable;
(4) The time allowed for completing
the actions if applicable; and
(5) The method for requesting recon-
sideration of the additional require-
ments imposed.
(e) Any additional requirements must
be promptly removed once the condi-
§ 200.211
tions that prompted them have been
satisfied.
§ 200.209 Certifications and represen-
tations.

Unless prohibited by the U.S. Con-
stitution, Federal statutes or regula-
tions, each Federal awarding agency or
pass -through entity is authorized to re-
quire the non -Federal entity to submit
certifications and representations re-
quired by Federal statutes, or regula-
tions on an annual basis. Submission
may be required more frequently if the
non -Federal entity fails to meet a re-
quirement of a Federal award.
§ 200.210 Pre -award costs.

For requirements on costs incurred
by the applicant prior to the start date
of the period of performance of the
Federal award, see § 200.458.
§ 200.211 Information contained in a
Federal award.

A Federal award must include the
following information:
(a) Federal award performance goals.

Performance goals, indicators, targets,
and baseline data must be included in
the Federal award, where applicable.

The Federal awarding agency must
also specify how performance will be
assessed in the terms and conditions of
the Federal award, including the tim-
ing and scope of expected performance.

See §§200.202 and 200.301 for more infor-
mation on Federal award performance
goals.
(b) General Federal award information.

The Federal awarding agency must in-
clude the following general Federal
award information in each Federal
award:
(1) Recipient name (which must
match the name associated with its
unique entity identifier as defined at 2
CFR 25.315);
(2) Recipient's unique entity identi-
fier;
(3) Unique Federal Award Identifica-
tion Number (FAIN);
(4) Federal Award Date (see Federal
award date in § 200.201);
(5) Period of Performance Start and
End Date;
(6) Budget Period Start and End
Date;
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§ 200.212
(7) Amount of Federal Funds Obli-
gated by this action;
(8) Total Amount of Federal Funds
Obligated;
(9) Total Approved Cost Sharing or
Matching, where applicable;
(10) Total Amount of the Federal
Award including approved Cost Sharing
or Matching;
(11) Budget Approved by the Federal
Awarding Agency;
(11) Federal award description, (to
comply with statutory requirements
(e.g., FFATA));
(12) Name of Federal awarding agen-
cy and contact information for award-
ing official,
(13) Assistance Listings Number and
Title;
(14) Identification of whether the
award is R&D; and
(15) Indirect cost rate for the Federal
award (including if the de minimis rate
is charged per § 200.414).
(c) General terms and conditions. (1)
Federal awarding agencies must incor-
porate the following general terms and
conditions either in the Federal award
or by reference, as applicable:
(i) Administrative requirements. Admin-
istrative requirements implemented by
the Federal awarding agency as speci-
fied in this part.
(ii) National policy requirements. These
include statutory, executive order,
other Presidential directive, or regu-
latory requirements that apply by spe-
cific reference and are not program -
specific. See § 200.300 Statutory and na-
tional policy requirements.
(iii) Recipient integrity and perform-
ance matters. If the total Federal share
of the Federal award may include more
than $500,000 over the period of per-
formance, the Federal awarding agency
must include the term and condition
available in appendix XII of this part.

See also §200.113.
(iv) Future budget periods. If it is an-
ticipated that the period of perform-
ance will include multiple budget peri-
ods, the Federal awarding agency must
indicate that subsequent budget peri-
ods are subject to the availability of
funds, program authority, satisfactory
performance, and compliance with the
terms and conditions of the Federal
award.
2 CFR Ch. 11 (1-1-21 Edition)
(v) Termination provisions. Federal
awarding agencies must make recipi-
ents aware, in a clear and unambiguous
manner, of the termination provisions
in § 200.340, including the applicable
termination provisions in the Federal
awarding agency's regulations or in
each Federal award.
(2) The Federal award must incor-
porate, by reference, all general terms
and conditions of the award, which
must be maintained on the agency's
website.
(3) If a non -Federal entity requests a
copy of the full text of the general
terms and conditions, the Federal
awarding agency must provide it.
(4) Wherever the general terms and
conditions are publicly available, the
Federal awarding agency must main-
tain an archive of previous versions of
the general terms and conditions, with
effective dates, for use by the non -Fed-
eral entity, auditors, or others.
(d) Federal awarding agency, program,
or Federal award specific terms and con-
ditions. The Federal awarding agency
must include with each Federal award
any terms and conditions necessary to
communicate requirements that are in
addition to the requirements outlined
in the Federal awarding agency's gen-
eral terms and conditions. See also
§ 200.208. Whenever practicable, these
specific terms and conditions also
should be shared on the agency's
website and in notices of funding op-
portunities (as outlined in § 200.204) in
addition to being included in a Federal
award. See also § 200.207.
(e) Federal awarding agency require-
ments. Any other information required
by the Federal awarding agency.
§ 200.212 Public access to Federal
award information.
(a) In accordance with statutory re-
quirements for Federal spending trans-
parency (e.g., FFATA), except as noted
in this section, for applicable Federal
awards the Federal awarding agency
must announce all Federal awards pub-
licly and publish the required informa-
tion on a publicly available OMB -des-
ignated governmentwide website.
(b) All information posted in the des-
ignated integrity and performance sys-
tem accessible through SAM (currently
FAPIIS) on or after April 15, 2011 will
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OMB Guidance
be publicly available after a waiting
period of 14 calendar days, except for:
(1) Past performance reviews required
by Federal Government contractors in
accordance with the Federal Acquisi-
tion Regulation (FAR) 48 CFR part 42,
subpart 42.15;
(2) Information that was entered
prior to April 15, 2011; or
(3) Information that is withdrawn
during the 14 -calendar day waiting pe-
riod by the Federal Government offi-
cial.
(c) Nothing in this section may be
construed as requiring the publication
of information otherwise exempt under
the Freedom of Information Act (5
U.S.0 552), or controlled unclassified
information pursuant to Executive
Order 13556.
§ 200.213 Reporting a determination
that a non -Federal entity is not
qualified for a Federal award.
(a) If a Federal awarding agency does
not make a Federal award to a non -
Federal entity because the official de-
termines that the non -Federal entity
does not meet either or both of the
minimum qualification standards as
described in §200.206(a)(2), the Federal
awarding agency must report that de-
termination to the designated integ-
rity and performance system accessible
through SAM (currently FAPIIS), only
if all of the following apply:
(1) The only basis for the determina-
tion described in this paragraph (a) is
the non -Federal entity's prior record of
executing programs or activities under
Federal awards or its record of integ-
rity and business ethics, as described in
§200.206(a)(2) (i.e., the entity was deter-
mined to be qualified based on all fac-
tors other than those two standards);
and
(2) The total Federal share of the
Federal award that otherwise would be
made to the non -Federal entity is ex-
pected to exceed the simplified acquisi-
tion threshold over the period of per-
formance.
(b) The Federal awarding agency is
not required to report a determination
that a non -Federal entity is not quali-
fied for a Federal award if they make
the Federal award to the non -Federal
entity and include specific award terms
and conditions, as described in § 200.208.
§ 200.213
(c) If a Federal awarding agency re-
ports a determination that a non -Fed-
eral entity is not qualified for a Fed-
eral award, as described in paragraph
(a) of this section, the Federal award-
ing agency also must notify the non -
Federal entity that —
(1) The determination was made and
reported to the designated integrity
and performance system accessible
through SAM, and include with the no-
tification an explanation of the basis
for the determination;
(2) The information will be kept in
the system for a period of five years
from the date of the determination, as
required by section 872 of Public Law
110-417, as amended (41 U.S.C. 2313),
then archived;
(3) Each Federal awarding agency
that considers making a Federal award
to the non -Federal entity during that
five year period must consider that in-
formation in judging whether the non -
Federal entity is qualified to receive
the Federal award when the total Fed-
eral share of the Federal award is ex-
pected to include an amount of Federal
funding in excess of the simplified ac-
quisition threshold over the period of
performance;
(4) The non -Federal entity may go to
the awardee integrity and performance
portal accessible through SAM (cur-
rently the Contractor Performance As-
sessment Reporting System (CPARS))
and comment on any information the
system contains about the non -Federal
entity itself; and
(5) Federal awarding agencies will
consider that non -Federal entity's
comments in determining whether the
non -Federal entity is qualified for a fu-
ture Federal award.
(d) If a Federal awarding agency en-
ters information into the designated
integrity and performance system ac-
cessible through SAM about a deter-
mination that a non -Federal entity is
not qualified for a Federal award and
subsequently:
(1) Learns that any of that informa-
tion is erroneous, the Federal awarding
agency must correct the information in
the system within three business days;
and
(2) Obtains an update to that infor-
mation that could be helpful to other
Federal awarding agencies, the Federal
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§ 200.214
awarding agency is strongly encour-
aged to amend the information in the
system to incorporate the update in a
timely way.
(e) Federal awarding agencies must
not post any information that will be
made publicly available in the non-
public segment of designated integrity
and performance system that is cov-
ered by a disclosure exemption under
the Freedom of Information Act. If the
recipient asserts within seven calendar
days to the Federal awarding agency
that posted the information that some
or all of the information made publicly
available is covered by a disclosure ex-
emption under the Freedom of Infor-
mation Act, the Federal awarding
agency that posted the information
must remove the posting within seven
calendar days of receiving the asser-
tion. Prior to reposting the releasable
information, the Federal awarding
agency must resolve the issue in ac-
cordance with the agency's Freedom of
Information Act procedures.
§ 200.214 Suspension and debarment.

Non -Federal entities are subject to
the non -procurement debarment and
suspension regulations implementing
Executive Orders 12549 and 12689, 2 CFR
part 180. The regulations in 2 CFR part
180 restrict awards, subawards, and
contracts with certain parties that are
debarred, suspended, or otherwise ex-
cluded from or ineligible for participa-
tion in Federal assistance programs or
activities.
§ 200.215 Never contract with the
enemy.

Federal awarding agencies and re-
cipients are subject to the regulations
implementing Never Contract with the
Enemy in 2 CFR part 183. The regula-
tions in 2 CFR part 183 affect covered
contracts, grants and cooperative
agreements that are expected to exceed
$50,000 within the period of perform-
ance, 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.
2 CFR Ch. 11 (1-1-21 Edition)
§ 200.216 Prohibition on certain tele-
communications and video surveil-
lance services or equipment.
(a) Recipients and subrecipients are
prohibited from obligating or expend-
ing loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to pro-
cure or obtain; or
(3) Enter into a contract (or extend
or renew a contract) to procure or ob-
tain equipment, services, or systems
that uses covered telecommunications
equipment or services as a substantial
or essential component of any system,
or as critical technology as part of any
system. As described in Public Law
115-232, section 889, covered tele-
communications equipment is tele-
communications equipment produced
by Huawei Technologies Company or
ZTE Corporation (or any subsidiary or
affiliate of such entities).
(i) For the purpose of public safety,
security of government facilities, phys-
ical security surveillance of critical in-
frastructure, and other national secu-
rity purposes, video surveillance and
telecommunications equipment pro-
duced by Hytera Communications Cor-
poration, Hangzhou Hikvision Digital
Technology Company, or Dahua Tech-
nology Company (or any subsidiary or
affiliate of such entities).
(ii) Telecommunications or video sur-
veillance services provided by such en-
tities or using such equipment.
(iii) Telecommunications or video
surveillance equipment or services pro-
duced or provided by an entity that the
Secretary of Defense, in consultation
with the Director of the National Intel-
ligence or the Director of the Federal
Bureau of Investigation, reasonably be-
lieves to be an entity owned or con-
trolled by, or otherwise connected to,
the government of a covered foreign
country.
(b) In implementing the prohibition
under Public Law 115-232, section 889,
subsection (f), paragraph (1), heads of
executive agencies administering loan,
grant, or subsidy programs shall
prioritize available funding and tech-
nical support to assist affected busi-
nesses, institutions and organizations
as is reasonably necessary for those af-
fected entities to transition from cov-
ered communications equipment and
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OMB Guidance
services, to procure replacement equip-
ment and services, and to ensure that
communications service to users and
customers is sustained.
(c) See Public Law 115-232, section 889
for additional information.
(d) See also §200.471.

Subpart D —Post Federal Award
Requirements
SOURCE: 85 FR 49543, Aug. 13, 2020, unless
otherwise noted.
§ 200.300 Statutory and national policy
requirements.
(a) The Federal awarding agency
must manage and administer the Fed-
eral 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. Con-
stitution, Federal Law, and public pol-
icy requirements: Including, but not
limited to, those protecting free
speech, religious liberty, public wel-
fare, the environment, and prohibiting
discrimination. The Federal awarding
agency must communicate to the non -
Federal entity all relevant public pol-
icy requirements, including those in
general appropriations provisions, and
incorporate them either directly or by
reference in the terms and conditions
of the Federal award.
(b) The non -Federal entity is respon-
sible for complying with all require-
ments of the Federal award. For all
Federal awards, this includes the provi-
sions of FFATA, which includes re-
quirements on executive compensation,
and also requirements implementing
the Act for the non -Federal entity at 2
CFR parts 25 and 170. See also statu-
tory requirements for whistleblower
protections at 10 U.S.C. 2409, 41 U.S.C.
4712, and 10 U.S.C. 2324, 41 U.S.C. 4304
and 4310.
§ 200.301 Performance measurement.
(a) The Federal awarding agency
must measure the recipient's perform-
ance to show achievement of program
goals and objectives, share lessons
learned, improve program outcomes,
and foster adoption of promising prac-
tices. Program goals and objectives
should be derived from program plan-
ning and design. See § 200.202 for more
§ 200.301
information. Where appropriate, the
Federal award may include specific
program goals, indicators, targets,
baseline data, data collection, or ex-
pected outcomes (such as outputs, or
services performance or public impacts
of any of these) with an expected
timeline for accomplishment. Where
applicable, this should also include any
performance measures or independent
sources of data that may be used to
measure progress. The Federal award-
ing agency will determine how per-
formance progress is measured, which
may differ by program. Performance
measurement progress must be both
measured and reported. See § 200.329 for
more information on monitoring pro-
gram performance. The Federal award-
ing agency may include program -spe-
cific requirements, as applicable. These
requirements must be aligned, to the
extent permitted by law, with the Fed-
eral awarding agency strategic goals,
strategic objectives or performance
goals that are relevant to the program.

See also OMB Circular A-11, Prepara-
tion, Submission, and Execution of the
Budget Part 6.
(b) The Federal awarding agency
should provide recipients with clear
performance goals, indicators, targets,
and baseline data as described in
§ 200.211. Performance reporting fre-
quency and content should be estab-
lished to not only allow the Federal
awarding agency to understand the re-
cipient progress but also to facilitate
identification of promising practices
among recipients and build the evi-
dence upon which the Federal awarding
agency's program and performance de-
cisions are made. See § 200.328 for more
information on reporting program per-
formance.
(c) This provision is designed to oper-
ate in tandem with evidence -related
statutes (e.g.; The Foundations for Evi-
dence -Based Policymaking Act of 2018,
which emphasizes collaboration and co-
ordination to advance data and evi-
dence -building functions in the Federal
government). The Federal awarding
agency should also specify any require-
ments of award recipients' participa-
tion in a federally funded evaluation,
and any evaluation activities required
to be conducted by the Federal award.
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§ 200.302
§ 200.302 Financial management.
(a) Each state must expend and ac-
count for the Federal award in accord-
ance with state laws and procedures for
expending and accounting for the
state's own funds. In addition, the
state's and the other non -Federal enti-
ty's financial management systems, in-
cluding records documenting compli-
ance with Federal statutes, regula-
tions, and the terms and conditions of
the Federal award, must be sufficient
to permit the preparation of reports re-
quired by general and program -specific
terms and conditions; and the tracing
of funds to a level of expenditures ade-
quate to establish that such funds have
been used according to the Federal
statutes, regulations, and the terms
and conditions of the Federal award.

See also §200.450.
(b) The financial management sys-
tem of each non -Federal entity must
provide for the following (see also
§§200.334, 200.335, 200.336, and 200.337):
(1) Identification, in its accounts, of
all Federal awards received and ex-
pended and the Federal programs under
which they were received. Federal pro-
gram and Federal award identification
must include, as applicable, the Assist-
ance Listings title and number, Fed-
eral award identification number and
year, name of the Federal agency, and
name of the pass -through entity, if
any.
(2) Accurate, current, and complete
disclosure of the financial results of
each Federal award or program in ac-
cordance with the reporting require-
ments set forth in H200.328 and 200.329.

If a Federal awarding agency requires
reporting on an accrual basis from a re-
cipient that maintains its records on
other than an accrual basis, the recipi-
ent must not be required to establish
an accrual accounting system. This re-
cipient may develop accrual data for
its reports on the basis of an analysis
of the documentation on hand. Simi-
larly, a pass -through entity must not
require a subrecipient to establish an
accrual accounting system and must
allow the subrecipient to develop ac-
crual data for its reports on the basis
of an analysis of the documentation on
hand.
(3) Records that identify adequately
the source and application of funds for
2 CFR Ch. 11 (1-1-21 Edition)
federally -funded activities. These
records must contain information per-
taining to Federal awards, authoriza-
tions, financial obligations, unobli-
gated balances, assets, expenditures,
income and interest and be supported
by source documentation.
(4) Effective control over, and ac-
countability for, all funds, property,
and other assets. The non -Federal enti-
ty must adequately safeguard all assets
and assure that they are used solely for
authorized purposes. See §200.303.
(5) Comparison of expenditures with
budget amounts for each Federal
award.
(6) Written procedures to implement
the requirements of § 200.305.
(7) Written procedures for deter-
mining the allowability of costs in ac-
cordance with subpart E of this part
and the terms and conditions of the
Federal award.
§ 200.303 Internal controls.

The non -Federal entity must:
(a) Establish and maintain effective
internal control over the Federal
award that provides reasonable assur-
ance that the non -Federal entity is
managing the Federal award in compli-
ance with Federal statutes, regula-
tions, and the terms and conditions of
the Federal award. These internal con-
trols should be in compliance with
guidance in "Standards for Internal
Control in the Federal Government"
issued by the Comptroller General of
the United States or the "Internal Con-
trol Integrated Framework", issued by
the Committee of Sponsoring Organiza-
tions of the Treadway Commission
(COSO).
(b) Comply with the U.S. Constitu-
tion, Federal statutes, regulations, and
the terms and conditions of the Federal
awards.
(c) Evaluate and monitor the non -
Federal entity's compliance with stat-
utes, regulations and the terms and
conditions of Federal awards.
(d) Take prompt action when in-
stances of noncompliance are identified
including noncompliance identified in
audit findings.
(e) Take reasonable measures to safe-
guard protected personally identifiable
information and other information the
Federal awarding agency or pass -
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OMB Guidance
through entity designates as sensitive
or the non -Federal entity considers
sensitive consistent with applicable
Federal, State, local, and tribal laws
regarding privacy and responsibility
over confidentiality.
§ 200.304 Bonds.

The Federal awarding agency may in-
clude a provision on bonding, insur-
ance, or both in the following cir-
cumstances:
(a) Where the Federal Government
guarantees or insures the repayment of
money borrowed by the recipient, the
Federal awarding agency, at its discre-
tion, may require adequate bonding
and insurance if the bonding and insur-
ance requirements of the non -Federal
entity are not deemed adequate to pro-
tect the interest of the Federal Govern-
ment.
(b) The Federal awarding agency may
require adequate fidelity bond coverage
where the non -Federal entity lacks suf-
ficient coverage to protect the Federal
Government's interest.
(c) Where bonds are required in the
situations described above, the bonds
must be obtained from companies hold-
ing certificates of authority as accept-
able sureties, as prescribed in 31 CFR
part 223.
§ 200.305 Federal payment.
(a) For states, payments are gov-
erned by Treasury -State Cash Manage-
ment Improvement Act (CMIA) agree-
ments and default procedures codified
at 31 CFR part 205 and Treasury Finan-
cial Manual (TFM) 4A-2000, "Overall
Disbursing Rules for All Federal Agen-
cies".
(b) For non -Federal entities other
than states, payments methods must
minimize the time elapsing between
the transfer of funds from the United
States Treasury or the pass -through
entity and the disbursement by the
non -Federal entity whether the pay-
ment is made by electronic funds
transfer, or issuance or redemption of
checks, warrants, or payment by other
means. See also §200.302(b)(6). Except
as noted elsewhere in this part, Federal
agencies must require recipients to use
only OMB -approved, governmentwide
information collection requests to re-
quest payment.
§ 200.305
(1) The non -Federal entity must be
paid in advance, provided it maintains
or demonstrates the willingness to
maintain both written procedures that
minimize the time elapsing between
the transfer of funds and disbursement
by the non -Federal entity, and finan-
cial management systems that meet
the standards for fund control and ac-
countability as established in this part.

Advance payments to a non -Federal en-
tity must be limited to the minimum
amounts needed and be timed to be in
accordance with the actual, immediate
cash requirements of the non -Federal
entity in carrying out the purpose of
the approved program or project. The
timing and amount of advance pay-
ments must be as close as is adminis-
tratively feasible to the actual dis-
bursements by the non -Federal entity
for direct program or project costs and
the proportionate share of any allow-
able indirect costs. The non -Federal
entity must make timely payment to
contractors in accordance with the
contract provisions.
(2) Whenever possible, advance pay-
ments must be consolidated to cover
anticipated cash needs for all Federal
awards made by the Federal awarding
agency to the recipient.
(i) Advance payment mechanisms in-
clude, but are not limited to, Treasury
check and electronic funds transfer and
must comply with applicable guidance
in 31 CFR part 208.
(ii) Non -Federal entities must be au-
thorized to submit requests for advance
payments and reimbursements at least
monthly when electronic fund transfers
are not used, and as often as they like
when electronic transfers are used, in
accordance with the provisions of the
Electronic Fund Transfer Act (15
U.S.C. 1693-1693r).
(3) Reimbursement is the preferred
method when the requirements in this
paragraph (b) cannot be met, when the
Federal awarding agency sets a specific
condition per § 200.208, or when the non -
Federal entity requests payment by re-
imbursement. This method may be
used on any Federal award for con-
struction, or if the major portion of the
construction project is accomplished
through private market financing or
Federal loans, and the Federal award
constitutes a minor portion of the
125

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§ 200.305
project. When the reimbursement
method is used, the Federal awarding
agency or pass -through entity must
make payment within 30 calendar days
after receipt of the billing, unless the
Federal awarding agency or pass -
through entity reasonably believes the
request to be improper.
(4) If the non -Federal entity cannot
meet the criteria for advance payments
and the Federal awarding agency or
pass -through entity has determined
that reimbursement is not feasible be-
cause the non -Federal entity lacks suf-
ficient working capital, the Federal
awarding agency or pass -through enti-
ty may provide cash on a working cap-
ital advance basis. Under this proce-
dure, the Federal awarding agency or
pass -through entity must advance cash
payments to the non -Federal entity to
cover its estimated disbursement needs
for an initial period generally geared
to the non -Federal entity's disbursing
cycle. Thereafter, the Federal award-
ing agency or pass -through entity must
reimburse the non -Federal entity for
its actual cash disbursements. Use of
the working capital advance method of
payment requires that the pass -
through entity provide timely advance
payments to any subrecipients in order
to meet the subrecipient's actual cash
disbursements. The working capital ad-
vance method of payment must not be
used by the pass -through entity if the
reason for using this method is the un-
willingness or inability of the pass -
through entity to provide timely ad-
vance payments to the subrecipient to
meet the subrecipient's actual cash dis-
bursements.
(5) To the extent available, the non -
Federal entity must disburse funds
available from program income (in-
cluding repayments to a revolving
fund), rebates, refunds, contract settle-
ments, audit recoveries, and interest
earned on such funds before requesting
additional cash payments.
(6) Unless otherwise required by Fed-
eral statutes, payments for allowable
costs by non -Federal entities must not
be withheld at any time during the pe-
riod of performance unless the condi-
tions of §200.208, subpart D of this part,
including § 200.339, or one or more of
the following applies:
2 CFR Ch. 11 (1-1-21 Edition)
(i) The non -Federal entity has failed
to comply with the project objectives,
Federal statutes, regulations, or the
terms and conditions of the Federal
award.
(ii) The non -Federal entity is delin-
quent in a debt to the United States as
defined in OMB Circular A-129, "Poli-
cies for Federal Credit Programs and
Non -Tax Receivables." Under such con-
ditions, the Federal awarding agency
or pass -through entity may, upon rea-
sonable notice, inform the non -Federal
entity that payments must not be
made for financial obligations incurred
after a specified date until the condi-
tions are corrected or the indebtedness
to the Federal Government is liq-
uidated.
(iii) A payment withheld for failure
to comply with Federal award condi-
tions, but without suspension of the
Federal award, must be released to the
non -Federal entity upon subsequent
compliance. When a Federal award is
suspended, payment adjustments will
be made in accordance with § 200.343.
(iv) A payment must not be made to
a non -Federal entity for amounts that
are withheld by the non -Federal entity
from payment to contractors to assure
satisfactory completion of work. A
payment must be made when the non -
Federal entity actually disburses the
withheld funds to the contractors or to
escrow accounts established to assure
satisfactory completion of work.
(7) Standards governing the use of
banks and other institutions as deposi-
tories of advance payments under Fed-
eral awards are as follows.
(i) The Federal awarding agency and
pass -through entity must not require
separate depository accounts for funds
provided to a non -Federal entity or es-
tablish any eligibility requirements for
depositories for funds provided to the
non -Federal entity. However, the non -
Federal entity must be able to account
for funds received, obligated, and ex-
pended.
(ii) Advance payments of Federal
funds must be deposited and main-
tained in insured accounts whenever
possible.
(8) The non -Federal entity must
maintain advance payments of Federal
awards in interest -bearing accounts,
unless the following apply:
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OMB Guidance
(i) The non -Federal entity receives
less than $250,000 in Federal awards per
year.
(ii) The best reasonably available in-
terest -bearing account would not be ex-
pected to earn interest in excess of $500
per year on Federal cash balances.
(iii) The depository would require an
average or minimum balance so high
that it would not be feasible within the
expected Federal and non -Federal cash
resources.
(iv) A foreign government or banking
system prohibits or precludes interest -
bearing accounts.
(9) Interest earned amounts up to $500
per year may be retained by the non -
Federal entity for administrative ex-
pense. Any additional interest earned
on Federal advance payments deposited
in interest -bearing accounts must be
remitted annually to the Department
of Health and Human Services Pay-
ment Management System (PMS)
through an electronic medium using ei-
ther Automated Clearing House (ACH)
network or a Fedwire Funds Service
payment.
(i) For returning interest on Federal
awards paid through PMS, the refund
should:
(A) Provide an explanation stating
that the refund is for interest;
(B) List the PMS Payee Account
Number(s) (PANs);
(C) List the Federal award number(s)
for which the interest was earned; and
(D) Make returns payable to: Depart-
ment of Health and Human Services.
(ii) For returning interest on Federal
awards not paid through PMS, the re-
fund should:
(A) Provide an explanation stating
that the refund is for interest;
(B) Include the name of the awarding
agency;
(C) List the Federal award number(s)
for which the interest was earned; and
(D) Make returns payable to: Depart-
ment of Health and Human Services.
(10) Funds, principal, and excess cash
returns must be directed to the origi-
nal Federal agency payment system.

The non -Federal entity should review
instructions from the original Federal
agency payment system. Returns
should include the following informa-
tion:
§ 200.305
(i) Payee Account Number (PAN), if
the payment originated from PMS, or
Agency information to indicate whom
to credit the funding if the payment
originated from ASAP, NSF, or an-
other Federal agency payment system.
(ii) PMS document number and sub-
account(s), if the payment originated
from PMS, or relevant account num-
bers if the payment originated from an-
other Federal agency payment system.
(iii) The reason for the return (e.g.,
excess cash, funds not spent, interest,
part interest part other, etc.)
(11) When returning funds or interest
to PMS you must include the following
as applicable:
(i) For ACH Returns:

Routing Number: 051036706
Account number: 303000
Bank Name and Location: Credit Gate-
way—ACH Receiver St. Paul, MN
(ii) For Fedwire Returns':

Routing Number: 021030004
Account number: 75010501
Bank Name and Location: Federal Re-
serve Bank Treas NYC/Funds Trans-
fer Division New York, NY
' Please note that the organization
initiating payment is likely to incur a
charge from their Financial Institution
for this type of payment.
(iii) For International ACH Returns:

Beneficiary Account: Federal Reserve
Bank of New York/ITS (FRBNY/ITS)
Bank: Citibank N.A. (New York)
Swift Code: CITIUS33
Account Number: 36838868
Bank Address: 388 Greenwich Street,
New York, NY 10013 USA
Payment Details (Line 70): Agency Lo-
cator Code (ALC): 75010501
Name (abbreviated when possible) and
ALC Agency POC
(iv) For recipients that do not have
electronic remittance capability,
please make check 2 payable to: "The
Department of Health and Human
Services."
Mail Check to Treasury approved
lockbox:

HHS Program Support Center, P.O.

Box 530231, Atlanta, GA 30353-0231
2 Please allow 4-6 weeks for proc-
essing of a payment by check to be ap-
plied to the appropriate PMS account.
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§ 200.306
(v) Questions can be directed to PMS
at 877-614-5533 or
[email protected].
§ 200.306 Cost sharing or matching.
(a) Under Federal research proposals,
voluntary committed cost sharing is
not expected. It cannot be used as a
factor during the merit review of appli-
cations or proposals, but may be con-
sidered if it is both in accordance with
Federal awarding agency regulations
and specified in a notice of funding op-
portunity. Criteria for considering vol-
untary committed cost sharing and
any other program policy factors that
may be used to determine who may re-
ceive a Federal award must be explic-
itly described in the notice of funding
opportunity. See also §§200.414 and
200.204 and appendix I to this part.
(b) For all Federal awards, any
shared costs or matching funds and all
contributions, including cash and
third -party in -kind contributions,
must be accepted as part of the non -
Federal entity's cost sharing or match-
ing when such contributions meet all
of the following criteria:
(1) Are verifiable from the non -Fed-
eral entity's records;
(2) Are not included as contributions
for any other Federal award;
(3) Are necessary and reasonable for
accomplishment of project or program
objectives;
(4) Are allowable under subpart E of
this part;
(5) Are not paid by the Federal Gov-
ernment under another Federal award,
except where the Federal statute au-
thorizing a program specifically pro-
vides that Federal funds made avail-
able for such program can be applied to
matching or cost sharing requirements
of other Federal programs;
(6) Are provided for in the approved
budget when required by the Federal
awarding agency; and
(7) Conform to other provisions of
this part, as applicable.
(c) Unrecovered indirect costs, in-
cluding indirect costs on cost sharing
or matching may be included as part of
cost sharing or matching only with the
prior approval of the Federal awarding
agency. Unrecovered indirect cost
means the difference between the
amount charged to the Federal award
2 CFR Ch. 11 (1-1-21 Edition)
and the amount which could have been
charged to the Federal award under the
non -Federal entity's approved nego-
tiated indirect cost rate.
(d) Values for non -Federal entity
contributions of services and property
must be established in accordance with
the cost principles in subpart E of this
part. If a Federal awarding agency au-
thorizes the non -Federal entity to do-
nate buildings or land for construction/
facilities acquisition projects or long-
term use, the value of the donated
property for cost sharing or matching
must be the lesser of paragraph (d)(1)
or (2) of this section.
(1) The value of the remaining life of
the property recorded in the non -Fed-
eral entity's accounting records at the
time of donation.
(2) The current fair market value.

However, when there is sufficient jus-
tification, the Federal awarding agen-
cy may approve the use of the current
fair market value of the donated prop-
erty, even if it exceeds the value de-
scribed in paragraph (d)(1) of this sec-
tion at the time of donation.
(e) Volunteer services furnished by
third -party professional and technical
personnel, consultants, and other
skilled and unskilled labor may be
counted as cost sharing or matching if
the service is an integral and necessary
part of an approved project or program.

Rates for third -party volunteer serv-
ices must be consistent with those paid
for similar work by the non -Federal en-
tity. In those instances in which the
required skills are not found in the
non -Federal entity, rates must be con-
sistent with those paid for similar
work in the labor market in which the
non -Federal entity competes for the
kind of services involved. In either
case, paid fringe benefits that are rea-
sonable, necessary, allocable, and oth-
erwise allowable may be included in
the valuation.
(f) 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 rea-
sonable, necessary, allocable, and oth-
erwise allowable, and indirect costs at
either the third -party organization's
approved federally -negotiated indirect
cost rate or, a rate in accordance with
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OMB Guidance
§200.414(d) provided these services em-
ploy the same skill(s) for which the
employee is normally paid. Where do-
nated 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) Donated property from third par-
ties may include such items as equip-
ment, office supplies, laboratory sup-
plies, or workshop and classroom sup-
plies. Value assessed to donated prop-
erty included in the cost sharing or
matching share must not exceed the
fair market value of the property at
the time of the donation.
(h) The method used for determining
cost sharing or matching for third -
party -donated equipment, buildings
and land for which title passes to the
non -Federal entity may differ accord-
ing to the purpose of the Federal
award, if paragraph (h)(1) or (2) of this
section applies.
(1) If the purpose of the Federal
award is to assist the non -Federal enti-
ty in the acquisition of equipment,
buildings or land, the aggregate value
of the donated property may be
claimed as cost sharing or matching.
(2) If the purpose of the Federal
award is to support activities that re-
quire the use of equipment, buildings
or land, normally only depreciation
charges for equipment and buildings
may be made. However, the fair market
value of equipment or other capital as-
sets and fair rental charges for land
may be allowed, provided that the Fed-
eral awarding agency has approved the
charges. See also § 200.420.
(i) The value of donated property
must be determined in accordance with
the usual accounting policies of the
non -Federal entity, with the following
qualifications:
(1) The value of donated land and
buildings must not exceed its fair mar-
ket value at the time of donation to
the non -Federal entity as established
by an independent appraiser (e.g., cer-
tified real property appraiser or Gen-
eral Services Administration rep-
resentative) and certified by a respon-
sible official of the non -Federal entity
as required by the Uniform Relocation
Assistance and Real Property Acquisi-
tion Policies Act of 1970, as amended,
§ 200.307
(42 U.S.C. 4601-4655) (Uniform Act) ex-
cept as provided in the implementing
regulations at 49 CFR part 24, "Uni-
form Relocation Assistance And Real
Property Acquisition For Federal And
Federally -Assisted Programs".
(2) The value of donated equipment
must not exceed the fair market value
of equipment of the same age and con-
dition at the time of donation.
(3) The value of donated space must
not exceed the fair rental value of com-
parable space as established by an inde-
pendent 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) For third -party in -kind contribu-
tions, the fair market value of goods
and services must be documented and
to the extent feasible supported by the
same methods used internally by the
non -Federal entity.
(k) For IHEs, see also OMB memo-
randum M-01-06, dated January 5, 2001,
Clarification of OMB A-21 Treatment
of Voluntary Uncommitted Cost Shar-
ing and Tuition Remission Costs.
§ 200.307 Program income.
(a) General. Non -Federal entities are
encouraged to earn income to defray
program costs where appropriate.
(b) Cost of generating program income.

If authorized by Federal regulations or
the Federal award, costs incidental to
the generation of program income may
be deducted from gross income to de-
termine program income, provided
these costs have not been charged to
the Federal award.
(c) Governmental revenues. Taxes, spe-
cial assessments, levies, fines, and
other such revenues raised by a non -
Federal entity are not program income
unless the revenues are specifically
identified in the Federal award or Fed-
eral awarding agency regulations as
program income.
(d) Property. Proceeds from the sale
of real property, equipment, or supplies
are not program income; such proceeds
will be handled in accordance with the
requirements of the Property Stand-
ards §§200.311, 200.313, and 200.314, or as
specifically identified in Federal stat-
utes, regulations, or the terms and con-
ditions of the Federal award.
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§ 200.308
(e) Use of program income. If the Fed-
eral awarding agency does not specify
in its regulations or the terms and con-
ditions of the Federal award, or give
prior approval for how program income
is to be used, paragraph (e)(1) of this
section must apply. For Federal awards
made to IHEs and nonprofit research
institutions, if the Federal awarding
agency does not specify in its regula-
tions or the terms and conditions of
the Federal award how program income
is to be used, paragraph (e)(2) of this
section must apply. In specifying alter-
natives to paragraphs (e)(1) and (2) of
this section, the Federal awarding
agency may distinguish between in-
come earned by the recipient and in-
come earned by subrecipients and be-
tween the sources, kinds, or amounts
of income. When the Federal awarding
agency authorizes the approaches in
paragraphs (e)(2) and (3) of this section,
program income in excess of any
amounts specified must also be de-
ducted from expenditures.
(1) Deduction. Ordinarily program in-
come must be deducted from total al-
lowable costs to determine the net al-
lowable costs. Program income must be
used for current costs unless the Fed-
eral awarding agency authorizes other-
wise. Program income that the non -
Federal entity did not anticipate at the
time of the Federal award must be used
to reduce the Federal award and non -
Federal entity contributions rather
than to increase the funds committed
to the project.
(2) Addition. With prior approval of
the Federal awarding agency (except
for IHEs and nonprofit research insti-
tutions, as described in this paragraph
(e)) program income may be added to
the Federal award by the Federal agen-
cy and the non -Federal entity. The pro-
gram income must be used for the pur-
poses and under the conditions of the
Federal award.
(3) Cost sharing or matching. With
prior approval of the Federal awarding
agency, program income may be used
to meet the cost sharing or matching
requirement of the Federal award. The
amount of the Federal award remains
the same.
(f) Income after the period of perform-
ance. There are no Federal require-
ments governing the disposition of in -
2 CFR Ch. 11 (1-1-21 Edition)
come earned after the end of the period
of performance for the Federal award,
unless the Federal awarding agency
regulations or the terms and condi-
tions of the Federal award provide oth-
erwise. The Federal awarding agency
may negotiate agreements with recipi-
ents regarding appropriate uses of in-
come earned after the period of per-
formance as part of the grant closeout
process. See also § 200.344.
(g) License fees and royalties. Unless
the Federal statute, regulations, or
terms and conditions for the Federal
award provide otherwise, the non -Fed-
eral entity is not accountable to the
Federal awarding agency with respect
to program income earned from license
fees and royalties for copyrighted ma-
terial, patents, patent applications,
trademarks, and inventions made
under a Federal award to which 37 CFR
part 401 is applicable.
§ 200.308 Revision of budget and pro-
gram plans.
(a) The approved budget for the Fed-
eral award summarizes the financial
aspects of the project or program as ap-
proved during the Federal award proc-
ess. It may include either the Federal
and non -Federal share (see definition
for Federal share in §200.1) or only the
Federal share, depending upon Federal
awarding agency requirements. The
budget and program plans include con-
siderations for performance and pro-
gram evaluation purposes whenever re-
quired in accordance with the terms
and conditions of the award.
(b) Recipients are required to report
deviations from budget or project scope
or objective, and request prior approv-
als from Federal awarding agencies for
budget and program plan revisions, in
accordance with this section.
(c) For non -construction Federal
awards, recipients must request prior
approvals from Federal awarding agen-
cies for the following program or budg-
et -related reasons:
(1) Change in the scope or the objec-
tive of the project or program (even if
there is no associated budget revision
requiring prior written approval).
(2) Change in a key person specified
in the application or the Federal
award.
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OMB Guidance
(3) The disengagement from the
project for more than three months, or
a 25 percent reduction in time devoted
to the project, by the approved project
director or principal investigator.
(4) The inclusion, unless waived by
the Federal awarding agency, of costs
that require prior approval in accord-
ance with subpart E of this part as ap-
plicable.
(5) The transfer of funds budgeted for
participant support costs to other cat-
egories of expense.
(6) Unless described in the applica-
tion and funded in the approved Fed-
eral awards, the subawarding, transfer-
ring or contracting out of any work
under a Federal award, including fixed
amount subawards as described in
§ 200.333. This provision does not apply
to the acquisition of supplies, material,
equipment or general support services.
(7) Changes in the approved cost -
sharing or matching provided by the
non -Federal entity.
(8) The need arises for additional
Federal funds to complete the project.
(d) No other prior approval require-
ments for specific items may be im-
posed unless an exception has been ap-
proved by OMB. See also §§200.102 and
200.407.
(e) Except for requirements listed in
paragraphs (c)(1) through (8) of this
section, the Federal awarding agency is
authorized, at its option, to waive
other cost -related and administrative
prior written approvals contained in
subparts D and E of this part. Such
waivers may include authorizing re-
cipients to do any one or more of the
following:
(1) Incur project costs 90 calendar
days before the Federal awarding agen-
cy makes the Federal award. Expenses
more than 90 calendar days pre -award
require prior approval of the Federal
awarding agency. All costs incurred be-
fore the Federal awarding agency
makes the Federal award are at the re-
cipient's risk (i.e., the Federal award-
ing agency is not required to reimburse
such costs if for any reason the recipi-
ent does not receive a Federal award or
if the Federal award is less than antici-
pated and inadequate to cover such
costs). See also §200.458.
(2) Initiate a one-time extension of
the period of performance by up to 12
§ 200.308
months unless one or more of the con-
ditions outlined in paragraphs (e)(2)(i)
through (iii) of this section apply. For
one-time extensions, the recipient
must notify the Federal awarding
agency in writing with the supporting
reasons and revised period of perform-
ance at least 10 calendar days before
the end of the period of performance
specified in the Federal award. This
one-time extension must not be exer-
cised merely for the purpose of using
unobligated balances. Extensions re-
quire explicit prior Federal awarding
agency approval when:
(i) The terms and conditions of the
Federal award prohibit the extension.
(ii) The extension requires additional
Federal funds.
(iii) The extension involves any
change in the approved objectives or
scope of the project.
(3) Carry forward unobligated bal-
ances to subsequent budget periods.
(4) For Federal awards that support
research, unless the Federal awarding
agency provides otherwise in the Fed-
eral award or in the Federal awarding
agency's regulations, the prior ap-
proval requirements described in this
paragraph (e) are automatically waived
(i.e., recipients need not obtain such
prior approvals) unless one of the con-
ditions included in paragraph (e)(2) of
this section applies.
(f) The Federal awarding agency
may, at its option, restrict the transfer
of funds among direct cost categories
or programs, functions and activities
for Federal awards in which the Fed-
eral share of the project exceeds the
simplified acquisition threshold and
the cumulative amount of such trans-
fers exceeds or is expected to exceed 10
percent of the total budget as last ap-
proved by the Federal awarding agen-
cy. The Federal awarding agency can-
not permit a transfer that would cause
any Federal appropriation to be used
for purposes other than those con-
sistent with the appropriation.
(g) All other changes to non -con-
struction budgets, except for the
changes described in paragraph (c) of
this section, do not require prior ap-
proval (see also §200.407).
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§ 200.309
(h) For construction Federal awards,
the recipient must request prior writ-
ten approval promptly from the Fed-
eral awarding agency for budget revi-
sions whenever paragraph (h)(1), (2), or
(3) of this section applies:
(1) The revision results from changes
in the scope or the objective of the
project or program.
(2) The need arises for additional
Federal funds to complete the project.
(3) A revision is desired which in-
volves specific costs for which prior
written approval requirements may be
imposed consistent with applicable
OMB cost principles listed in subpart
E.
(4) No other prior approval require-
ments for budget revisions may be im-
posed unless an exception has been ap-
proved by OMB.
(5) When a Federal awarding agency
makes a Federal award that provides
support for construction and non -con-
struction work, the Federal awarding
agency may require the recipient to ob-
tain prior approval from the Federal
awarding agency before making any
fund or budget transfers between the
two types of work supported.
(i) When requesting approval for
budget revisions, the recipient must
use the same format for budget infor-
mation that was used in the applica-
tion, unless the Federal awarding agen-
cy indicates a letter of request suffices.
(j) Within 30 calendar days from the
date of receipt of the request for budg-
et revisions, the Federal awarding
agency must review the request and
notify the recipient whether the budget
revisions have been approved. If the re-
vision is still under consideration at
the end of 30 calendar days, the Federal
awarding agency must inform the re-
cipient in writing of the date when the
recipient may expect the decision.
§ 200.309 Modifications to Period of
Performance.

If a Federal awarding agency or pass -
through entity approves an extension,
or if a recipient extends under
§200.308(e)(2), the Period of Perform-
ance will be amended to end at the
completion of the extension. If a termi-
nation occurs, the Period of Perform-
ance will be amended to end upon the
effective date of termination. If a re -
2 CFR Ch. 11 (1-1-21 Edition)
newal award is issued, a distinct Period
of Performance will begin.

PROPERTY STANDARDS
§ 200.310 Insurance coverage.

The non -Federal entity must, at a
minimum, provide the equivalent in-
surance coverage for real property and
equipment acquired or improved with
Federal funds as provided to property
owned by the non -Federal entity. Fed-
erally -owned property need not be in-
sured unless required by the terms and
conditions of the Federal award.
§ 200.311 Real property.
(a) Title. Subject to the requirements
and conditions set forth in this section,
title to real property acquired or im-
proved under a Federal award will vest
upon acquisition in the non -Federal en-
tity.
(b) Use. Except as otherwise provided
by Federal statutes or by the Federal
awarding agency, real property will be
used for the originally authorized pur-
pose as long as needed for that purpose,
during which time the non -Federal en-
tity must not dispose of or encumber
its title or other interests.
(c) Disposition. When real property is
no longer needed for the originally au-
thorized purpose, the non -Federal enti-
ty must obtain disposition instructions
from the Federal awarding agency or
pass -through entity. The instructions
must provide for one of the following
alternatives:
(1) Retain title after compensating
the Federal awarding agency. The
amount paid to the Federal awarding
agency will be computed by applying
the Federal awarding agency's percent-
age of participation in the cost of the
original purchase (and costs of any im-
provements) to the fair market value
of the property. However, in those situ-
ations where the non -Federal entity is
disposing of real property acquired or
improved with a Federal award and ac-
quiring replacement real property
under the same Federal award, the net
proceeds from the disposition may be
used as an offset to the cost of the re-
placement property.
(2) Sell the property and compensate
the Federal awarding agency. The
amount due to the Federal awarding
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OMB Guidance
agency will be calculated by applying
the Federal awarding agency's percent-
age of participation in the cost of the
original purchase (and cost of any im-
provements) to the proceeds of the sale
after deduction of any actual and rea-
sonable selling and fixing -up expenses.

If the Federal award has not been
closed out, the net proceeds from sale
may be offset against the original cost
of the property. When the non -Federal
entity is directed to sell property, sales
procedures must be followed that pro-
vide for competition to the extent
practicable and result in the highest
possible return.
(3) Transfer title to the Federal
awarding agency or to a third party
designated/approved by the Federal
awarding agency. The non -Federal en-
tity is entitled to be paid an amount
calculated by applying the non -Federal
entity's percentage of participation in
the purchase of the real property (and
cost of any improvements) to the cur-
rent fair market value of the property.
§ 200.312 Federally -owned and exempt
property.
(a) Title to federally -owned property
remains vested in the Federal Govern-
ment. The non -Federal entity must
submit annually an inventory listing of
federally -owned property in its custody
to the Federal awarding agency. Upon
completion of the Federal award or
when the property is no longer needed,
the non -Federal entity must report the
property to the Federal awarding agen-
cy for further Federal agency utiliza-
tion.
(b) If the Federal awarding agency
has no further need for the property, it
must declare the property excess and
report it for disposal to the appropriate
Federal disposal authority, unless the
Federal awarding agency has statutory
authority to dispose of the property by
alternative methods (e.g., the author-
ity provided by the Federal Technology
Transfer Act (15 U.S.C. 3710 (i)) to do-
nate research equipment to edu-
cational and nonprofit organizations in
accordance with Executive Order 12999,
"Educational Technology: Ensuring
Opportunity for All Children in the
Next Century."). The Federal awarding
agency must issue appropriate instruc-
tions to the non -Federal entity.
§ 200.313
(c) Exempt property means property
acquired under a Federal award where
the Federal awarding agency has cho-
sen to vest title to the property to the
non -Federal entity without further re-
sponsibility to the Federal Govern-
ment, based upon the explicit terms
and conditions of the Federal award.

The Federal awarding agency may ex-
ercise this option when statutory au-
thority exists. Absent statutory au-
thority and specific terms and condi-
tions of the Federal award, title to ex-
empt property acquired under the Fed-
eral award remains with the Federal
Government.
§ 200.313 Equipment.

See also § 200.439.
(a) Title. Subject to the requirements
and conditions set forth in this section,
title to equipment acquired under a
Federal award will vest upon acquisi-
tion in the non -Federal entity. Unless
a statute specifically authorizes the
Federal agency to vest title in the non -
Federal entity without further respon-
sibility to the Federal Government,
and the Federal agency elects to do so,
the title must be a conditional title.

Title must vest in the non -Federal en-
tity subject to the following condi-
tions:
(1) Use the equipment for the author-
ized purposes of the project during the
period of performance, or until the
property is no longer needed for the
purposes of the project.
(2) Not encumber the property with-
out approval of the Federal awarding
agency or pass -through entity.
(3) Use and dispose of the property in
accordance with paragraphs (b), (c),
and (e) of this section.
(b) General. A state must use, manage
and dispose of equipment acquired
under a Federal award by the state in
accordance with state laws and proce-
dures. Other non -Federal entities must
follow paragraphs (c) through (e) of
this section.
(c) Use. (1) Equipment must be used
by the non -Federal entity in the pro-
gram or project for which it was ac-
quired as long as needed, whether or
not the project or program continues
to be supported by the Federal award,
and the non -Federal entity must not
encumber the property without prior
133

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§ 200.313
approval of the Federal awarding agen-
cy. The Federal awarding agency may
require the submission of the applica-
ble common form for equipment. When
no longer needed for the original pro-
gram or project, the equipment may be
used in other activities supported by
the Federal awarding agency, in the
following order of priority:
(i) Activities under a Federal award
from the Federal awarding agency
which funded the original program or
project, then
(ii) Activities under Federal awards
from other Federal awarding agencies.

This includes consolidated equipment
for information technology systems.
(2) During the time that equipment is
used on the project or program for
which it was acquired, the non -Federal
entity must also make equipment
available for use on other projects or
programs currently or previously sup-
ported by the Federal Government,
provided that such use will not inter-
fere with the work on the projects or
program for which it was originally ac-
quired. First preference for other use
must be given to other programs or
projects supported by Federal awarding
agency that financed the equipment
and second preference must be given to
programs or projects under Federal
awards from other Federal awarding
agencies. Use for non -federally -funded
programs or projects is also permis-
sible. User fees should be considered if
appropriate.
(3) Notwithstanding the encourage-
ment in § 200.307 to earn program in-
come, the non -Federal entity must not
use equipment acquired with the Fed-
eral award to provide services for a fee
that is less than private companies
charge for equivalent services unless
specifically authorized by Federal stat-
ute for as long as the Federal Govern-
ment retains an interest in the equip-
ment.
(4) When acquiring replacement
equipment, the non -Federal entity may
use the equipment to be replaced as a
trade-in or sell the property and use
the proceeds to offset the cost of the
replacement property.
(d) Management requirements. Proce-
dures for managing equipment (includ-
ing replacement equipment), whether
acquired in whole or in part under a
2 CFR Ch. 11 (1-1-21 Edition)
Federal award, until disposition takes
place will, as a minimum, meet the fol-
lowing requirements:
(1) Property records must be main-
tained that include a description of the
property, a serial number or other
identification number, the source of
funding for the property (including the
FAIN), who holds title, the acquisition
date, and cost of the property, percent-
age of Federal participation in the
project costs for the Federal award
under which the property was acquired,
the location, use and condition of the
property, and any ultimate disposition
data including the date of disposal and
sale price of the property.
(2) A physical inventory of the prop-
erty must be taken and the results rec-
onciled with the property records at
least once every two years.
(3) A control system must be devel-
oped to ensure adequate safeguards to
prevent loss, damage, or theft of the
property. Any loss, damage, or theft
must be investigated.
(4) Adequate maintenance procedures
must be developed to keep the property
in good condition.
(5) If the non -Federal entity is au-
thorized or required to sell the prop-
erty, proper sales procedures must be
established to ensure the highest pos-
sible return.
(e) Disposition. When original or re-
placement equipment acquired under a
Federal award is no longer needed for
the original project or program or for
other activities currently or previously
supported by a Federal awarding agen-
cy, except as otherwise provided in
Federal statutes, regulations, or Fed-
eral awarding agency disposition in-
structions, the non -Federal entity
must request disposition instructions
from the Federal awarding agency if
required by the terms and conditions of
the Federal award. Disposition of the
equipment will be made as follows, in
accordance with Federal awarding
agency disposition instructions:
(1) Items of equipment with a current
per unit fair market value of $5,000 or
less may be retained, sold or otherwise
disposed of with no further responsi-
bility to the Federal awarding agency.
(2) Except as provided in §200.312(b),
or if the Federal awarding agency fails
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OMB Guidance
to provide requested disposition in-
structions within 120 days, items of
equipment with a current per -unit fair
market value in excess of $5,000 may be
retained by the non -Federal entity or
sold. The Federal awarding agency is
entitled to an amount calculated by
multiplying the current market value
or proceeds from sale by the Federal
awarding agency's percentage of par-
ticipation in the cost of the original
purchase. If the equipment is sold, the
Federal awarding agency may permit
the non -Federal entity to deduct and
retain from the Federal share $500 or
ten percent of the proceeds, whichever
is less, for its selling and handling ex-
penses.
(3) The non -Federal entity may
transfer title to the property to the
Federal Government or to an eligible
third party provided that, in such
cases, the non -Federal entity must be
entitled to compensation for its attrib-
utable percentage of the current fair
market value of the property.
(4) In cases where a non -Federal enti-
ty fails to take appropriate disposition
actions, the Federal awarding agency
may direct the non -Federal entity to
take disposition actions.
§ 200.314 Supplies.

See also § 200.453.
(a) Title to supplies will vest in the
non -Federal entity upon acquisition. If
there is a residual inventory of unused
supplies exceeding $5,000 in total aggre-
gate value upon termination or com-
pletion of the project or program and
the supplies are not needed for any
other Federal award, the non -Federal
entity must retain the supplies for use
on other activities or sell them, but
must, in either case, compensate the
Federal Government for its share. The
amount of compensation must be com-
puted in the same manner as for equip-
ment. See § 200.313 (e)(2) for the calcula-
tion methodology.
(b) As long as the Federal Govern-
ment retains an interest in the sup-
plies, the non -Federal entity must not
use supplies acquired under a Federal
award to provide services to other or-
ganizations for a fee that is less than
private companies charge for equiva-
lent services, unless specifically au-
thorized by Federal statute.
§ 200.315
§ 200.315 Intangible property.
(a) Title to intangible property (see
definition for Intangible property in
§ 200.1) acquired under a Federal award
vests upon acquisition in the non -Fed-
eral entity. The non -Federal entity
must use that property for the origi-
nally -authorized purpose, and must not
encumber the property without ap-
proval of the Federal awarding agency.

When no longer needed for the origi-
nally authorized purpose, disposition of
the intangible property must occur in
accordance with the provisions in
§ 200.313(e).
(b) The non -Federal entity may copy-
right any work that is subject to copy-
right and was developed, or for which
ownership was acquired, under a Fed-
eral award. The Federal awarding agen-
cy reserves a royalty -free, nonexclu-
sive and irrevocable right to reproduce,
publish, or otherwise use the work for
Federal purposes, and to authorize oth-
ers to do so.
(c) The non -Federal entity is subject
to applicable regulations governing
patents and inventions, including gov-
ernmentwide regulations issued by the
Department of Commerce at 37 CFR
part 401, "Rights to Inventions Made
by Nonprofit Organizations and Small
Business Firms Under Government
Awards, Contracts and Cooperative
Agreements."
(d) The Federal Government has the
right to:
(1) Obtain, reproduce, publish, or oth-
erwise use the data produced under a
Federal award; and
(2) Authorize others to receive, repro-
duce, publish, or otherwise use such
data for Federal purposes.
(e)(1) In response to a Freedom of In-
formation Act (FOIA) request for re-
search data relating to published re-
search findings produced under a Fed-
eral award that were used by the Fed-
eral Government in developing an
agency action that has the force and
effect of law, the Federal awarding
agency must request, and the non -Fed-
eral entity must provide, within a rea-
sonable time, the research data so that
they can be made available to the pub-
lic through the procedures established
under the FOIA. If the Federal award-
ing agency obtains the research data
solely in response to a FOIA request,
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§ 200.316
the Federal awarding agency may
charge the requester a reasonable fee
equaling the full incremental cost of
obtaining the research data. This fee
should reflect costs incurred by the
Federal agency and the non -Federal en-
tity. This fee is in addition to any fees
the Federal awarding agency may as-
sess under the FOIA (5 U.S.C.
552(a)(4)(A)).
(2) Published research findings means
when:
(i) Research findings are published in
a peer -reviewed scientific or technical
journal; or
(ii) A Federal agency publicly and of-
ficially cites the research findings in
support of an agency action that has
the force and effect of law. "Used by
the Federal Government in developing
an agency action that has the force and
effect of law" is defined as when an
agency publicly and officially cites the
research findings in support of an agen-
cy action that has the force and effect
of law.
(3) Research data means the recorded
factual material commonly accepted in
the scientific community as necessary
to validate research findings, but not
any of the following: Preliminary anal-
yses, drafts of scientific papers, plans
for future research, peer reviews, or
communications with colleagues. This
"recorded" material excludes physical
objects (e.g., laboratory samples). Re-
search data also do not include:
(i) Trade secrets, commercial infor-
mation, materials necessary to be held
confidential by a researcher until they
are published, or similar information
which is protected under law; and
(ii) Personnel and medical informa-
tion and similar information the dis-
closure of which would constitute a
clearly unwarranted invasion of per-
sonal privacy, such as information that
could be used to identify a particular
person in a research study.
§ 200.316 Property trust relationship.

Real property, equipment, and intan-
gible property, that are acquired or im-
proved with a Federal award must be
held in trust by the non -Federal entity
as trustee for the beneficiaries of the
project or program under which the
property was acquired or improved.

The Federal awarding agency may re -
2 CFR Ch. 11 (1-1-21 Edition)
quire the non -Federal entity to record
liens or other appropriate notices of
record to indicate that personal or real
property has been acquired or improved
with a Federal award and that use and
disposition conditions apply to the
property.

Procurement Standards
§ 200.317 Procurements by states.

When procuring property and serv-
ices under a Federal award, a State
must follow the same policies and pro-
cedures it uses for procurements from
its non -Federal funds. The State will
comply with §§200.321, 200.322, and
200.323 and ensure that every purchase
order or other contract includes any
clauses required by § 200.327. All other
non -Federal entities, including sub -
recipients of a State, must follow the
procurement standards in §§200.318
through 200.327.
§ 200.318 General procurement stand-
ards.
(a) The non -Federal entity must have
and use documented procurement pro-
cedures, consistent with State, local,
and tribal laws and regulations and the
standards of this section, for the acqui-
sition of property or services required
under a Federal award or subaward.

The non -Federal entity's documented
procurement procedures must conform
to the procurement standards identi-
fied in §§200.317 through 200.327.
(b) Non -Federal entities must main-
tain oversight to ensure that contrac-
tors perform in accordance with the
terms, conditions, and specifications of
their contracts or purchase orders.
(c)(1) The non -Federal entity must
maintain written standards of conduct
covering conflicts of interest and gov-
erning the actions of its employees en-
gaged in the selection, award and ad-
ministration of contracts. No em-
ployee, officer, or agent may partici-
pate in the selection, award, or admin-
istration of a contract supported by a
Federal award if he or she has a real or
apparent conflict of interest. Such a
conflict of interest would arise when
the employee, officer, or agent, any
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OMB Guidance
member of his or her immediate fam-
ily, his or her partner, or an organiza-
tion which employs or is about to em-
ploy any of the parties indicated here-
in, has a financial or other interest in
or a tangible personal benefit from a
firm considered for a contract. The of-
ficers, employees, and agents of the
non -Federal entity may neither solicit
nor accept gratuities, favors, or any-
thing of monetary value from contrac-
tors or parties to subcontracts. How-
ever, non -Federal entities may set
standards for situations in which the
financial interest is not substantial or
the gift is an unsolicited item of nomi-
nal value. The standards of conduct
must provide for disciplinary actions
to be applied for violations of such
standards by officers, employees, or
agents of the non -Federal entity.
(2) If the non -Federal entity has a
parent, affiliate, or subsidiary organi-
zation that is not a State, local govern-
ment, or Indian tribe, the non -Federal
entity must also maintain written
standards of conduct covering organi-
zational conflicts of interest. Organiza-
tional conflicts of interest means that
because of relationships with a parent
company, affiliate, or subsidiary orga-
nization, the non -Federal entity is un-
able or appears to be unable to be im-
partial in conducting a procurement
action involving a related organiza-
tion.
(d) The non -Federal entity's proce-
dures must avoid acquisition of unnec-
essary or duplicative items. Consider-
ation should be given to consolidating
or breaking out procurements to ob-
tain a more economical purchase.

Where appropriate, an analysis will be
made of lease versus purchase alter-
natives, and any other appropriate
analysis to determine the most eco-
nomical approach.
(e) To foster greater economy and ef-
ficiency, and in accordance with efforts
to promote cost-effective use of shared
services across the Federal Govern-
ment, the non -Federal entity is encour-
aged to enter into state and local inter-
governmental agreements or inter -en-
tity agreements where appropriate for
procurement or use of common or
shared goods and services. Competition
requirements will be met with applied
to documented procurement actions
§ 200.318
using strategic sourcing, shared serv-
ices, and other similar procurement ar-
rangements.
(f) The non -Federal entity is encour-
aged to use Federal excess and surplus
property in lieu of purchasing new
equipment and property whenever such
use is feasible and reduces project
costs.
(g) The non -Federal entity is encour-
aged to use value engineering clauses
in contracts for construction projects
of sufficient size to offer reasonable op-
portunities for cost reductions. Value
engineering is a systematic and cre-
ative analysis of each contract item or
task to ensure that its essential func-
tion is provided at the overall lower
cost.
(h) The non -Federal entity must
award contracts only to responsible
contractors possessing the ability to
perform successfully under the terms
and conditions of a proposed procure-
ment. Consideration will be given to
such matters as contractor integrity,
compliance with public policy, record
of past performance, and financial and
technical resources. See also § 200.214.
(i) The non -Federal entity must
maintain records sufficient to detail
the history of procurement. These
records will include, but are not nec-
essarily limited to, the following: Ra-
tionale for the method of procurement,
selection of contract type, contractor
selection or rejection, and the basis for
the contract price.
(j)(1) The non -Federal entity may use
a time -and -materials type contract
only after a determination that no
other contract is suitable and if the
contract includes a ceiling price that
the contractor exceeds at its own risk.

Time -and -materials type contract
means a contract whose cost to a non -
Federal entity is the sum of:
(i) The actual cost of materials; and
(ii) Direct labor hours charged at
fixed hourly rates that reflect wages,
general and administrative expenses,
and profit.
(2) Since this formula generates an
open-ended contract price, a time -and -
materials contract provides no positive
profit incentive to the contractor for
cost control or labor efficiency. There-
fore, each contract must set a ceiling
price that the contractor exceeds at its
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§ 200.319
own risk. Further, the non -Federal en-
tity awarding such a contract must as-
sert a high degree of oversight in order
to obtain reasonable assurance that
the contractor is using efficient meth-
ods and effective cost controls.
(k) The non -Federal entity alone
must be responsible, in accordance
with good administrative practice and
sound business judgment, for the set-
tlement of all contractual and adminis-
trative issues arising out of procure-
ments. These issues include, but are
not limited to, source evaluation, pro-
tests, disputes, and claims. These
standards do not relieve the non -Fed-
eral entity of any contractual respon-
sibilities under its contracts. The Fed-
eral awarding agency will not sub-
stitute its judgment for that of the
non -Federal entity unless the matter is
primarily a Federal concern. Viola-
tions of law will be referred to the
local, state, or Federal authority hav-
ing proper jurisdiction.
§ 200.319 Competition.
(a) All procurement transactions for
the acquisition of property or services
required under a Federal award must
be conducted in a manner providing
full and open competition consistent
with the standards of this section and
§200.320.
(b) In order to ensure objective con-
tractor performance and eliminate un-
fair competitive advantage, contrac-
tors that develop or draft specifica-
tions, requirements, statements of
work, or invitations for bids or re-
quests for proposals must be excluded
from competing for such procurements.

Some of the situations considered to be
restrictive of competition include but
are not limited to:
(1) Placing unreasonable require-
ments on firms in order for them to
qualify to do business;
(2) Requiring unnecessary experience
and excessive bonding;
(3) Noncompetitive pricing practices
between firms or between affiliated
companies;
(4) Noncompetitive contracts to con-
sultants that are on retainer contracts;
(5) Organizational conflicts of inter-
est;
(6) Specifying only a "brand name"
product instead of allowing "an equal"
2 CFR Ch. 11 (1-1-21 Edition)
product to be offered and describing
the performance or other relevant re-
quirements of the procurement; and
(7) Any arbitrary action in the pro-
curement process.
(c) The non -Federal entity must con-
duct procurements in a manner that
prohibits the use of statutorily or ad-
ministratively imposed state, local, or
tribal geographical preferences in the
evaluation of bids or proposals, except
in those cases where applicable Federal
statutes expressly mandate or encour-
age geographic preference. Nothing in
this section preempts state licensing
laws. When contracting for architec-
tural and engineering (A/E) services,
geographic location may be a selection
criterion provided its application
leaves an appropriate number of quali-
fied firms, given the nature and size of
the project, to compete for the con-
tract.
(d) The non -Federal entity must have
written procedures for procurement
transactions. These procedures must
ensure that all solicitations:
(1) Incorporate a clear and accurate
description of the technical require-
ments for the material, product, or
service to be procured. Such descrip-
tion must not, in competitive procure-
ments, contain features which unduly
restrict competition. The description
may include a statement of the quali-
tative nature of the material, product
or service to be procured and, when
necessary, must set forth those min-
imum essential characteristics and
standards to which it must conform if
it is to satisfy its intended use. De-
tailed product specifications should be
avoided if at all possible. When it is
impractical or uneconomical to make a
clear and accurate description of the
technical requirements, a "brand name
or equivalent" description may be used
as a means to define the performance
or other salient requirements of pro-
curement. The specific features of the
named brand which must be met by of-
fers must be clearly stated; and
(2) Identify all requirements which
the offerors must fulfill and all other
factors to be used in evaluating bids or
proposals.
(e) The non -Federal entity must en-
sure that all prequalified lists of per-
sons, firms, or products which are used
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OMB Guidance
in acquiring goods and services are cur-
rent and include enough qualified
sources to ensure maximum open and
free competition. Also, the non -Federal
entity must not preclude potential bid-
ders from qualifying during the solici-
tation period.
(f) Noncompetitive procurements can
only be awarded in accordance with
§ 200.320(c).
§ 200.320 Methods of procurement to
be followed.

The non -Federal entity must have
and use documented procurement pro-
cedures, consistent with the standards
of this section and §§200.317, 200.318,
and 200.319 for any of the following
methods of procurement used for the
acquisition of property or services re-
quired under a Federal award or sub -
award.
(a) Informal procurement methods.

When the value of the procurement for
property or services under a Federal
award does not exceed the simplified ac-
quisition threshold (SAT), as defined in
§ 200.1, or a lower threshold established
by a non -Federal entity, formal pro-
curement methods are not required.

The non -Federal entity may use infor-
mal procurement methods to expedite
the completion of its transactions and
minimize the associated administra-
tive burden and cost. The informal
methods used for procurement of prop-
erty or services at or below the SAT in-
clude:
(1) Micro-purchases—(i) Distribution.

The acquisition of supplies or services,
the aggregate dollar amount of which
does not exceed the micro -purchase
threshold (See the definition of micro -
purchase in § 200.1). To the maximum
extent practicable, the non -Federal en-
tity should distribute micro -purchases
equitably among qualified suppliers.
(ii) Micro -purchase awards. Micro -pur-
chases may be awarded without solic-
iting competitive price or rate
quotations if the non -Federal entity
considers the price to be reasonable
based on research, experience, purchase
history or other information and docu-
ments it files accordingly. Purchase
cards can be used for micro -purchases
if procedures are documented and ap-
proved by the non -Federal entity.
§ 200.320
(iii) Micro -purchase thresholds. The
non -Federal entity is responsible for
determining and documenting an ap-
propriate micro -purchase threshold
based on internal controls, an evalua-
tion of risk, and its documented pro-
curement procedures. The micro -pur-
chase threshold used by the non -Fed-
eral entity must be authorized or not
prohibited under State, local, or tribal
laws or regulations. Non -Federal enti-
ties may establish a threshold higher
than the Federal threshold established
in the Federal Acquisition Regulations
(FAR) in accordance with paragraphs
(a)(1)(iv) and (v) of this section.
(iv) Non -Federal entity increase to the
micro -purchase threshold up to $50,000.

Non -Federal entities may establish a
threshold higher than the micro -pur-
chase threshold identified in the FAR
in accordance with the requirements of
this section. The non -Federal entity
may self -certify a threshold up to
$50,000 on an annual basis and must
maintain documentation to be made
available to the Federal awarding
agency and auditors in accordance with
§ 200.334. The self -certification must in-
clude a justification, clear identifica-
tion of the threshold, and supporting
documentation of any of the following:
(A) A qualification as a low -risk
auditee, in accordance with the criteria
in § 200.520 for the most recent audit;
(B) An annual internal institutional
risk assessment to identify, mitigate,
and manage financial risks; or,
(C) For public institutions, a higher
threshold consistent with State law.
(v) Non -Federal entity increase to the
micro -purchase threshold over $50,000.

Micro -purchase thresholds higher than
$50,000 must be approved by the cog-
nizant agency for indirect costs. The
non-federal entity must submit a re-
quest with the requirements included
in paragraph (a)(1)(iv) of this section.

The increased threshold is valid until
there is a change in status in which the
justification was approved.
(2) Small purchases—(i) Small purchase
procedures. The acquisition of property
or services, the aggregate dollar
amount of which is higher than the
micro -purchase threshold but does not
exceed the simplified acquisition
threshold. If small purchase procedures
are used, price or rate quotations must
139

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§ 200.320
be obtained from an adequate number
of qualified sources as determined ap-
propriate by the non -Federal entity.
(ii) Simplified acquisition thresholds.

The non -Federal entity is responsible
for determining an appropriate sim-
plified acquisition threshold based on
internal controls, an evaluation of risk
and its documented procurement proce-
dures which must not exceed the
threshold established in the FAR.

When applicable, a lower simplified ac-
quisition threshold used by the non -
Federal entity must be authorized or
not prohibited under State, local, or
tribal laws or regulations.
(b) Formal procurement methods. When
the value of the procurement for prop-
erty or services under a Federal finan-
cial assistance award exceeds the SAT,
or a lower threshold established by a
non -Federal entity, formal procure-
ment methods are required. Formal
procurement methods require following
documented procedures. Formal pro-
curement methods also require public
advertising unless a non-competitive
procurement can be used in accordance
with §200.319 or paragraph (c) of this
section. The following formal methods
of procurement are used for procure-
ment of property or services above the
simplified acquisition threshold or a
value below the simplified acquisition
threshold the non -Federal entity deter-
mines to be appropriate:
(1) Sealed bids. A procurement method
in which bids are publicly solicited and
a firm fixed -price contract (lump sum
or unit price) is awarded to the respon-
sible bidder whose bid, conforming with
all the material terms and conditions
of the invitation for bids, is the lowest
in price. The sealed bids method is the
preferred method for procuring con-
struction, if the conditions.
(i) In order for sealed bidding to be
feasible, the following conditions
should be present:
(A) A complete, adequate, and real-
istic specification or purchase descrip-
tion is available;
(B) Two or more responsible bidders
are willing and able to compete effec-
tively for the business; and
(C) The procurement lends itself to a
firm fixed price contract and the selec-
tion of the successful bidder can be
made principally on the basis of price.
2 CFR Ch. 11 (1-1-21 Edition)
(ii) If sealed bids are used, the fol-
lowing requirements apply:
(A) Bids must be solicited from an
adequate number of qualified sources,
providing them sufficient response
time prior to the date set for opening
the bids, for local, and tribal govern-
ments, the invitation for bids must be
publicly advertised;
(B) The invitation for bids, which
will include any specifications and per-
tinent attachments, must define the
items or services in order for the bidder
to properly respond;
(C) All bids will be opened at the
time and place prescribed in the invita-
tion for bids, and for local and tribal
governments, the bids must be opened
publicly;
(D) A firm fixed price contract award
will be made in writing to the lowest
responsive and responsible bidder.

Where specified in bidding documents,
factors such as discounts, transpor-
tation cost, and life cycle costs must
be considered in determining which bid
is lowest. Payment discounts will only
be used to determine the low bid when
prior experience indicates that such
discounts are usually taken advantage
of; and
(E) Any or all bids may be rejected if
there is a sound documented reason.
(2) Proposals. A procurement method
in which either a fixed price or cost -re-
imbursement type contract is awarded.

Proposals are generally used when con-
ditions are not appropriate for the use
of sealed bids. They are awarded in ac-
cordance with the following require-
ments:
(i) Requests for proposals must be
publicized and identify all evaluation
factors and their relative importance.

Proposals must be solicited from an
adequate number of qualified offerors.

Any response to publicized requests for
proposals must be considered to the
maximum extent practical;
(ii) The non -Federal entity must
have a written method for conducting
technical evaluations of the proposals
received and making selections;
(iii) Contracts must be awarded to
the responsible offeror whose proposal
is most advantageous to the non -Fed-
eral entity, with price and other fac-
tors considered; and
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OMB Guidance
(iv) The non -Federal entity may use
competitive proposal procedures for
qualifications -based procurement of ar-
chitectural/engineering (A/E) profes-
sional services whereby offeror's quali-
fications are evaluated and the most
qualified offeror is selected, subject to
negotiation of fair and reasonable com-
pensation. The method, where price is
not used as a selection factor, can only
be used in procurement of A/E profes-
sional services. It cannot be used to
purchase other types of services though
A/E firms that are a potential source to
perform the proposed effort.
(c) Noncompetitive procurement. There
are specific circumstances in which
noncompetitive procurement can be
used. Noncompetitive procurement can
only be awarded if one or more of the
following circumstances apply:
(1) The acquisition of property or
services, the aggregate dollar amount
of which does not exceed the micro -
purchase threshold (see paragraph
(a)(1) of this section);
(2) The item is available only from a
single source;
(3) The public exigency or emergency
for the requirement will not permit a
delay resulting from publicizing a com-
petitive solicitation;
(4) The Federal awarding agency or
pass -through entity expressly author-
izes a noncompetitive procurement in
response to a written request from the
non -Federal entity; or
(5) After solicitation of a number of
sources, competition is determined in-
adequate.
§ 200.321 Contracting with small and
minority businesses, women's busi-
ness enterprises, and labor surplus
area firms.
(a) The non -Federal entity must take
all necessary affirmative steps to as-
sure that minority businesses, women's
business enterprises, and labor surplus
area firms are used when possible.
(b) Affirmative steps must include:
(1) Placing qualified small and mi-
nority businesses and women's business
enterprises on solicitation lists;
(2) Assuring that small and minority
businesses, and women's business en-
terprises are solicited whenever they
are potential sources;
(3) Dividing total requirements, when
economically feasible, into smaller
§ 200.323
tasks or quantities to permit max-
imum participation by small and mi-
nority businesses, and women's busi-
ness enterprises;
(4) Establishing delivery schedules,
where the requirement permits, which
encourage participation by small and
minority businesses, and women's busi-
ness enterprises;
(5) Using the services and assistance,
as appropriate, of such organizations as
the Small Business Administration and
the Minority Business Development
Agency of the Department of Com-
merce; and
(6) Requiring the prime contractor, if
subcontracts are to be let, to take the
affirmative steps listed in paragraphs
(b)(1) through (5) of this section.
§ 200.322 Domestic preferences for pro-
curements.
(a) As appropriate and to the extent
consistent with law, the non -Federal
entity should, to the greatest extent
practicable under a Federal award, pro-
vide a preference for the purchase, ac-
quisition, or use of goods, products, or
materials produced in the United
States (including but not limited to
iron, aluminum, steel, cement, and
other manufactured products). The re-
quirements of this section must be in-
cluded in all subawards including all
contracts and purchase orders for work
or products under this award.
(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 appli-
cation of coatings, occurred in the
United States.
(2) "Manufactured products" means
items and construction materials com-
posed in whole or in part of non-ferrous
metals such as aluminum; plastics and
polymer -based products such as poly-
vinyl chloride pipe; aggregates such as
concrete; glass, including optical fiber;
and lumber.
§ 200.323 Procurement of recovered
materials.

A non -Federal entity that is a state
agency or agency of a political subdivi-
sion of a state and its contractors must
comply with section 6002 of the Solid
Waste Disposal Act, as amended by the
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§ 200.324
Resource Conservation and Recovery
Act. The requirements of Section 6002
include procuring only items des-
ignated in guidelines of the Environ-
mental Protection Agency (EPA) at 40
CFR part 247 that contain the highest
percentage of recovered materials prac-
ticable, 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 re-
source recovery; and establishing an af-
firmative procurement program for
procurement of recovered materials
identified in the EPA guidelines.
§ 200.324 Contract cost and price.
(a) The non -Federal entity must per-
form a cost or price analysis in connec-
tion with every procurement action in
excess of the Simplified Acquisition
Threshold including contract modifica-
tions. The method and degree of anal-
ysis is dependent on the facts sur-
rounding the particular procurement
situation, but as a starting point, the
non -Federal entity must make inde-
pendent estimates before receiving bids
or proposals.
(b) The non -Federal entity must ne-
gotiate profit as a separate element of
the price for each contract in which
there is no price competition and in all
cases where cost analysis is performed.

To establish a fair and reasonable prof-
it, consideration must be given to the
complexity of the work to be per-
formed, the risk borne by the con-
tractor, the contractor's investment,
the amount of subcontracting, the
quality of its record of past perform-
ance, and industry profit rates in the
surrounding geographical area for
similar work.
(c) Costs or prices based on estimated
costs for contracts under the Federal
award are allowable only to the extent
that costs incurred or cost estimates
included in negotiated prices would be
allowable for the non -Federal entity
under subpart E of this part. The non -
Federal entity may reference its own
cost principles that comply with the
Federal cost principles.
2 CFR Ch. 11 (1-1-21 Edition)
(d) The cost plus a percentage of cost
and percentage of construction cost
methods of contracting must not be
used.
§ 200.325 Federal awarding agency or
pass -through entity review.
(a) The non -Federal entity must
make available, upon request of the
Federal awarding agency or pass -
through entity, technical specifica-
tions on proposed procurements where
the Federal awarding agency or pass -
through entity believes such review is
needed to ensure that the item or serv-
ice specified is the one being proposed
for acquisition. This review generally
will take place prior to the time the
specification is incorporated into a so-
licitation document. However, if the
non -Federal entity desires to have the
review accomplished after a solicita-
tion has been developed, the Federal
awarding agency or pass -through enti-
ty may still review the specifications,
with such review usually limited to the
technical aspects of the proposed pur-
chase.
(b) The non -Federal entity must
make available upon request, for the
Federal awarding agency or pass -
through entity pre -procurement re-
view, procurement documents, such as
requests for proposals or invitations
for bids, or independent cost estimates,
when:
(1) The non -Federal entity's procure-
ment procedures or operation fails to
comply with the procurement stand-
ards in this part;
(2) The procurement is expected to
exceed the Simplified Acquisition
Threshold and is to be awarded without
competition or only one bid or offer is
received in response to a solicitation;
(3) The procurement, which is ex-
pected to exceed the Simplified Acqui-
sition Threshold, specifies a "brand
name" product;
(4) The proposed contract is more
than the Simplified Acquisition
Threshold and is to be awarded to
other than the apparent low bidder
under a sealed bid procurement; or
(5) A proposed contract modification
changes the scope of a contract or in-
creases the contract amount by more
than the Simplified Acquisition
Threshold.
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OMB Guidance
(c) The non -Federal entity is exempt
from the pre -procurement review in
paragraph (b) of this section if the Fed-
eral awarding agency or pass -through
entity determines that its procurement
systems comply with the standards of
this part.
(1) The non -Federal entity may re-
quest that its procurement system be
reviewed by the Federal awarding
agency or pass -through entity to deter-
mine whether its system meets these
standards in order for its system to be
certified. Generally, these reviews
must occur where there is continuous
high -dollar funding, and third -party
contracts are awarded on a regular
basis;
(2) The non -Federal entity may self -
certify its procurement system. Such
self -certification must not limit the
Federal awarding agency's right to sur-
vey the system. Under a self -certifi-
cation procedure, the Federal awarding
agency may rely on written assurances
from the non -Federal entity that it is
complying with these standards. The
non -Federal entity must cite specific
policies, procedures, regulations, or
standards as being in compliance with
these requirements and have its system
available for review.
§ 200.326 Bonding requirements.

For construction or facility improve-
ment contracts or subcontracts exceed-
ing the Simplified Acquisition Thresh-
old, the Federal awarding agency or
pass -through entity may accept the
bonding policy and requirements of the
non -Federal entity provided that the
Federal awarding agency or pass -
through entity has made a determina-
tion that the Federal interest is ade-
quately protected. If such a determina-
tion has not been made, the minimum
requirements must be as follows:
(a) A bid guarantee from each bidder
equivalent to five percent of the bid
price. The "bid guarantee" must con-
sist of a firm commitment such as a
bid bond, certified check, or other ne-
gotiable instrument accompanying a
bid as assurance that the bidder will,
upon acceptance of the bid, execute
such contractual documents as may be
required within the time specified.
(b) A performance bond on the part of
the contractor for 100 percent of the
§ 200.329
contract price. A "performance bond"
is one executed in connection with a
contract to secure fulfillment of all the
contractor's requirements under such
contract.
(c) A payment bond on the part of the
contractor for 100 percent of the con-
tract price. A "payment bond" is one
executed in connection with a contract
to assure payment as required by law
of all persons supplying labor and ma-
terial in the execution of the work pro-
vided for in the contract.
§ 200.327 Contract provisions.

The non -Federal entity's contracts
must contain the applicable provisions
described in appendix II to this part.

PERFORMANCE AND FINANCIAL

MONITORING AND REPORTING
§ 200.328 Financial reporting.

Unless otherwise approved by OMB,
the Federal awarding agency must so-
licit only the OMB -approved govern-
mentwide data elements for collection
of financial information (at time of
publication the Federal Financial Re-
port or such future, OMB -approved,
governmentwide data elements avail-
able from the OMB -designated stand-
ards lead. This information must be
collected with the frequency required
by the terms and conditions of the Fed-
eral award, but no less frequently than
annually nor more frequently than
quarterly except in unusual cir-
cumstances, for example where more
frequent reporting is necessary for the
effective monitoring of the Federal
award or could significantly affect pro-
gram outcomes, and preferably in co-
ordination with performance reporting.

The Federal awarding agency must use
OMB -approved common information
collections, as applicable, when pro-
viding financial and performance re-
porting information.
§ 200.329 Monitoring and reporting
program performance.
(a) Monitoring by the non -Federal enti-
ty. The non -Federal entity is respon-
sible for oversight of the operations of
the Federal award supported activities.

The non -Federal entity must monitor
its activities under Federal awards to
143

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§ 200.329
assure compliance with applicable Fed-
eral requirements and performance ex-
pectations are being achieved. Moni-
toring by the non -Federal entity must
cover each program, function or activ-
ity. See also § 200.332.
(b) Reporting program performance.

The Federal awarding agency must use
OMB -approved common information
collections, as applicable, when pro-
viding financial and performance re-
porting information. As appropriate
and in accordance with above men-
tioned information collections, the
Federal awarding agency must require
the recipient to relate financial data
and accomplishments to performance
goals and objectives of the Federal
award. Also, in accordance with above
mentioned common information collec-
tions, and when required by the terms
and conditions of the Federal award,
recipients must provide cost informa-
tion to demonstrate cost effective
practices (e.g., through unit cost data).

In some instances (e.g., discretionary
research awards), this will be limited
to the requirement to submit technical
performance reports (to be evaluated in
accordance with Federal awarding
agency policy). Reporting require-
ments must be clearly articulated such
that, where appropriate, performance
during the execution of the Federal
award has a standard against which
non -Federal entity performance can be
measured.
(c) Non -construction performance re-
ports. The Federal awarding agency
must use standard, governmentwide
OMB -approved data elements for col-
lection of performance information in-
cluding performance progress reports,
Research Performance Progress Re-
ports.
(1) The non -Federal entity must sub-
mit performance reports at the inter-
val required by the Federal awarding
agency or pass -through entity to best
inform improvements in program out-
comes and productivity. Intervals must
be no less frequent than annually nor
more frequent than quarterly except in
unusual circumstances, for example
where more frequent reporting is nec-
essary for the effective monitoring of
the Federal award or could signifi-
cantly affect program outcomes. Re-
ports submitted annually by the non -
2 CFR Ch. 11 (1-1-21 Edition)
Federal entity and/or pass -through en-
tity must be due no later than 90 cal-
endar days after the reporting period.

Reports submitted quarterly or semi-
annually must be due no later than 30
calendar days after the reporting pe-
riod. Alternatively, the Federal award-
ing agency or pass -through entity may
require annual reports before the anni-
versary dates of multiple year Federal
awards. The final performance report
submitted by the non -Federal entity
and/or pass -through entity must be due
no later than 120 calendar days after
the period of performance end date. A
subrecipient must submit to the pass -
through entity, no later than 90 cal-
endar days after the period of perform-
ance end date, all final performance re-
ports as required by the terms and con-
ditions of the Federal award. See also
§200.344. If a justified request is sub-
mitted by a non -Federal entity, the
Federal agency may extend the due
date for any performance report.
(2) As appropriate in accordance with
above mentioned performance report-
ing, these reports will contain, for each
Federal award, brief information on
the following unless other data ele-
ments are approved by OMB in the
agency information collection request:
(i) A comparison of actual accom-
plishments to the objectives of the
Federal award established for the pe-
riod. Where the accomplishments of
the Federal award can be quantified, a
computation of the cost (for example,
related to units of accomplishment)
may be required if that information
will be useful. Where performance
trend data and analysis would be in-
formative to the Federal awarding
agency program, the Federal awarding
agency should include this as a per-
formance reporting requirement.
(ii) The reasons why established
goals were not met, if appropriate.
(iii) Additional pertinent information
including, when appropriate, analysis
and explanation of cost overruns or
high unit costs.
(d) Construction performance reports.

For the most part, onsite technical in-
spections and certified percentage of
completion data are relied on heavily
by Federal awarding agencies and pass -
through entities to monitor progress
under Federal awards and subawards
144

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Beaumont City CouncilMay 7, 2024

Beaumont City Council
May 7, 2024