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pdf200.48 General purpose equipment.
200.49 Generally Accepted Accounting Principles (GAAP).
200.50 Generally Accepted Government Auditing 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 requirements 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 Information (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.
PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
Subpart A—Acronyms and
Definitions
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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 Assistance (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 Disallowed costs.
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.
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Pt. 200
2 CFR Ch. II (1–1–14 Edition)
200.315 Intangible property.
200.316 Property trust relationship.
Subpart B—General Provisions
200.100 Purpose.
200.101 Applicability.
200.102 Exceptions.
200.103 Authorities.
200.104 Supersession.
200.105 Effect on other issuances.
200.106 Agency implementation.
200.107 OMB responsibilities.
200.108 Inquiries.
200.109 Review date.
200.110 Effective/applicability date.
200.111 English language.
200.112 Conflict of interest.
200.113 Mandatory disclosures.
PROCUREMENT STANDARDS
200.317 Procurements by states.
200.318 General procurement standards.
200.319 Competition.
200.320 Methods of procurement to be followed.
200.321 Contracting with small and minority
businesses, women’s business enterprises,
and labor surplus area firms.
200.322 Procurement of recovered materials.
200.323 Contract cost and price.
200.324 Federal awarding agency or passthrough entity review.
200.325 Bonding requirements.
200.326 Contract provisions.
Subpart C—Pre-Federal Award Requirements and Contents of Federal Awards
200.200 Purpose.
200.201 Use of grant agreements (including
fixed amount awards), cooperative agreements, and contracts.
200.202 Requirement to provide public notice of Federal financial assistance programs.
200.203 Notices of funding opportunities.
200.204 Federal awarding agency review of
merit of proposals.
200.205 Federal awarding agency review of
risk posed by applicants.
200.206 Standard application requirements.
200.207 Specific conditions.
200.208 Certifications and representations.
200.209 Pre-award costs.
200.210 Information contained in a Federal
award.
200.211 Public access to Federal award information.
PERFORMANCE AND FINANCIAL MONITORING
AND REPORTING
200.327 Financial reporting.
200.328 Monitoring and reporting program
performance.
200.329 Reporting on real property.
SUBRECIPIENT MONITORING AND MANAGEMENT
200.330 Subrecipient and contractor determinations.
200.331 Requirements for pass-through entities.
200.332 Fixed amount subawards.
RECORD RETENTION AND ACCESS
200.333 Retention requirements for records.
200.334 Requests for transfer of records.
200.335 Methods for collection, transmission
and storage of information.
200.336 Access to records.
200.337 Restrictions on public access to
records.
Subpart D—Post Federal Award
Requirements
STANDARDS FOR FINANCIAL AND PROGRAM
MANAGEMENT
REMEDIES FOR NONCOMPLIANCE
200.338 Remedies for noncompliance.
200.339 Termination.
200.340 Notification of termination requirement.
200.341 Opportunities to object, hearings
and appeals.
200.342 Effects of suspension and termination.
200.300 Statutory and national policy requirements.
200.301 Performance measurement.
200.302 Financial management.
200.303 Internal controls.
200.304 Bonds.
200.305 Payment.
200.306 Cost sharing or matching.
200.307 Program income.
200.308 Revision of budget and program
plans.
200.309 Period of performance.
CLOSEOUT
200.343
POST-CLOSEOUT ADJUSTMENTS AND
CONTINUING RESPONSIBILITIES
PROPERTY STANDARDS
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Closeout.
200.310 Insurance coverage.
200.311 Real property.
200.312 Federally-owned and exempt property.
200.313 Equipment.
200.314 Supplies.
200.344 Post-closeout adjustments and continuing responsibilities.
COLLECTION OF AMOUNTS DUE
200.345
Collection of amounts due.
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Pt. 200
200.438 Entertainment costs.
200.439 Equipment and other capital expenditures.
200.440 Exchange rates.
200.441 Fines, penalties, damages and other
settlements.
200.442 Fund raising and investment management costs.
200.443 Gains and losses on disposition of depreciable 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, including costs of computing devices.
200.454 Memberships, subscriptions, and professional 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 Termination costs.
200.472 Training and education costs.
200.473 Transportation costs.
200.474 Travel costs.
200.475 Trustees.
Subpart E—Cost Principles
GENERAL PROVISIONS
200.400
200.401
Policy guide.
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 approval).
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 unallowable costs.
DIRECT AND INDIRECT (F&A) COSTS
200.412
200.413
200.414
200.415
Classification of costs.
Direct costs.
Indirect (F&A) costs.
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 disclosure statement.
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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.
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.
Subpart F—Audit Requirements
GENERAL
200.500
Purpose.
AUDITS
200.501 Audit requirements.
200.502 Basis
for
determining
awards expended.
200.503 Relation to other audit
ments.
200.504 Frequency of audits.
200.505 Sanctions.
200.506 Audit costs.
200.507 Program-specific audits.
AUDITEES
200.508
200.509
Auditee responsibilities.
Auditor selection.
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Federal
require-
§ 200.0
2 CFR Ch. II (1–1–14 Edition)
200.510
200.511
200.512
Financial statements.
Audit findings follow-up.
Report submission.
200.513
Responsibilities.
CFR Code of Federal Regulations
CMIA Cash Management Improvement Act
COG Councils Of Governments
COSO Committee of Sponsoring Organizations of the Treadway Commission
D&B Dun and Bradstreet
DUNS Data
Universal
Numbering
System
EPA Environmental Protection Agency
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 Performance and Integrity Information System
FAR Federal Acquisition Regulation
FFATA Federal Funding Accountability 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 Contributions Act
FOIA Freedom of Information Act
FR Federal Register
FTE Full-time equivalent
GAAP Generally Accepted Accounting Principles
GAGAS Generally Accepted Government Accounting Standards
GAO General Accounting Office
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
OMB Office of Management and Budget
PII Personally Identifiable Information
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 Assistance Program
FEDERAL AGENCIES
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 NOTICE OF FUNDING OPPORTUNITY
APPENDIX II TO PART 200—CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS
APPENDIX III TO PART 200—INDIRECT (F&A)
COSTS IDENTIFICATION AND ASSIGNMENT,
AND RATE DETERMINATION FOR INSTITUTIONS 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 GOVERNMENT AND INDIAN TRIBE-WIDE CENTRAL SERVICE COST ALLOCATION PLANS
APPENDIX VI TO PART 200—PUBLIC ASSISTANCE COST ALLOCATION PLANS
APPENDIX VII TO PART 220—STATES AND
LOCAL GOVERNMENT AND INDIAN TRIBE INDIRECT COST PROPOSALS
APPENDIX VIII TO PART 200—NONPROFIT ORGANIZATIONS EXEMPTED FROM SUBPART
E—COST PRINCIPLES 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 SUPPLEMENT
AUTHORITY: 31 U.S.C. 503
SOURCE: 78 FR 78608, Dec. 26, 2013, unless
otherwise noted.
Subpart A—Acronyms and
Definitions
ACRONYMS
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§ 200.0
Acronyms.
ACRONYM
TERM
CAS Cost Accounting Standards
CFDA Catalog of Federal Domestic
Assistance
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§ 200.10
SPOC Single Point of Contact
TANF Temporary
Assistance
Needy Families
TFM Treasury Financial Manual
U.S.C. United States Code
VAT Value Added Tax
§ 200.5
for
§ 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 specifically to particular programs or activities. These definitions could be supplemented by additional instructional information provided in governmentwide
standard information collections.
§ 200.6
Auditee.
Auditee means any non-Federal entity 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
or local government audit organization, which meets the general standards specified in generally accepted
government
auditing
standards
(GAGAS). The term auditor does not
include internal auditors of nonprofit
organizations.
§ 200.2 Acquisition cost.
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 modifications, attachments, accessories, or auxiliary apparatus necessary to make it
usable for the purpose for which it is
acquired. Acquisition costs for software includes those development costs
capitalized in accordance with generally accepted accounting principles
(GAAP). Ancillary charges, such as
taxes, duty, protective in transit insurance, freight, and installation may be
included in or excluded from the acquisition cost in accordance with the nonFederal entity’s regular accounting
practices.
§ 200.8
Budget.
Budget means the financial plan for
the project or program that the Federal awarding agency or pass-through
entity 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.
§ 200.9 Central service cost allocation
plan.
§200.3 Advance payment.
Advance payment means a payment
that a Federal awarding agency or
pass-through entity makes by any appropriate payment mechanism, including a predetermined payment schedule,
before the non-Federal entity disburses
the funds for program purposes.
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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.
Central service cost allocation plan
means the documentation identifying,
accumulating, and allocating or developing billing rates based on the allowable costs of services provided by a
state, local government, or Indian tribe
on a centralized basis to its departments and agencies. The costs of these
services may be allocated or billed to
users.
§ 200.4 Allocation.
Allocation means the process of assigning a cost, or a group of costs, to
one or more cost objective(s), in reasonable proportion to the benefit provided 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.
§ 200.10 Catalog of Federal Domestic
Assistance (CFDA) number.
CFDA number means the number assigned to a Federal program in the
CFDA.
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§ 200.11
§ 200.11
2 CFR Ch. II (1–1–14 Edition)
tities to which specific provisions or
exceptions may apply.
CFDA program title.
CFDA program title means the title of
the program under which the Federal
award was funded in the CFDA.
§ 200.12
§ 200.16 Closeout.
Closeout means the process by which
the Federal awarding agency or passthrough entity determines that all applicable administrative actions and all
required work of the Federal award
have been completed and takes actions
as described in § 200.343 Closeout.
Capital assets.
Capital assets means tangible or intangible assets used in operations having a useful life of more than one year
which are capitalized in accordance
with GAAP. Capital assets include:
(a) Land, buildings (facilities), equipment, and intellectual property (including software) whether acquired by
purchase, construction, manufacture,
lease-purchase, exchange, or through
capital leases; and
(b) Additions, improvements, modifications,
replacements,
rearrangements, reinstallations, renovations or
alterations to capital assets that materially increase their value or useful life
(not ordinary repairs and maintenance).
§ 200.13
§ 200.17 Cluster of programs.
Cluster of programs means a grouping
of closely related programs that share
common compliance requirements. The
types of clusters of programs are research 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 subrecipients that meet the definition of a
cluster of programs. When designating
an ‘‘other cluster,’’ a state must identify 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 entities, paragraph (a). A cluster of programs must be considered as one program for determining major programs,
as described in § 200.518 Major program
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.
Capital expenditures.
Capital expenditures means expenditures to acquire capital assets or expenditures to make additions, improvements, modifications, replacements,
rearrangements, reinstallations, renovations, or alterations to capital assets that materially increase their
value or useful life.
§ 200.14
Claim.
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Claim means, depending on the context, either:
(a) A written demand or written assertion by one of the parties to a Federal 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 Federal award; or
(3) Other relief arising under or relating to a Federal award.
(b) A request for payment that is not
in dispute when submitted.
§ 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 cognizant 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 approving cost allocation plans or indirect
cost proposals developed under this
part on behalf of all Federal agencies.
§ 200.15 Class of Federal awards.
Class of Federal awards means a group
of Federal awards either awarded under
a specific program or group of programs or to a specific type of non-Federal entity or group of non-Federal en-
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§ 200.25
The cognizant agency for indirect cost
is not necessarily the same as the cognizant agency for audit. For assignments of cognizant agencies see the
following:
(a) For IHEs: Appendix III to Part
200—Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Institutions of Higher
Education (IHEs), paragraph C.10.
(b) For nonprofit organizations: Appendix IV to Part 200—Indirect (F&A)
Costs Identification and Assignment,
and Rate Determination for Nonprofit
Organizations, paragraph C.1.
(c) For state and local governments:
Appendix V to Part 200—State/Local
Government and Indian Tribe-Wide
Central Service Cost Allocation Plans,
paragraph F.1.
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 relationship the principal purpose of which is
to transfer anything of value from the
Federal awarding agency or passthrough entity to the non-Federal entity 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;
(b) Is distinguished from a grant in
that it provides for substantial involvement 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 development 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;
(ii) A subsidy;
(iii) A loan;
(iv) A loan guarantee; or
(v) Insurance.
§ 200.20 Computing devices.
Computing devices means machines
used to acquire, store, analyze, process,
and publish data and other information
electronically, including accessories
(or ‘‘peripherals’’) for printing, transmitting and receiving, or storing electronic information. See also §§ 200.94
Supplies and 200.58 Information technology systems.
§ 200.21 Compliance supplement.
Compliance supplement means Appendix XI to Part 200—Compliance Supplement (previously known as the Circular A–133 Compliance Supplement).
§ 200.25
§ 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 instrument, even if the non-Federal entity considers it a contract, when the
substance of the transaction meets the
definition of a Federal award or
subaward (see § 200.92 Subaward).
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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 developing an understanding between the
Federal agency and the non-Federal entity. This approach is based upon:
(a) A strong commitment by Federal
agency and non-Federal entity leadership to program integrity;
(b) Federal agencies strengthening
partnerships and working cooperatively with non-Federal entities and
their auditors; and non-Federal entities and their auditors working cooperatively with Federal agencies;
(c) A focus on current conditions and
corrective action going forward;
(d) Federal agencies offering appropriate relief for past noncompliance
when audits show prompt corrective
action has occurred; and
§ 200.23 Contractor.
Contractor means an entity that receives a contract as defined in § 200.22
Contract.
§ 200.24 Cooperative agreement.
Cooperative agreement means a legal
instrument of financial assistance be-
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§ 200.26
2 CFR Ch. II (1–1–14 Edition)
ty determines to be unallowable, in accordance with the applicable Federal
statutes, regulations, or the terms and
conditions of the Federal award.
(e) Federal agency leadership sending
a clear message that continued failure
to correct conditions identified by audits which are likely to cause improper
payments, fraud, waste, or abuse is unacceptable and will result in sanctions.
§ 200.32 Data Universal Numbering
System (DUNS) number.
DUNS number means the nine-digit
number established and assigned by
Dun and Bradstreet, Inc. (D&B) to
uniquely identify entities. A non-Federal entity is required to have a DUNS
number in order to apply for, receive,
and report on a Federal award. A DUNS
number may be obtained from D&B by
telephone (currently 866–705–5711) or
the Internet (currently at http://
fedgov.dnb.com/webform).
§ 200.26 Corrective action.
Corrective action means action taken
by the auditee that:
(a) Corrects identified deficiencies;
(b) Produces recommended improvements; 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.
§ 200.33 Equipment.
Equipment means tangible personal
property (including information technology systems) having a useful life of
more than one year and a per-unit acquisition cost which equals or exceeds
the lesser of the capitalization level established by the non-Federal entity for
financial statement purposes, or $5,000.
See also §§ 200.12 Capital assets, 200.20
Computing devices, 200.48 General purpose equipment, 200.58 Information
technology systems, 200.89 Special purpose equipment, and 200.94 Supplies.
§ 200.28 Cost objective.
Cost objective means a program, function, 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 & Administrative (F&A)) cost activity, as described
in Subpart E—Cost Principles of this
Part. See also §§ 200.44 Final cost objective and 200.60 Intermediate cost objective.
§ 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 consistently 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 payments and payments made to subrecipients.
(c) For reports prepared on an accrual basis, expenditures are the sum
of:
(1) Cash disbursements for direct
charges for property and services;
§ 200.29 Cost sharing or matching.
Cost sharing or matching means the
portion of project costs not paid by
Federal funds (unless otherwise authorized by Federal statute). See also
§ 200.306 Cost sharing or matching.
wreier-aviles on DSK5TPTVN1PROD with CFR
§ 200.30 Cross-cutting audit finding.
Cross-cutting audit finding means an
audit finding where the same underlying condition or issue affects Federal
awards of more than one Federal
awarding agency or pass-through entity.
§ 200.31 Disallowed costs.
Disallowed costs means those charges
to a Federal award that the Federal
awarding agency or pass-through enti-
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§ 200.40
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 assistance covered in paragraph (b) of § 200.40
Federal financial assistance, or the
cost-reimbursement contract awarded
under the Federal Acquisition Regulations.
(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 financial assistance, grant agreement,
and cooperative agreement.
(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 received;
(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 ‘‘agency’’ as
defined at 5 U.S.C. 551(1) and further
clarified by 5 U.S.C. 552(f).
§ 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.
§ 200.36 Federal Audit Clearinghouse
(FAC).
FAC means the clearinghouse designated 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://harvester.census.gov/sac/. Any future updates to the location of the FAC may
be found at the OMB Web site.
§ 200.37
§ 200.40 Federal financial assistance.
(a) For grants and cooperative agreements, Federal financial assistance
means assistance that non-Federal entities receive or administer in the form
of:
(1) Grants;
(2) Cooperative agreements;
(3) Non-cash contributions or donations of property (including donated
surplus property);
(4) Direct appropriations;
(5) Food commodities; and
(6) Other financial assistance (except
assistance listed in paragraph (b) of
this section).
(b) For Subpart F—Audit Requirements of this part, Federal financial assistance also includes assistance that
non-Federal entities receive 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 reimbursement for services rendered to individuals as described in § 200.502 Basis
for determining Federal awards expended, paragraph (h) and (i) of this
part.
Federal awarding agency.
Federal awarding agency means the
Federal agency that provides a Federal
award directly to a non-Federal entity.
wreier-aviles on DSK5TPTVN1PROD with CFR
§ 200.38
Federal award.
Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section:
(a)(1) The Federal financial assistance that a non-Federal entity receives
directly from a Federal awarding agency or indirectly from a pass-through
entity, as described in § 200.101 Applicability; or
(2) The cost-reimbursement contract
under the Federal Acquisition Regulations that a non-Federal entity receives directly from a Federal awarding agency or indirectly from a pass-
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§ 200.41
§ 200.41
2 CFR Ch. II (1–1–14 Edition)
type of Federal award reduces some of
the administrative burden and recordkeeping requirements for both the nonFederal entity and Federal awarding
agency or pass-through entity. Accountability is based primarily on performance and results. See §§ 200.201 Use
of grant agreements (including fixed
amount awards), cooperative agreements, and contracts, paragraph (b)
and 200.332 Fixed amount subawards.
Federal interest.
Federal interest means, for purposes of
§ 200.329 Reporting on real property 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:
(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 improving the property were included as
project costs.
§ 200.42
§ 200.46 Foreign public entity.
Foreign public entity means:
(a) A foreign government or foreign
governmental entity;
(b) A public international organization, which is an organization entitled
to enjoy privileges, exemptions, and
immunities as an international organization under the International Organizations Immunities Act (22 U.S.C. 288–
288f);
(c) An entity owned (in whole or in
part) or controlled by a foreign government; or
(d) Any other entity consisting wholly or partially of one or more foreign
governments or foreign governmental
entities.
Federal program.
Federal program means:
(a) All Federal awards which are assigned a single number in the CFDA.
(b) When no CFDA number is assigned, all Federal awards to non-Federal entities from the same agency
made for the same purpose should be
combined and considered one program.
(c) Notwithstanding paragraphs (a)
and (b) of this definition, a cluster of
programs. The types of clusters of programs are:
(1) Research and development (R&D);
(2) Student financial aid (SFA); and
(3) ‘‘Other clusters,’’ as described in
the definition of Cluster of Programs.
§ 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
are 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 organization 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 exempt under the laws of its country of
domicile and operation, and is not a
university, college, accredited degreegranting institution of education, private foundation, hospital, organization
engaged exclusively in research or scientific activities, church, synagogue,
mosque or other similar entities organized primarily for religious purposes;
or
§ 200.43 Federal share.
Federal share means the portion of
the total project costs that are paid by
Federal funds.
wreier-aviles on DSK5TPTVN1PROD with CFR
§ 200.44 Final cost objective.
Final cost objective means a cost objective which has allocated to it both
direct and indirect costs and, in the
non-Federal entity’s accumulation system, is one of the final accumulation
points, such as a particular award, internal project, or other direct activity
of a non-Federal entity. See also
§§ 200.28 Cost objective and 200.60 Intermediate cost objective.
§ 200.45 Fixed amount awards.
Fixed amount awards means a type of
grant agreement under which the Federal awarding agency or pass-through
entity provides a specific level of support without regard to actual costs incurred under the Federal award. This
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§ 200.55
(d) An organization located in a
country other than the United States
not recognized as a Foreign Public Entity.
(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.
§ 200.48 General purpose equipment.
General purpose equipment means
equipment which is not limited to research, medical, scientific or other
technical activities. Examples include
office equipment and furnishings, modular offices, telephone networks, information technology equipment and systems, air conditioning equipment, reproduction and printing equipment,
and motor vehicles. See also Equipment and Special Purpose Equipment.
§ 200.52
§ 200.53
Improper payment.
(a) Improper payment means any payment that should not have been made
or that was made in an incorrect
amount (including overpayments and
underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and
(b) Improper payment includes any
payment to an ineligible party, any
payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received
(except for such payments where authorized by law), any payment that
does not account for credit for applicable discounts, and any payment where
insufficient or lack of documentation
prevents a reviewer from discerning
whether a payment was proper.
§ 200.49 Generally Accepted Accounting Principles (GAAP).
GAAP has the meaning specified in
accounting standards issued by the
Government
Accounting
Standards
Board (GASB) and the Financial Accounting Standards Board (FASB).
§ 200.50 Generally Accepted Government Auditing Standards (GAGAS).
GAGAS means generally accepted
government auditing standards issued
by the Comptroller General of the
United States, which are applicable to
financial audits.
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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.
§ 200.51 Grant agreement.
Grant agreement means a legal instrument of financial assistance between a
Federal awarding agency or passthrough entity and a non-Federal entity that, consistent with 31 U.S.C. 6302,
6304:
(a) Is used to enter into a relationship the principal purpose of which is
to transfer anything of value from the
Federal awarding agency or passthrough entity to the non-Federal entity 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 agency or pass-through
entity’s direct benefit or use;
(b) Is distinguished from a cooperative agreement in that it does not provide for substantial involvement between the Federal awarding agency or
pass-through entity and the non-Federal entity in carrying out the activity
contemplated by the Federal award.
§ 200.54 Indian tribe (or ‘‘federally recognized Indian tribe’’).
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 because 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 Receive Services.
§ 200.55 Institutions of Higher Education (IHEs).
IHE is defined at 20 U.S.C. 1001.
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§ 200.56
2 CFR Ch. II (1–1–14 Edition)
to one or more indirect cost pools or
final cost objectives. See also § 200.28
Cost objective and § 200.44 Final cost
objective.
§ 200.56 Indirect (facilities & administrative (F&A)) costs.
Indirect (F&A) costs means those costs
incurred for a common or joint purpose
benefitting more than one cost objective, and not readily assignable to the
cost objectives specifically benefitted,
without effort disproportionate to the
results achieved. To facilitate equitable 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 should be distributed
to benefitted cost objectives on bases
that will produce an equitable result in
consideration of relative benefits derived.
§ 200.61
§ 200.62 Internal control over compliance requirements for Federal
awards.
§ 200.57 Indirect cost rate proposal.
Indirect cost rate proposal means the
documentation prepared by a non-Federal 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 Identification and Assignment, and Rate
Determination for Institutions of Higher Education (IHEs) through Appendix
VII to Part 200—States and Local Government and Indian Tribe Indirect Cost
Proposals of this part.
Internal control over compliance requirements 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 recorded and accounted for, in order to:
(1) Permit the preparation of reliable
financial statements and Federal reports;
(2) Maintain accountability over assets; and
(3) Demonstrate compliance with
Federal statutes, regulations, and the
terms and conditions of the Federal
award;
(b) Transactions are executed in compliance with:
(1) Federal statutes, regulations, and
the terms and conditions of the Federal
award that could have a direct and material 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 unauthorized use or disposition.
§ 200.58 Information technology systems.
Information technology systems means
computing devices, ancillary equipment, 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.
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 instruments, lease agreements, stock and
other instruments of property ownership (whether the property is tangible
or intangible).
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Internal controls.
Internal controls means a process, implemented by a non-Federal entity, designed to provide reasonable assurance
regarding the achievement of objectives in the following categories:
(a) Effectiveness and efficiency of operations;
(b) Reliability of reporting for internal and external use; and
(c) Compliance with applicable laws
and regulations.
§ 200.63
§ 200.60 Intermediate cost objective.
Intermediate cost objective means a
cost objective that is used to accumulate indirect costs or service center
costs that are subsequently allocated
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 income.
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§ 200.68
(m) Any other agency or instrumentality of a multi-, regional, or intrastate or local government.
(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 repayment of such funds with or without
interest. The term includes the purchase 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 Commodity Credit Corporation.
(b) The term ‘‘direct loan obligation’’
means a binding agreement by a Federal awarding agency to make a direct
loan when specified conditions are fulfilled by the borrower.
(c) The term ‘‘loan guarantee’’ means
any Federal government guarantee, insurance, or other pledge with respect
to the payment of all or a part of the
principal or interest on any debt obligation of a non-Federal borrower to a
non-Federal lender, but does not include the insurance of deposits, shares,
or other withdrawable accounts in financial institutions.
(d) The term ‘‘loan guarantee commitment’’ means a binding agreement
by a Federal awarding agency to make
a loan guarantee when specified conditions are fulfilled by the borrower, the
lender, or any other party to the guarantee agreement.
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§ 200.64
§ 200.65 Major program.
Major program means a Federal program determined by the auditor to be a
major program in accordance with
§ 200.518 Major program determination
or a program identified as a major program by a Federal awarding agency or
pass-through entity in accordance with
§ 200.503 Relation to other audit requirements, paragraph (e).
§ 200.66 Management decision.
Management decision means the evaluation 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 action is necessary.
§ 200.67 Micro-purchase.
Micro-purchase means a purchase of
supplies or services using simplified acquisition procedures, the aggregate
amount of which does not exceed the
micro-purchase threshold. Micro-purchase procedures comprise a subset of a
non-Federal entity’s small purchase
procedures. The non-Federal entity
uses such procedures in order to expedite the completion of its lowest-dollar
small purchase transactions and minimize the associated administrative
burden and cost. The micro-purchase
threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1
(Definitions). It is $3,000 except as otherwise discussed in Subpart 2.1 of that
regulation, but this threshold is periodically adjusted for inflation.
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;
(l) Council of governments, whether
or not incorporated as a nonprofit corporation under state law; and
§ 200.68 Modified Total Direct Cost
(MTDC).
MTDC means all direct salaries and
wages, applicable fringe benefits, materials and supplies, services, travel, and
subawards and subcontracts up to the
first $25,000 of each subaward or subcontract (regardless of the period of
performance of the subawards and subcontracts under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental
costs, tuition remission, scholarships
and fellowships, participant support
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§ 200.69
2 CFR Ch. II (1–1–14 Edition)
costs and the portion of each subaward
and subcontract in excess of $25,000.
Other items may only be excluded
when necessary to avoid a serious inequity in the distribution of indirect
costs, and with the approval of the cognizant agency for indirect costs.
sight agency for audit and the process
for any reassignments are described in
§ 200.513 Responsibilities, paragraph (b).
§ 200.74 Pass-through entity.
Pass-through entity means a non-Federal entity that provides a subaward to
a subrecipient to carry out part of a
Federal program.
§ 200.69 Non-Federal entity.
Non-Federal entity 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.
§ 200.75 Participant support costs.
Participant support costs means direct
costs for items such as stipends or subsistence allowances, travel allowances,
and registration fees paid to or on behalf of participants or trainees (but not
employees) in connection with conferences, or training projects.
§ 200.70 Nonprofit organization.
Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:
(a) Is operated primarily for scientific, educational, service, charitable, 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.
§ 200.76 Performance goal.
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 quantitative standard, value, or rate. In
some instances (e.g., discretionary research awards), this may be limited to
the requirement to submit technical
performance reports (to be evaluated in
accordance with agency policy).
§ 200.71 Obligations.
When used in connection with a nonFederal 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.
§ 200.77 Period of performance.
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 performance in the Federal award (see §§ 200.210
Information contained in a Federal
award paragraph (a)(5) and 200.331 Requirements for pass-through entities,
paragraph (a)(1)(iv)).
wreier-aviles on DSK5TPTVN1PROD with CFR
§ 200.72 Office of Management and
Budget (OMB).
OMB means the Executive Office of
the President, Office of Management
and Budget.
§ 200.78 Personal property.
Personal property means property
other than real property. It may be
tangible, having physical existence, or
intangible.
§ 200.73 Oversight agency for audit.
Oversight agency for audit means the
Federal awarding agency that provides
the predominant amount of funding directly to a non-Federal entity not assigned a 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 responsibilities. The duties of the over-
§ 200.79 Personally Identifiable Information (PII).
PII means information that can be
used to distinguish or trace an individual’s identity, either alone or when
combined with other personal or identifying information that is linked or
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§ 200.86
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 information 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 credentials. The definition of PII is not
anchored to any single category of information or technology. Rather, it requires a case-by-case assessment of the
specific risk that an individual can be
identified. Non-PII can become PII
whenever additional information is
made publicly available, in any medium and from any source, that, when
combined with other available information, could be used to identify an individual.
§ 200.80
§ 200.82 Protected Personally Identifiable 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 maiden name, criminal, medical and financial records, educational transcripts.
This does not include PII that is required by law to be disclosed. (See also
§ 200.79 Personally Identifiable Information (PII)).
§ 200.83
Program income.
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Program income means gross income
earned by the non-Federal entity that
is directly generated by a supported activity or earned as a result of the Federal award during the period of performance. (See § 200.77 Period of performance.) Program income includes
but is not limited to income from fees
for services performed, the use or rental or real or personal 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 Federal award funds. Interest
earned on advances of Federal funds is
not program income. Except as otherwise provided in Federal statutes, regulations, or the terms and conditions of
the Federal award, program income
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 inventions made under Federal awards.
§ 200.81
Project cost.
Project cost means total allowable
costs incurred under a Federal award
and all required cost sharing and voluntary committed cost sharing, including 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, regulation, or the terms and conditions of a
Federal award, including for funds used
to match Federal funds;
(b) Where the costs, at the time of
the audit, are not supported by adequate documentation; or
(c) Where the costs incurred appear
unreasonable and do not reflect the actions a prudent person would take in
the circumstances.
§ 200.85
Real property.
Real property means land, including
land improvements, structures and appurtenances 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.
Property.
Property means real property or personal property.
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§ 200.87
2 CFR Ch. II (1–1–14 Edition)
§ 200.87 Research and Development
(R&D).
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 the same facilities as other research and development activities and
where such activities are not included
in the instruction function.
‘‘Research’’ is defined as a systematic study directed toward fuller scientific knowledge or understanding of
the subject studied. ‘‘Development’’ is
the systematic use of knowledge and
understanding gained from research directed toward the production of useful
materials, devices, systems, or methods, including design and development
of prototypes and processes.
Commonwealth of Puerto Rico, the
Virgin
Islands,
Guam,
American
Samoa, the Commonwealth of the
Northern Mariana Islands, and any
agency or instrumentality thereof exclusive of local governments.
§ 200.88 Simplified acquisition threshold.
Simplified acquisition threshold means
the dollar amount below which a nonFederal entity may purchase property
or services using small purchase methods. Non-Federal entities adopt small
purchase procedures in order to expedite the purchase of items costing less
than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition
Regulation at 48 CFR Subpart 2.1 (Definitions) 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 Micropurchase.)
Subaward means an award provided
by a pass-through entity to a subrecipient for the subrecipient to carry
out part of a Federal award received by
the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A
subaward may be provided through any
form of legal agreement, including an
agreement that the pass-through entity considers a contract.
§ 200.91
Student Financial Aid (SFA).
SFA means Federal awards under
those programs of general student assistance, 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. Department of Education, and similar
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
§ 200.93
Subaward.
Subrecipient.
Subrecipient means a non-Federal entity that receives a subaward from a
pass-through entity to carry out part
of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient
may also be a recipient of other Federal awards directly from a Federal
awarding agency.
§ 200.89 Special purpose equipment.
Special purpose equipment means
equipment which is used only for research, medical, scientific, or other
technical activities. Examples of special purpose equipment include microscopes, x-ray machines, surgical instruments, and spectrometers. See also
§§ 200.33 Equipment and 200.48 General
purpose equipment.
§ 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 capitalization level established by the non-Federal entity for financial statement purposes or $5,000, regardless of the length
of its useful life. See also §§ 200.20 Computing devices and 200.33 Equipment.
§ 200.90 State.
State means any state of the United
States, the District of Columbia, the
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OMB Guidance
§ 200.100
Federal awards to non-Federal entities,
as described in § 200.101 Applicability.
Federal awarding agencies must not
impose additional or inconsistent requirements, except as provided in
§§ 200.102 Exceptions and 200.210 Information contained in a Federal award,
or unless specifically required by Federal statute, regulation, or Executive
Order.
(2) This part provides the basis for a
systematic and periodic collection and
uniform submission by Federal agencies of information on all Federal financial assistance programs to the Office of Management and Budget (OMB).
It also establishes Federal policies related to the delivery of this information to the public, including through
the use of electronic media. It prescribes the manner in which General
Services Administration (GSA), OMB,
and Federal agencies that administer
Federal financial assistance programs
are to carry out their statutory responsibilities under the Federal Program
Information Act (31 U.S.C. 6101–6106).
(b)
Administrative
requirements.
Subparts B through D of this part set
forth the uniform administrative requirements for grant and cooperative
agreements, including the requirements for Federal awarding agency
management of Federal grant programs before the Federal award has
been made, and the requirements Federal awarding agencies may impose on
non-Federal entities in the Federal
award.
(c) Cost Principles. Subpart E—Cost
Principles of this part establishes principles for determining the allowable
costs incurred by non-Federal entities
under Federal awards. The principles
are for the purpose of cost determination and are not intended to identify
the circumstances or dictate the extent
of Federal government 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—Audit Requirements of this part is issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501–7507). It
§ 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 contributions.
Third-party
in-kind
contributions
means the value of non-cash contributions (i.e., property or services) that—
(a) Benefit a federally assisted
project or program; and
(b) Are contributed by non-Federal
third parties, without charge, to a nonFederal entity under a Federal award.
§ 200.97 Unliquidated obligations.
Unliquidated obligations means, for financial reports prepared on a cash
basis, obligations incurred by the nonFederal entity that have not been paid
(liquidated). For reports prepared on an
accrual expenditure basis, these are obligations 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 obligated. 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 cumulative amount of the funds that the
Federal awarding agency or passthrough entity authorized the non-Federal 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 Federal award.
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Subpart B—General Provisions
§ 200.100 Purpose.
(a)(1) This part establishes uniform
administrative
requirements,
cost
principles, and audit requirements for
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§ 200.101
2 CFR Ch. II (1–1–14 Edition)
sets forth standards for obtaining consistency and uniformity among Federal
agencies for the audit of non-Federal
entities expending Federal awards.
These provisions also provide the policies and procedures for Federal awarding agencies and pass-through entities
when using the results of these audits.
(e) For OMB guidance to Federal
awarding agencies on Challenges and
Prizes, please see M–10–11 Guidance on
the Use of Challenges and Prizes to
Promote Open Government, issued
March 8, 2010, or its successor.
scribes 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 section of this part or the terms
and conditions of the Federal award
specifically indicate otherwise. This
means that non-Federal entities must
comply with requirements in this part
regardless of whether the non-Federal
entity is a recipient or subrecipient of
a Federal award. Pass-through entities
must comply with the requirements described in Subpart D—Post Federal
Award Requirements of this part,
§§ 200.330 Subrecipient and contractor
determinations through 200.332 Fixed
amount Subawards, but not any requirements in this part directed towards Federal awarding agencies unless the requirements of this part or
the terms and conditions of the Federal
award indicate otherwise.
§ 200.101 Applicability.
(a) General applicability to Federal
agencies. The requirements established
in this part apply to Federal agencies
that make Federal awards to non-Federal entities. These requirements are
applicable to all costs related to Federal awards.
(b)(1) Applicability to different types of
Federal awards. The following table de-
Are applicable to the following types of
Federal Awards (except as noted in
paragraphs (d) and (e) of this section):
The following portions of the part:
Are NOT applicable to the following
types of Federal Awards:
This table must be read along with the other provisions of this section
Authority: 31 U.S.C. 503
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, and § 200.113
—All.
—All.
—Grant agreements and cooperative
agreements
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Mandatory disclosures
Subparts C–D, except for Subrecipient
Monitoring and Management
—Grant agreements and cooperative
agreements
Subpart D—Post Federal Award Requirements, Subrecipient Monitoring and
Management
Subpart E—Cost Principles
—All.
Subpart F—Audit Requirements
—All.
—Grant agreements and cooperative
agreements, except those providing
food commodities
—Cost-reimbursement contracts awarded under the Federal Acquisition Regulations and cost-reimbursement subcontracts under these contracts in accordance with the FAR
—Agreements for: loans, loan guarantees, interest subsidies, and insurance.
—Cost-reimbursement contracts awarded under the Federal Acquisition Regulations and cost-reimbursement subcontracts under these contracts.
—Agreements for: loans, loan guarantees, interest subsidies, and insurance.
—Cost-reimbursement contracts awarded under the Federal Acquisition Regulations and cost-reimbursement subcontracts under these contracts.
—Grant agreements and cooperative
agreements providing food commodities.
—Fixed amount awards.
—Agreements for: loans, loan guarantees, interest subsidies, insurance.
—Federal awards to hospitals (see Appendix IX to Part 200—Hospital Cost
Principles).
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§ 200.101
(2) Federal award of cost-reimbursement
contract under the FAR to a non-Federal
entity. When a non-Federal entity is
awarded a cost-reimbursement contract, only Subpart D—Post Federal
Award Requirements of this part,
§§ 200.330 Subrecipient and contractor
determinations through 200.332 Fixed
amount Subawards (in addition to any
FAR
related
requirements
for
subaward monitoring), Subpart E—
Cost Principles of this part and Subpart F—Audit Requirements of this
part are incorporated by reference into
the contract. However, when the Cost
Accounting Standards (CAS) are applicable to the contract, they take precedence over the requirements of this
part except for Subpart F—Audit Requirements of this part when they are
in conflict. 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 subpart 31.2 and subpart
31.603 are always unallowable. For requirements other than those covered in
Subpart D—Post Federal Award Requirements of this part, §§ 200.330 Subrecipient and contractor determinations through 200.332 Fixed amount
Subawards, Subpart E—Cost Principles
of this part and Subpart F—Audit Requirements of this part, the terms of
the contract and the FAR apply.
(3) With the exception of Subpart F—
Audit Requirements of this part, which
is required by the Single Audit Act, in
any circumstances where the provisions 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 provisions of the Indian Self-Determination and Education and Assistance Act
(ISDEAA), as amended, 25 U.S.C 450–
458ddd–2.
(c) Federal agencies may apply subparts A through E of this part to forprofit entities, foreign public entities,
or foreign organizations, except where
the Federal awarding agency determines that the application these subparts would be inconsistent with the
international obligations of the United
States or the statute or regulations of
a foreign government.
(d) Except for § 200.202 Requirement
to provide public notice of Federal fi-
nancial
assistance
programs
and
§§ 200.330 Subrecipient and contractor
determinations through 200.332 Fixed
amount Subawards of Subpart D—Post
Federal Award Requirements of this
part, the requirements in Subpart C—
Pre-Federal Award Requirements and
Contents of Federal Awards, Subpart
D—Post Federal Award Requirements
of this part, and Subpart E—Cost Principles of this part do not apply to the
following programs:
(1) The block grant awards authorized by the Omnibus Budget Reconciliation Act of 1981 (including Community
Services; Preventive Health and Health
Services; Alcohol, Drug Abuse, and
Mental Health Services; Maternal and
Child Health Services; Social Services;
Low-Income Home Energy Assistance;
States’ Program of Community Development Block Grant Awards for Small
Cities; and Elementary and Secondary
Education other than programs administered by the Secretary of Education
under title V, subtitle D, chapter 2,
section 583—the Secretary’s discretionary award program) and both the
Alcohol and Drug Abuse Treatment
and Rehabilitation Block Grant Award
(42 U.S.C. 300x–21 to 300x–35 and 42
U.S.C. 300x–51 to 300x64) and the Mental
Health Service for the Homeless Block
Grant Award (42 U.S.C. 300x to 300x–9)
under the Public Health Services Act.
(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 Matching Funds of the Child Care and Development Fund (42 U.S.C. 9858)
(e) Except for § 200.202 Requirement
to provide public notice of Federal financial assistance programs the guidance in Subpart C—Pre-Federal Award
Requirements and Contents of Federal
Awards 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:
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§ 200.102
2 CFR Ch. II (1–1–14 Edition)
(i) Temporary Assistance to Needy
Families (title IV–A of the Social Security Act, 42 U.S.C. 601–619);
(ii) Child Support Enforcement and
Establishment of Paternity (title IV–D
of the Social Security Act, 42 U.S.C.
651–669b);
(iii) Foster Care and Adoption Assistance (title IV–E of the Act, 42 U.S.C.
670–679c);
(iv) Aid to the Aged, Blind, and Disabled (titles I, X, XIV, and XVI–AABD
of the Act, as amended); and
(v) Medical Assistance (Medicaid)
(title XIX of the Act, 42 U.S.C. 1396–
1396w–5) not including the State Medicaid Fraud Control program authorized by section 1903(a)(6)(B) of the Social
Security
Act
(42
U.S.C.
1396b(a)(6)(B)).
(2) A Federal award for an experimental, pilot, or demonstration project
that is also supported by a Federal
award listed in paragraph (e)(1) of this
section;
(3) Federal awards under subsection
412(e) of the Immigration and Nationality Act and subsection 501(a) of the
Refugee Education Assistance Act of
1980 (Pub. L. 96–422, 94 Stat. 1809), for
cash assistance, medical assistance,
and supplemental security income benefits to refugees and entrants and the
administrative costs of providing the
assistance and benefits (8 U.S.C.
1522(e));
(4) Entitlement awards under the following 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 Program (section 17 of the Act, 42 U.S.C.
1766).
(5) Entitlement awards under the following programs of The Child Nutrition Act of 1966:
(i) Special Milk Program (section 3 of
the Act, 42 U.S.C. 1772),
(ii) School Breakfast Program (section 4 of the Act, 42 U.S.C. 1773), and
(iii) State Administrative Expenses
(section 7 of the Act, 42 U.S.C. section
1776).
(6) Entitlement awards for State Administrative Expenses under The Food
and Nutrition Act of 2008 (section 16 of
the Act, 7 U.S.C. 2025).
(7) Non-discretionary Federal awards
under the following non-entitlement
programs:
(i) Special Supplemental Nutrition
Program for Women, Infants and Children (section 17 of the Child Nutrition
Act of 1966) 42 U.S.C. section 1786;
(ii) The Emergency Food Assistance
Programs (Emergency Food Assistance
Act of 1983) 7 U.S.C. section 7501 note;
and
(iii) Commodity Supplemental Food
Program (section 5 of the Agriculture
and Consumer Protection Act of 1973) 7
U.S.C. section 612c note.
§ 200.102 Exceptions.
(a) With the exception of Subpart F—
Audit Requirements of this part, OMB
may allow exceptions for classes of
Federal awards or non-Federal entities
subject to the requirements of this part
when exceptions are not prohibited by
statute. However, in the interest of
maximum uniformity, exceptions from
the requirements of this part will be
permitted
only
in
unusual
circumstances. Exceptions for classes of
Federal awards or non-Federal entities
will be published on the OMB Web site
at www.whitehouse.gov/omb.
(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. No
case-by-case exceptions may be granted to the provisions of Subpart F—
Audit Requirements of this part.
(c) The Federal awarding agency may
apply more restrictive requirements to
a class of Federal awards or non-Federal entities when approved by OMB,
required by Federal statutes or regulations except for the requirements in
Subpart F—Audit Requirements of this
part. A Federal awarding agency may
apply less restrictive requirements
when making fixed amount awards as
defined in Subpart A—Acronyms and
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§ 200.106
wreier-aviles on DSK5TPTVN1PROD with CFR
Definitions of this part, except for
those requirements imposed by statute
or in Subpart F—Audit Requirements
of this part.
(d) On a case-by-case basis, OMB will
approve new strategies for Federal
awards when proposed by the Federal
awarding agency in accordance with
OMB guidance (such as M–13–17) to develop additional evidence relevant to
addressing important policy challenges
or to promote cost-effectiveness in and
across Federal programs. Proposals
may draw on the innovative program
designs discussed in M–13–17 to expand
or improve the use of effective practices in delivering Federal financial assistance while also encouraging innovation in service delivery. Proposals
submitted to OMB in accordance with
M–13–17 may include requests to waive
requirements other than those in Subpart F—Audit Requirements of this
part.
and Budget and the Domestic Policy
Council in the Executive Office of the
President.’’
(c) Subpart F—Audit Requirements
of this part is authorized under the
Single Audit Act Amendments of 1996,
(31 U.S.C. 7501–7507).
§ 200.104 Supersession.
As described in § 200.110 Effective/applicability date, this part supersedes
the following OMB guidance documents
and regulations under Title 2 of the
Code of Federal Regulations:
(a) A–21, ‘‘Cost Principles for Educational Institutions’’ (2 CFR part 220);
(b) A–87, ‘‘Cost Principles for State,
Local and Indian Tribal Governments’’
(2 CFR part 225) and also FEDERAL REGISTER notice 51 FR 552 (January 6, 1986);
(c) A–89, ‘‘Federal Domestic Assistance Program Information’’;
(d) A–102, ‘‘Grant Awards and Cooperative 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 Nonprofit Organizations’’ (codified at 2
CFR 215);
(f) A–122, ‘‘Cost Principles for NonProfit Organizations’’ (2 CFR part 230);
(g) A–133, ‘‘Audits of States, Local
Governments and Non-Profit Organizations,’’; and
(h) Those sections of A–50 related to
audits performed under Subpart F—
Audit Requirements of this part.
§ 200.103 Authorities.
This part is issued under the following authorities.
(a) Subpart B—General Provisions of
this part through Subpart D—Post Federal Award Requirements of this part
are authorized under 31 U.S.C. 503 (the
Chief Financial Officers Act, Functions
of the Deputy Director for Management), 31 U.S.C. 1111 (Improving Economy and Efficiency of the United
States Government), 41 U.S.C. 1101–1131
(the Office of Federal Procurement
Policy Act), Reorganization Plan No. 2
of 1970, and Executive 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 (Public Law
95–220 and Public Law 98–169, as amended, codified at 31 U.S.C. 6101–6106).
(b) Subpart E—Cost Principles of this
part is authorized 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 No. 11541, ‘‘Prescribing the
Duties of the Office of Management
§ 200.105 Effect on other issuances.
For Federal awards subject to this
part, all administrative requirements,
program manuals, handbooks and other
non-regulatory materials that are inconsistent with the requirements of
this part must be superseded upon implementation of this part by the Federal agency, except to the extent they
are required by statute or authorized
in accordance with the provisions in
§ 200.102 Exceptions.
§ 200.106 Agency implementation.
The specific requirements and responsibilities of Federal agencies and
non-Federal entities are set forth in
this part. Federal agencies making
Federal awards to non-Federal entities
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§ 200.107
2 CFR Ch. II (1–1–14 Edition)
must implement the language in the
Subpart C—Pre-Federal Award Requirements and Contents of Federal
Awards of this part through Subpart
F—Audit Requirements of this part in
codified regulations unless different
provisions are required by Federal statute or are approved by OMB.
§ 200.111
§ 200.107 OMB responsibilities.
OMB will review Federal agency regulations and implementation of this
part, and will provide interpretations
of policy requirements and assistance
to ensure effective and efficient implementation. Any exceptions will be subject to approval by OMB. Exceptions
will only be made in particular cases
where adequate justification is presented.
§ 200.108 Inquiries.
Inquiries concerning this part may be
directed to the Office of Federal Financial Management Office of Management 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 appropriate.
§ 200.112
§ 200.109 Review date.
OMB will review this part at least
every five years after December 26,
2013.
wreier-aviles on DSK5TPTVN1PROD with CFR
English language.
(a) All Federal financial assistance
announcements and Federal award information must be in the English language. 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 application by converting the foreign currency to United States currency using
the date specified for receipt of the application.
(b) Non-Federal entities may translate the Federal award and other documents 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 meaning will control. Where a significant
portion of the non-Federal entity’s employees who are working on the Federal 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.
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 potential conflict of interest to the Federal awarding agency or pass-through
entity in accordance with applicable
Federal awarding agency policy.
§ 200.110 Effective/applicability date.
(a) The standards set forth in this
part which affect administration of
Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when
any future amendment to this part becomes final. Federal agencies must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by
December 26, 2014 unless different provisions are required by statute or approved by OMB.
(b) The standards set forth in Subpart F—Audit Requirements of this
part and any other standards which
apply directly to Federal agencies will
be effective December 26, 2013 and will
apply to audits of fiscal years beginning on or after December 26, 2014.
§ 200.113
Mandatory disclosures.
The non-Federal entity or applicant
for a Federal award must disclose, in a
timely manner, in writing to the Federal awarding agency or pass-through
entity all violations of Federal criminal law involving fraud, bribery, or
gratuity violations potentially affecting the Federal award. Failure to make
required disclosures can result in any
of the remedies described in § 200.338
Remedies for noncompliance, including
suspension or debarment. (See also 2
CFR part 180 and 31 U.S.C. 3321).
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OMB Guidance
§ 200.202
ty may use fixed amount awards if the
project scope is specific and if adequate
cost, historical, or unit pricing data is
available to establish a fixed amount
award with assurance that the nonFederal entity will realize no increment above actual cost. 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 advance, 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 defined unit or units, at a defined price or
prices, agreed to in advance of performance 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 mandatory cost sharing or match.
(3) The non-Federal entity must certify 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 Federal award must be adjusted.
(4) Periodic reports may be established 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 agency or pass-through entity.
Subpart C—Pre-Federal Award
Requirements and Contents of
Federal Awards
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§ 200.200 Purpose.
(a) Sections 200.201 Use of grant
agreements (including fixed amount
awards), cooperative agreements, and
contracts through 200.208 Certifications
and representations. Prescribe instructions and other pre-award matters to
be used in the announcement and application process.
(b) Use of §§ 200.203 Notices of funding
opportunities, 200.204 Federal awarding
agency review of merit of proposals,
200.205 Federal awarding agency review
of risk posed by applicants, and 200.207
Specific conditions, is required only for
competitive Federal awards, but may
also be used by the Federal awarding
agency for non-competitive awards
where appropriate or where required by
Federal statute.
§ 200.201 Use of grant agreements (including fixed amount awards), cooperative agreements, and contracts.
(a) The Federal awarding agency or
pass-through entity must decide on the
appropriate instrument for the Federal
award (i.e., grant agreement, cooperative agreement, 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 § 200.332 Fixed
amount subawards, may use fixed
amount awards (see § 200.45 Fixed
amount awards) to which the following
conditions apply:
(1) Payments are based on meeting
specific requirements of the Federal
award. Accountability is based on performance and results. The Federal
award amount is negotiated using the
cost principles (or other pricing information) as a guide. Except in the case
of termination before completion of
the Federal award, there is no governmental review of the actual costs incurred by the non-Federal entity in
performance of the award. The Federal
awarding agency or pass-through enti-
§ 200.202 Requirement to provide public notice of Federal financial assistance programs.
(a) The Federal awarding agency
must notify the public of Federal programs in the Catalog of Federal Domestic Assistance (CFDA), maintained
by the General Services Administration (GSA).
(1) The CFDA, or any OMB-designated replacement, is the single, authoritative,
governmentwide
comprehensive source of Federal financial
assistance program information produced by the executive branch of the
Federal government.
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§ 200.203
2 CFR Ch. II (1–1–14 Edition)
(2) The information that the Federal
awarding agency must submit to GSA
for approval by OMB is listed in paragraph (b) of this section. GSA must
prescribe the format for the submission.
(3) The Federal awarding agency may
not award Federal financial assistance
without assigning it to a program that
has been included in the CFDA as required in this section unless there are
exigent circumstances requiring otherwise, such as timing requirements imposed by statute.
(b) For each program that awards
discretionary Federal awards, non-discretionary Federal awards, loans, insurance, or any other type of Federal
financial
assistance,
the
Federal
awarding agency must submit the following information to GSA:
(1) Program Description, Purpose,
Goals and Measurement. A brief summary of the statutory or regulatory requirements of the program and its intended outcome. Where appropriate,
the Program Description, Purpose,
Goals, and Measurement should align
with the strategic goals and objectives
within the Federal awarding agency’s
performance plan and should support
the Federal awarding agency’s performance measurement, management,
and reporting as required by Part 6 of
OMB Circular A–11;
(2) Identification of whether the program makes Federal awards on a discretionary basis or the Federal awards
are prescribed by Federal statute, such
as in the case of formula grants.
(3) Projected total amount of funds
available for the program. Estimates
based on previous year funding are acceptable if current appropriations are
not available at the time of the submission;
(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 associated funding identifier (e.g., Treasury
Account Symbol(s));
(5) General Eligibility Requirements:
The statutory, regulatory or other eligibility factors or considerations that
determine the applicant’s qualification
for Federal awards under the program
(e.g., type of non-Federal entity); and
(6) Applicability of Single Audit Requirements as required by Subpart F—
Audit Requirements of this part.
§ 200.203 Notices of funding opportunities.
For competitive grants and cooperative agreements, the Federal awarding
agency must announce 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 following information posted on the OMBdesignated governmentwide Web site
for finding and applying for Federal financial 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 announcement of this funding opportunity or a modification of a previously announced opportunity);
(4) Funding Opportunity Number (required, if applicable). If the Federal
awarding agency has assigned or will
assign a number to the funding opportunity announcement, this number
must be provided;
(5) Catalog of Federal Financial Assistance (CFDA) 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-applications. For any announcement issued
before a program’s application materials are available, key dates also include the date on which those materials will be released; and any other additional information, as deemed applicable by the relevant Federal awarding
agency.
(b) 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 calendar days unless exigent circumstances require as
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§ 200.205
determined by the Federal awarding
agency head or delegate.
(c) Full Text of Funding Opportunities.
The Federal awarding agency must include the following information in the
full text of each funding opportunity.
For specific instructions on the content required in this section, refer to
Appendix I to Part 200—Full Text of
Notice of Funding Opportunity to this
part.
(1) Full programmatic description of
the funding opportunity.
(2) Federal award information, including sufficient information to help
an applicant make an informed decision about whether to submit an application. (See also § 200.414 Indirect
(F&A) costs, paragraph (b)).
(3) Specific eligibility information,
including any factors or priorities that
affect an applicant’s or its application’s eligibility for selection.
(4) Application Preparation and Submission Information, including the applicable submission dates and time.
(5) Application Review Information
including the criteria and process to be
used to evaluate applications. See also
§ 200.205 Federal awarding agency review of risk posed by applicants. See
also 2 CFR part 27.
(6) Federal Award Administration Information. See also § 200.210 Information contained in a Federal award.
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§ 200.204 Federal awarding agency review of merit of proposals.
For competitive grants or cooperative agreements, unless prohibited by
Federal statute, the Federal awarding
agency must design and execute a
merit review process for applications.
This process must be described or incorporated by reference in the applicable funding opportunity (see Appendix I
to this part, Full text of the Funding
Opportunity.) See also § 200.203 Notices
of funding opportunities.
§ 200.205 Federal awarding agency review of risk posed by applicants.
(a) Prior to making a Federal award,
the Federal awarding agency is required by 31 U.S.C. 3321 and 41 U.S.C.
2313 note to review information available through any OMB-designated repositories of governmentwide eligibility qualification or financial integ-
rity information, such as Federal
Awardee Performance and Integrity Information System (FAPIIS), Dun and
Bradstreet, and ‘‘Do Not Pay’’. 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 Regulations.
(b) In addition, for competitive
grants or cooperative agreements, 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 quality of its application. If the
Federal awarding agency determines
that a Federal award will be made, special conditions that correspond to the
degree of risk assessed may be applied
to the Federal award. Criteria to be
evaluated must be described in the announcement of funding opportunity described in § 200.203 Notices of funding
opportunities.
(c) In evaluating risks posed by applicants, the Federal awarding agency
may use a risk-based approach and
may consider any items such as the following:
(1) Financial stability;
(2) Quality of management systems
and ability to meet the management
standards prescribed in this part;
(3) History of performance. The applicant’s record in managing Federal
awards, if it is a prior recipient of Federal awards, including timeliness of
compliance with applicable reporting
requirements, conformance to the
terms and conditions of previous Federal awards, and if applicable, the extent to which any previously awarded
amounts will be expended prior to future awards;
(4) Reports and findings from audits
performed under Subpart F—Audit Requirements of this part or the reports
and findings of any other available audits; and
(5) The applicant’s ability to effectively implement statutory, regulatory, or other requirements imposed
on non-Federal entities.
(d) In addition to this review, the
Federal awarding agency must comply
with the guidelines on governmentwide
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§ 200.206
2 CFR Ch. II (1–1–14 Edition)
suspension and debarment in 2 CFR
part 180, and must require 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 excluded from or
ineligible for participation in Federal
programs or activities.
wreier-aviles on DSK5TPTVN1PROD with CFR
§ 200.206 Standard
application
requirements.
(a) Paperwork clearances. The Federal
awarding agency may only use application information collections approved
by OMB under the Paperwork Reduction Act of 1995 and OMB’s implementing regulations in 5 CFR part 1320,
Controlling Paperwork Burdens on the
Public. Consistent with these requirements, OMB will authorize additional
information collections only on a limited basis.
(b) If applicable, the Federal awarding agency may inform applicants and
recipients that they do not need to provide certain information otherwise required by the relevant information collection.
§ 200.207 Specific conditions.
(a) Based on the criteria set forth in
§ 200.205 Federal awarding agency review of risk posed by applicants or
when an applicant or recipient has a
history of failure to comply with the
general or specific terms and conditions of a Federal award, or failure to
meet expected performance goals as described in § 200.210 Information contained in a Federal award, or is not
otherwise responsible, the Federal
awarding agency or pass-through entity may impose additional specific
award conditions as needed under the
procedure specified in paragraph (b) of
this section. These additional Federal
award conditions may include items
such as the following:
(1) Requiring payments as reimbursements rather than advance payments;
(2) Withholding authority to proceed
to the next phase until receipt of evidence of acceptable performance within
a given period of performance;
(3) Requiring additional, more detailed financial reports;
(4) Requiring additional project monitoring;
(5) Requiring the non-Federal entity
to obtain technical or management assistance; or
(6) Establishing additional prior approvals.
(b) The Federal awarding agency or
pass-through entity must notify the
applicant or non-Federal entity as to:
(1) The nature of the additional requirements;
(2) The reason why the additional requirements 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 reconsideration of the additional requirements imposed.
(c) Any special conditions must be
promptly removed once the conditions
that prompted them have been corrected.
§ 200.208 Certifications and representations.
Unless prohibited by Federal statutes
or regulations, each Federal awarding
agency or pass-through entity is authorized to require the non-Federal entity to submit certifications and representations required by Federal statutes, or regulations on an annual basis.
Submission may be required more frequently if the non-Federal entity fails
to meet a requirement of a Federal
award.
§ 200.209
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 Pre-award
costs.
§ 200.210 Information contained in a
Federal award.
A Federal award must include the
following information:
(a) General Federal Award Information.
The Federal awarding agency must include the following general Federal
award information in each Federal
award:
(1) Recipient name (which must
match registered name in DUNS);
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§ 200.210
(2) Recipient’s DUNS number (see
§ 200.32 Data Universal Numbering System (DUNS) number);
(3) Unique Federal Award Identification Number (FAIN);
(4) Federal Award Date (see § 200.39
Federal award date);
(5) Period of Performance Start and
End Date;
(6) Amount of Federal Funds Obligated by this action;
(7) Total Amount of Federal Funds
Obligated;
(8) Total Amount of the Federal
Award;
(9) Budget Approved by the Federal
Awarding Agency;
(10) Total Approved Cost Sharing or
Matching, where applicable;
(11) Federal award project description, (to comply with statutory requirements (e.g., FFATA));
(12) Name of Federal awarding agency and contact information for awarding official,
(13) CFDA Number and Name;
(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 Indirect (F&A)
costs).
(b) General Terms and Conditions (1)
Federal awarding agencies must incorporate the following general terms and
conditions either in the Federal award
or by reference, as applicable:
(i) Administrative requirements implemented by the Federal awarding
agency as specified in this part.
(ii) National policy requirements.
These include statutory, executive
order, other Presidential directive, or
regulatory requirements that apply by
specific reference and are not programspecific. See § 200.300 Statutory and national policy requirements.
(2) The Federal award must include
wording to incorporate, by reference,
the applicable set of general terms and
conditions. The reference must be to
the Web site at which the Federal
awarding agency maintains the general
terms and conditions.
(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 maintain an archive of previous versions of
the general terms and conditions, with
effective dates, for use by the non-Federal entity, auditors, or others.
(c) Federal Awarding Agency, Program,
or Federal Award Specific Terms and
Conditions. The Federal awarding agency may 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 general terms and conditions.
Whenever practicable, these specific
terms and conditions also should be
shared on a public Web site and in notices of funding opportunities (as outlined in § 200.203 Notices of funding opportunities) in addition to being included in a Federal award. See also
§ 200.206 Standard application requirements.
(d) Federal Award Performance Goals.
The Federal awarding agency must include in the Federal award an indication of the timing and scope of expected performance by the non-Federal
entity as related to the outcomes intended to be achieved by the program.
In some instances (e.g., discretionary
research awards), this may be limited
to the requirement to submit technical
performance reports (to be evaluated in
accordance with Federal awarding
agency policy). Where appropriate, the
Federal award may include specific
performance goals, indicators, milestones, or expected outcomes (such as
outputs, or services performed or public impacts of any of these) with an expected timeline for accomplishment.
Reporting requirements 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. The
Federal awarding agency may include
program-specific requirements, as applicable. These requirements should be
aligned with agency strategic goals,
strategic objectives or performance
goals that are relevant to the program.
See also OMB Circular A–11, Preparation, Submission and Execution of the
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§ 200.211
2 CFR Ch. II (1–1–14 Edition)
Budget Part 6 for definitions of strategic objectives and performance goals.
(e) Any other information required
by the Federal awarding agency.
§ 200.211 Public access to Federal
award information.
(a) In accordance with statutory requirements for Federal spending transparency (e.g., FFATA), except as noted
in this section, for applicable Federal
awards the Federal awarding agency
must announce all Federal awards publicly and publish the required information on a publicly available OMB-designated governmentwide Web site (at
time
of
publication,
www.USAspending.gov).
(b) Nothing in this section may be
construed as requiring the publication
of information otherwise exempt under
the Freedom of Information Act (5
U.S.C 552), or controlled unclassified
information pursuant to Executive
Order 13556.
Subpart D—Post Federal Award
Requirements
wreier-aviles on DSK5TPTVN1PROD with CFR
STANDARDS FOR FINANCIAL AND
PROGRAM MANAGEMENT
§ 200.300 Statutory and national policy
requirements.
(a) The Federal awarding agency
must manage and administer the Federal award in a manner so as to ensure
that Federal funding is expended and
associated programs are implemented
in full accordance with U.S. statutory
and public policy requirements: including, but not limited to, those protecting public welfare, the environment, and prohibiting discrimination.
The Federal awarding agency must
communicate to the non-Federal entity all relevant public policy 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 responsible for complying with all requirements of the Federal award. For all
Federal awards, this includes the provisions of FFATA, which includes requirements on executive compensation,
and also requirements implementing
the Act for the non-Federal entity at 2
CFR part 25 Financial Assistance Use
of Universal Identifier and Central
Contractor Registration and 2 CFR
part 170 Reporting Subaward and Executive Compensation Information. See
also statutory 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.
The Federal awarding agency must
require the recipient to use OMB-approved governmentwide standard information collections when providing financial and performance information.
As appropriate and in accordance with
above mentioned information collections, the Federal awarding agency
must require the recipient to relate financial data to performance accomplishments of the Federal award. Also,
in accordance with above mentioned
governmentwide standard information
collections, and when applicable, recipients must also provide cost information to demonstrate cost effective
practices (e.g., through unit cost data).
The recipient’s performance should be
measured in a way that will help the
Federal awarding agency and other
non-Federal entities to improve program outcomes, share lessons learned,
and spread the adoption of promising
practices. The Federal awarding agency should provide recipients with clear
performance goals, indicators, and
milestones as described in § 200.210 Information contained in a Federal
award. Performance reporting frequency and content should be established to not only allow the Federal
awarding agency to understand the recipient progress but also to facilitate
identification of promising practices
among recipients and build the evidence upon which the Federal awarding
agency’s program and performance decisions are made.
§ 200.302
Financial management.
(a) Each state must expend and account for the Federal award in accordance with state laws and procedures for
expending and accounting for the
state’s own funds. In addition, the
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§ 200.303
state’s and the other non-Federal entity’s financial management systems, including records documenting compliance with Federal statutes, regulations, and the terms and conditions of
the Federal award, must be sufficient
to permit the preparation of reports required by general and program-specific
terms and conditions; and the tracing
of funds to a level of expenditures adequate 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 Lobbying.
(b) The financial management system of each non-Federal entity must
provide for the following (see also
§§ 200.333 Retention requirements for
records, 200.334 Requests for transfer of
records, 200.335 Methods for collection,
transmission and storage of information, 200.336 Access to records, and
200.337 Restrictions on public access to
records):
(1) Identification, in its accounts, of
all Federal awards received and expended and the Federal programs under
which they were received. Federal program and Federal award identification
must include, as applicable, the CFDA
title and number, Federal award identification number and year, name of the
Federal agency, and name of the passthrough entity, if any.
(2) Accurate, current, and complete
disclosure of the financial results of
each Federal award or program in accordance with the reporting requirements set forth in §§ 200.327 Financial
reporting and 200.328 Monitoring and
reporting program performance. If a
Federal awarding agency requires reporting on an accrual basis from a recipient that maintains its records on
other than an accrual basis, the recipient must not be required to establish
an accrual accounting system. This recipient may develop accrual data for
its reports on the basis of an analysis
of the documentation on hand. Similarly, a pass-through entity must not
require a subrecipient to establish an
accrual accounting system and must
allow the subrecipient to develop accrual 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
federally-funded
activities.
These
records must contain information pertaining to Federal awards, authorizations, obligations, unobligated balances, assets, expenditures, income and
interest and be supported by source
documentation.
(4) Effective control over, and accountability for, all funds, property,
and other assets. The non-Federal entity must adequately safeguard all assets
and assure that they are used solely for
authorized purposes. See § 200.303 Internal controls.
(5) Comparison of expenditures with
budget amounts for each Federal
award.
(6) Written procedures to implement
the requirements of § 200.305 Payment.
(7) Written procedures for determining the allowability of costs in accordance with Subpart E—Cost Principles 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 assurance that the non-Federal entity is
managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of
the Federal award. These internal controls should be in compliance with
guidance in ‘‘Standards for Internal
Control in the Federal Government’’
issued by the Comptroller General of
the United States and the ‘‘Internal
Control Integrated Framework’’, issued
by the Committee of Sponsoring Organizations of the Treadway Commission
(COSO).
(b) Comply with Federal statutes,
regulations, and the terms and conditions of the Federal awards.
(c) Evaluate and monitor the nonFederal entity’s compliance with statute, regulations and the terms and conditions of Federal awards.
(d) Take prompt action when instances of noncompliance are identified
including noncompliance identified in
audit findings.
(e) Take reasonable measures to safeguard protected personally identifiable
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§ 200.304
2 CFR Ch. II (1–1–14 Edition)
information and other information the
Federal awarding agency or passthrough entity designates as sensitive
or the non-Federal entity considers
sensitive consistent with applicable
Federal, state and local laws regarding
privacy and obligations of confidentiality.
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§ 200.304 Bonds.
The Federal awarding agency may include a provision on bonding, insurance, or both in the following circumstances:
(a) Where the Federal government
guarantees or insures the repayment of
money borrowed by the recipient, the
Federal awarding agency, at its discretion, may require adequate bonding
and insurance if the bonding and insurance requirements of the non-Federal
entity are not deemed adequate to protect the interest of the Federal government.
(b) The Federal awarding agency may
require adequate fidelity bond coverage
where the non-Federal entity lacks sufficient 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 holding certificates of authority as acceptable sureties, as prescribed in 31 CFR
Part 223, ‘‘Surety Companies Doing
Business with the United States.’’
§ 200.305 Payment.
(a) For states, payments are governed by Treasury-State CMIA agreements and default procedures codified
at 31 CFR Part 205 ‘‘Rules and Procedures for Efficient Federal-State Funds
Transfers’’ and TFM 4A–2000 Overall
Disbursing Rules for All Federal Agencies.
(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 payment is made by electronic funds
transfer, or issuance or redemption of
checks, warrants, or payment by other
means. See also § 200.302 Financial
management paragraph (f). Except as
noted elsewhere in this part, Federal
agencies must require recipients to use
only OMB-approved standard governmentwide information collection requests to request payment.
(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 financial management systems that meet
the standards for fund control and accountability as established in this part.
Advance payments to a non-Federal entity 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 payments must be as close as is administratively feasible to the actual disbursements by the non-Federal entity
for direct program or project costs and
the proportionate share of any allowable indirect costs. The non-Federal
entity must make timely payment to
contractors in accordance with the
contract provisions.
(2) Whenever possible, advance payments 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 include, but are not limited to, Treasury
check and electronic funds transfer and
should comply with applicable guidance in 31 CFR part 208.
(ii) Non-Federal entities must be authorized 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. 1601).
(3) Reimbursement is the preferred
method when the requirements in paragraph (b) cannot be met, when the Federal awarding agency sets a specific
condition per § 200.207 Specific conditions, or when the non-Federal entity
requests payment by reimbursement.
This method may be used on any Federal award for construction, or if the
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§ 200.305
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 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 because the non-Federal entity lacks sufficient working capital, the Federal
awarding agency or pass-through entity may provide cash on a working capital advance basis. Under this procedure, 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 awarding 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 passthrough entity provide timely advance
payments to any subrecipients in order
to meet the subrecipient’s actual cash
disbursements. The working capital advance method of payment must not be
used by the pass-through entity if the
reason for using this method is the unwillingness or inability of the passthrough entity to provide timely advance payments to the subrecipient to
meet the subrecipient’s actual cash disbursements.
(5) Use of resources before requesting
cash advance payments. To the extent
available, the non-Federal entity must
disburse funds available from program
income (including repayments to a revolving fund), rebates, refunds, contract settlements, audit recoveries, and
interest earned on such funds before requesting additional cash payments.
(6) Unless otherwise required by Federal statutes, payments for allowable
costs by non-Federal entities must not
be withheld at any time during the period of performance unless the conditions of §§ 200.207 Specific conditions,
Subpart D—Post Federal Award Requirements of this part, 200.338 Remedies for Noncompliance, or the following apply:
(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 delinquent in a debt to the United States as
defined in OMB Guidance A–129, ‘‘Policies for Federal Credit Programs and
Non-Tax Receivables.’’ Under such conditions, the Federal awarding agency
or pass-through entity may, upon reasonable notice, inform the non-Federal
entity that payments must not be
made for obligations incurred after a
specified date until the conditions are
corrected or the indebtedness to the
Federal government is liquidated.
(iii) A payment withheld for failure
to comply with Federal award conditions, 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 § 200.342 Effects of suspension and termination.
(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 nonFederal 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 depositories of advance payments under Federal 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 establish any eligibility requirements for
depositories for funds provided to the
non-Federal entity. However, the nonFederal entity must be able to account
for the receipt, obligation and expenditure of funds.
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(ii) Advance payments of Federal
funds must be deposited and maintained 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.
(i) The non-Federal entity receives
less than $120,000 in Federal awards per
year.
(ii) The best reasonably available interest-bearing account would not be expected 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 on Federal advance payments deposited in interestbearing accounts must be remitted annually to the Department of Health
and Human Services, Payment Management System, Rockville, MD 20852.
Interest amounts up to $500 per year
may be retained by the non-Federal entity for administrative expense.
§ 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 applications or proposals, but may be considered if it is both in accordance with
Federal awarding agency regulations
and specified in a notice of funding opportunity. Criteria for considering voluntary committed cost sharing and
any other program policy factors that
may be used to determine who may receive a Federal award must be explicitly described in the notice of funding
opportunity. Furthermore, only mandatory cost sharing or cost sharing specifically committed in the project
budget must be included in the organized research base for computing the
indirect (F&A) cost rate or reflected in
any allocation of indirect costs. See
also §§ 200.414 Indirect (F&A) costs,
200.203 Notices of funding opportunities, and Appendix I to Part 200—Full
Text of Notice of Funding Opportunity.
(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 matching when
such contributions meet all of the following criteria:
(1) Are verifiable from the non-Federal 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—
Cost Principles of this part;
(5) Are not paid by the Federal government under another Federal award,
except where the Federal statute authorizing a program specifically provides that Federal funds made available 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, including 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
and the amount which could have been
to the Federal award under the nonFederal entity’s approved negotiated
indirect cost rate.
(d) Values for non-Federal entity
contributions of services and property
must be established in accordance with
§ 200.434 Contributions and donations. If
a Federal awarding agency authorizes
the non-Federal entity to donate 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 paragraphs (d)(1) or (2) of this
section.
(1) The value of the remaining life of
the property recorded in the non-Federal entity’s accounting records at the
time of donation.
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(2) The current fair market value.
However, when there is sufficient justification, the Federal awarding agency may approve the use of the current
fair market value of the donated property, even if it exceeds the value described in (1) above 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 services must be consistent with those paid
for similar work by the non-Federal entity. In those instances in which the
required skills are not found in the
non-Federal entity, rates must be consistent 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 reasonable, necessary, allocable, and otherwise 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 reasonable, necessary, allocable, and otherwise allowable, and indirect costs at
either the third-party organization’s
approved federally negotiated indirect
cost rate or, a rate in accordance with
§ 200.414 Indirect (F&A) costs, paragraph (d), provided these services employ the same skill(s) for which the
employee is normally paid. Where donated services are treated as indirect
costs, indirect cost rates will separate
the value of the donated services so
that reimbursement for the donated
services will not be made.
(g) Donated property from third parties may include such items as equipment, office supplies, laboratory supplies, or workshop and classroom supplies. Value assessed to donated property 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 according 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 entity 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 require 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 assets and fair rental charges for land
may be allowed, provided that the Federal awarding agency has approved the
charges. See also § 200.420 Considerations for selected items of cost.
(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 market value at the time of donation to
the non-Federal entity as established
by an independent appraiser (e.g., certified real property appraiser or General Services Administration representative) and certified by a responsible official of the non-Federal entity
as required by the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended,
(42 U.S.C. 4601–4655) (Uniform Act) except as provided in the implementing
regulations at 49 CFR part 24.
(2) The value of donated equipment
must not exceed the fair market value
of equipment of the same age and condition at the time of donation.
(3) The value of donated space must
not exceed the fair rental value of comparable space as established by an independent appraisal of comparable space
and facilities in a privately-owned
building in the same locality.
(4) The value of loaned equipment
must not exceed its fair rental value.
(j) For third-party in-kind contributions, the fair market value of goods
and services must be documented and
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to the extent feasible supported by the
same methods used internally by the
non-Federal entity.
§ 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 determine program income, provided
these costs have not been charged to
the Federal award.
(c) Governmental revenues. Taxes, special assessments, levies, fines, and
other such revenues raised by a nonFederal entity are not program income
unless the revenues are specifically
identified in the Federal award or Federal awarding agency regulations as
program income.
(d) Property. Proceeds from the sale
of real property or equipment are not
program income; such proceeds will be
handled in accordance with the requirements of Subpart D—Post Federal
Award Requirements of this part, Property Standards §§ 200.311 Real property
and 200.313 Equipment, or as specifically identified in Federal statutes,
regulations, or the terms and conditions of the Federal award.
(e) Use of program income. If the Federal awarding agency does not specify
in its regulations or the terms and conditions 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 regulations 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 alternatives to paragraphs (e)(1) and (2) of
this section, the Federal awarding
agency may distinguish between income earned by the recipient and income earned by subrecipients and between 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 deducted from expenditures.
(1) Deduction. Ordinarily program income must be deducted from total allowable costs to determine the net allowable costs. Program income must be
used for current costs unless the Federal awarding agency authorizes otherwise. Program income that the nonFederal entity did not anticipate at the
time of the Federal award must be used
to reduce the Federal award and nonFederal entity contributions rather
than to increase the funds committed
to the project.
(2) Addition. With prior approval of
the Federal awarding agency, program
income may be added to the Federal
award by the Federal agency and the
non-Federal entity. The program income must be used for the purposes 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 performance. There are no Federal requirements governing the disposition of income earned after the end of the period
of performance for the Federal award,
unless the Federal awarding agency
regulations or the terms and conditions of the Federal award provide otherwise. The Federal awarding agency
may negotiate agreements with recipients regarding appropriate uses of income earned after the period of performance as part of the grant closeout
process. See also § 200.343 Closeout.
§ 200.308 Revision of budget and program plans.
(a) The approved budget for the Federal award summarizes the financial
aspects of the project or program as approved during the Federal award process. It may include either the Federal
and non-Federal share (see § 200.43 Federal share) or only the Federal share,
depending upon Federal awarding agency requirements. It must be related to
performance for program evaluation
purposes whenever appropriate.
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(b) Recipients are required to report
deviations from budget or project scope
or objective, and request prior approvals 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 agencies for one or more of the following
program or budget-related reasons:
(1) Change in the scope or the objective 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.
(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 accordance with Subpart E—Cost Principles
of this part or 45 CFR Part 74 Appendix
E, ‘‘Principles for Determining Costs
Applicable to Research and Development under Awards and Contracts with
Hospitals,’’ or 48 CFR Part 31, ‘‘Contract Cost Principles and Procedures,’’
as applicable.
(5) The transfer of funds budgeted for
participant support costs as defined in
§ 200.75 Participant support costs to
other categories of expense.
(6) Unless described in the application and funded in the approved Federal awards, the subawarding, transferring or contracting out of any work
under a Federal award. This provision
does not apply to the acquisition of
supplies, material, equipment or general support services.
(7) Changes in the amount of approved cost-sharing or matching provided by the non-Federal entity. No
other prior approval requirements for
specific items may be imposed unless a
deviation has been approved by OMB.
See also §§ 200.102 Exceptions and
200.407 Prior written approval (prior approval).
(d) Except for requirements listed in
paragraph (c)(1) of this section, the
Federal awarding agency are authorized, at their option, to waive prior
written approvals required by paragraph (c) this section. Such waivers
may include authorizing recipients to
do any one or more of the following:
(1) Incur project costs 90 calendar
days before the Federal awarding agency makes the Federal award. Expenses
more than 90 calendar days pre-award
require prior approval of the Federal
awarding agency. All costs incurred before the Federal awarding agency
makes the Federal award are at the recipient’s risk (i.e., the Federal awarding agency is under no obligation to reimburse such costs if for any reason
the recipient does not receive a Federal
award or if the Federal award is less
than anticipated and inadequate to
cover such costs). See also § 200.458 Preaward costs.
(2) Initiate a one-time extension of
the period of performance by up to 12
months unless one or more of the conditions outlined in paragraphs (d)(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 performance at least 10 calendar days before
the end of the period of performance
specified in the Federal award. This
one-time extension may not be exercised merely for the purpose of using
unobligated balances. Extensions require 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 balances to subsequent periods of performance.
(4) For Federal awards that support
research, unless the Federal awarding
agency provides otherwise in the Federal award or in the Federal awarding
agency’s regulations, the prior approval requirements described in paragraph (d) are automatically waived
(i.e., recipients need not obtain such
prior approvals) unless one of the conditions included in paragraph (d)(2) applies.
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(e) 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 Federal share of the project exceeds the
Simplified Acquisition Threshold and
the cumulative amount of such transfers exceeds or is expected to exceed 10
percent of the total budget as last approved by the Federal awarding agency. The Federal awarding agency cannot permit a transfer that would cause
any Federal appropriation to be used
for purposes other than those consistent with the appropriation.
(f) All other changes to non-construction budgets, except for the changes described in paragraph (c) of this section,
do not require prior approval (see also
§ 200.407 Prior written approval (prior
approval)).
(g) For construction Federal awards,
the recipient must request prior written approval promptly from the Federal awarding agency for budget revisions whenever paragraph (g)(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 involves specific costs for which prior
written approval requirements may be
imposed consistent with applicable
OMB cost principles listed in Subpart
E—Cost Principles of this part.
(4) No other prior approval requirements for budget revisions may be imposed unless a deviation has been approved by OMB.
(5) When a Federal awarding agency
makes a Federal award that provides
support for construction and non-construction work, the Federal awarding
agency may require the recipient to obtain prior approval from the Federal
awarding agency before making any
fund or budget transfers between the
two types of work supported.
(h) When requesting approval for
budget revisions, the recipient must
use the same format for budget information that was used in the application, unless the Federal awarding agency indicates a letter of request suffices.
(i) Within 30 calendar days from the
date of receipt of the request for budget revisions, the Federal awarding
agency must review the request and
notify the recipient whether the budget
revisions have been approved. If the revision is still under consideration at
the end of 30 calendar days, the Federal
awarding agency must inform the recipient in writing of the date when the
recipient may expect the decision.
§ 200.309 Period of performance.
A non-Federal entity may charge to
the Federal award only allowable costs
incurred during the period of performance and any costs incurred before the
Federal awarding agency or passthrough entity made the Federal award
that were authorized by the Federal
awarding agency or pass-through entity.
PROPERTY STANDARDS
§ 200.310 Insurance coverage.
The non-Federal entity must, at a
minimum, provide the equivalent insurance coverage for real property and
equipment acquired or improved with
Federal funds as provided to property
owned by the non-Federal entity. Federally-owned property need not be insured unless required by the terms and
conditions of the Federal award.
§ 200.311 Real property.
(a) Title. Subject to the obligations
and conditions set forth in this section,
title to real property acquired or improved under a Federal award will vest
upon acquisition in the non-Federal entity.
(b) Use. Except as otherwise provided
by Federal statutes or by the Federal
awarding agency, real property will be
used for the originally authorized purpose as long as needed for that purpose,
during which time the non-Federal entity must not dispose of or encumber
its title or other interests.
(c) Disposition. When real property is
no longer needed for the originally authorized purpose, the non-Federal entity must obtain disposition instructions
from the Federal awarding agency or
pass-through entity. The instructions
must provide for one of the following
alternatives:
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(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 percentage of participation in the cost of the
original purchase (and costs of any improvements) to the fair market value
of the property. However, in those situations where non-Federal entity is disposing of real property acquired or improved with a Federal award and acquiring 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 replacement property.
(2) Sell the property and compensate
the Federal awarding agency. The
amount due to the Federal awarding
agency will be calculated by applying
the Federal awarding agency’s percentage of participation in the cost of the
original purchase (and cost of any improvements) to the proceeds of the sale
after deduction of any actual and reasonable 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 non-Federal entity is directed to sell property, sales
procedures must be followed that provide 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 entity 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 current fair market value of the property.
§ 200.312 Federally-owned and exempt
property.
(a) Title to federally-owned property
remains vested in the Federal government. 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 utilization.
(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 authority provided by the Federal Technology
Transfer Act (15 U.S.C. 3710 (i)) to donate research equipment to educational and non-profit 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 instructions to the non-Federal entity.
(c) Exempt federally-owned property
means property acquired under a Federal award the title based upon the explicit terms and conditions of the Federal award that indicate the Federal
awarding agency has chosen to vest in
the non-Federal entity without further
obligation to the Federal government
or under conditions the Federal agency
considers appropriate. The Federal
awarding agency may exercise this option when statutory authority exists.
Absent statutory authority and specific terms and conditions of the Federal award, title to exempt federallyowned property acquired under the
Federal award remains with the Federal government.
§ 200.313
Equipment.
See also § 200.439 Equipment and
other capital expenditures.
(a) Title. Subject to the obligations
and conditions set forth in this section,
title to equipment acquired under a
Federal award will vest upon acquisition in the non-Federal entity. Unless
a statute specifically authorizes the
Federal agency to vest title in the nonFederal entity without further obligation 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 entity
subject to the following conditions:
(1) Use the equipment for the authorized purposes of the project until funding for the project ceases, or until the
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property is no longer needed for the
purposes of the project.
(2) Not encumber the property without 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) A state must use, manage and dispose of equipment acquired under a
Federal award by the state in accordance with state laws and procedures.
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 program or project for which it was acquired 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
approval of the Federal awarding agency. When no longer needed for the
original program 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 supported by the Federal government, provided that such use will not interfere
with the work on the projects or program for which it was originally acquired. 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 permissible. User fees should be considered if
appropriate.
(3) Notwithstanding the encouragement in § 200.307 Program income to
earn program income, the non-Federal
entity must not use equipment acquired with the Federal award to provide services for a fee that is less than
private companies charge for equivalent services unless specifically authorized by Federal statute for as long as
the Federal government retains an interest in the equipment.
(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. Procedures for managing equipment (including replacement equipment), whether
acquired in whole or in part under a
Federal award, until disposition takes
place will, as a minimum, meet the following requirements:
(1) Property records must be maintained 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, percentage 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 property must be taken and the results reconciled with the property records at
least once every two years.
(3) A control system must be developed 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 authorized or required to sell the property, proper sales procedures must be
established to ensure the highest possible return.
(e) Disposition. When original or replacement equipment acquired under a
Federal award is no longer needed for
the original project or program or for
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other activities currently or previously
supported by a Federal awarding agency, except as otherwise provided in
Federal statutes, regulations, or Federal awarding agency disposition instructions, 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 obligation
to the Federal awarding agency.
(2) Except as provided in § 200.312 Federally-owned and exempt property,
paragraph (b), or if the Federal awarding agency fails to provide requested
disposition instructions 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 participation 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 expenses.
(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 attributable percentage of the current fair
market value of the property.
(4) In cases where a non-Federal entity 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 Materials and supplies costs, including costs of computing devices.
(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 aggregate value upon termination or completion 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 computed in the same manner as for equipment. See § 200.313 Equipment, paragraph (e)(2) for the calculation methodology.
(b) As long as the Federal government retains an interest in the supplies, the non-Federal entity must not
use supplies acquired under a Federal
award to provide services to other organizations for a fee that is less than
private companies charge for equivalent services, unless specifically authorized by Federal statute.
§ 200.315
Intangible property.
(a) Title to intangible property (see
§ 200.59 Intangible property) acquired
under a Federal award vests upon acquisition in the non-Federal entity.
The non-Federal entity must use that
property for the originally-authorized
purpose, and must not encumber the
property without approval of the Federal awarding agency. When no longer
needed for the originally authorized
purpose, disposition of the intangible
property must occur in accordance
with the provisions in § 200.313 Equipment paragraph (e).
(b) The non-Federal entity may copyright any work that is subject to copyright and was developed, or for which
ownership was acquired, under a Federal award. The Federal awarding agency reserves a royalty-free, nonexclusive and irrevocable right to reproduce,
publish, or otherwise use the work for
Federal purposes, and to authorize others to do so.
(c) The non-Federal entity is subject
to applicable regulations governing
patents and inventions, including governmentwide 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
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§ 200.316
2 CFR Ch. II (1–1–14 Edition)
Awards, Contracts and Cooperative
Agreements.’’
(d) The Federal government has the
right to:
(1) Obtain, reproduce, publish, or otherwise use the data produced under a
Federal award; and
(2) Authorize others to receive, reproduce, publish, or otherwise use such
data for Federal purposes.
(e) Freedom of Information Act
(FOIA).
(1) In addition, in response to a Freedom of Information Act (FOIA) request
for research data relating to published
research findings produced under a
Federal award that were used by the
Federal government in developing an
agency action that has the force and
effect of law, the Federal awarding
agency must request, and the non-Federal entity must provide, within a reasonable time, the research data so that
they can be made available to the public through the procedures established
under the FOIA. If the Federal awarding agency obtains the research data
solely in response to a FOIA request,
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 entity. This fee is in addition to any fees
the Federal awarding agency may assess 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 officially 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 agency 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). Research data also do not include:
(i) Trade secrets, commercial information, 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 information and similar information the disclosure of which would constitute a
clearly unwarranted invasion of personal 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 intangible property, that are acquired or improved 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 require 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 services under a Federal award, a state
must follow the same policies and procedures it uses for procurements from
its non-Federal funds. The state will
comply with § 200.322 Procurement of
recovered materials and ensure that
every purchase order or other contract
includes any clauses required by section § 200.326 Contract provisions. All
other non-Federal entities, including
subrecipients of a state, will follow
§§ 200.318 General procurement standards through 200.326 Contract provisions.
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§ 200.318
§ 200.318 General procurement standards.
(a) The non-Federal entity must use
its own documented procurement procedures which reflect applicable State
and local laws and regulations, provided that the procurements conform
to applicable Federal law and the
standards identified in this section.
(b) Non-Federal entities must maintain oversight to ensure that contractors 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 governing the performance of its employees engaged in the selection, award and
administration of contracts. No employee, officer, or agent must participate in the selection, award, or administration 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
member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in
or a tangible personal benefit from a
firm considered for a contract. The officers, employees, and agents of the
non-Federal entity must neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-Federal entities may set
standards for situations in which the
financial interest is not substantial or
the gift is an unsolicited item of nominal 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 organization that is not a state, local government, or Indian tribe, the non-Federal
entity must also maintain written
standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that
because of relationships with a parent
company, affiliate, or subsidiary organization, the non-Federal entity is un-
able or appears to be unable to be impartial in conducting a procurement
action involving a related organization.
(d) The non-Federal entity’s procedures must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating
or breaking out procurements to obtain a more economical purchase.
Where appropriate, an analysis will be
made of lease versus purchase alternatives, and any other appropriate
analysis to determine the most economical approach.
(e) To foster greater economy and efficiency, and in accordance with efforts
to promote cost-effective use of shared
services across the Federal government, the non-Federal entity is encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for
procurement or use of common or
shared goods and services.
(f) The non-Federal entity is encouraged 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 encouraged to use value engineering clauses
in contracts for construction projects
of sufficient size to offer reasonable opportunities for cost reductions. Value
engineering is a systematic and creative analysis of each contract item or
task to ensure that its essential function 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 procurement. Consideration will be given to
such matters as contractor integrity,
compliance with public policy, record
of past performance, and financial and
technical resources.
(i) The non-Federal entity must
maintain records sufficient to detail
the history of procurement. These
records will include, but are not necessarily limited to the following: rationale for the method of procurement,
selection of contract type, contractor
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selection or rejection, and the basis for
the contract price.
(j)(1) The non-Federal entity may use
time and material type contracts 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 material 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-andmaterials contract provides no positive
profit incentive to the contractor for
cost control or labor efficiency. Therefore, each contract must set a ceiling
price that the contractor exceeds at its
own risk. Further, the non-Federal entity awarding such a contract must assert a high degree of oversight in order
to obtain reasonable assurance that
the contractor is using efficient methods 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 settlement of all contractual and administrative issues arising out of procurements. These issues include, but are
not limited to, source evaluation, protests, disputes, and claims. These
standards do not relieve the non-Federal entity of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its judgment for that of the
non-Federal entity unless the matter is
primarily a Federal concern. Violations of law will be referred to the
local, state, or Federal authority having proper jurisdiction.
§ 200.319 Competition.
(a) All procurement transactions
must be conducted in a manner providing full and open competition consistent with the standards of this section. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of
work, and invitations for bids or requests 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 requirements 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 consultants that are on retainer contracts;
(5) Organizational conflicts of interest;
(6) Specifying only a ‘‘brand name’’
product instead of allowing ‘‘an equal’’
product to be offered and describing
the performance or other relevant requirements of the procurement; and
(7) Any arbitrary action in the procurement process.
(b) The non-Federal entity must conduct procurements in a manner that
prohibits the use of statutorily or administratively imposed state or local
geographical preferences in the evaluation of bids or proposals, except in
those cases where applicable Federal
statutes expressly mandate or encourage geographic preference. Nothing in
this section preempts state licensing
laws. When contracting for architectural and engineering (A/E) services,
geographic location may be a selection
criterion provided its application
leaves an appropriate number of qualified firms, given the nature and size of
the project, to compete for the contract.
(c) 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 requirements for the material, product, or
service to be procured. Such description must not, in competitive procurements, contain features which unduly
restrict competition. The description
may include a statement of the qualitative nature of the material, product
or service to be procured and, when
necessary, must set forth those minimum essential characteristics and
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standards to which it must conform if
it is to satisfy its intended use. Detailed 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 procurement. The specific features of the
named brand which must be met by offers 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.
(d) The non-Federal entity must ensure that all prequalified lists of persons, firms, or products which are used
in acquiring goods and services are current and include enough qualified
sources to ensure maximum open and
free competition. Also, the non-Federal
entity must not preclude potential bidders from qualifying during the solicitation period.
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§ 200.320 Methods of procurement to
be followed.
The non-Federal entity must use one
of the following methods of procurement.
(a) Procurement by micro-purchases.
Procurement by micro-purchase is the
acquisition of supplies or services, the
aggregate dollar amount of which does
not exceed $3,000 (or $2,000 in the case
of acquisitions for construction subject
to the Davis-Bacon Act). To the extent
practicable, the non-Federal entity
must distribute micro-purchases equitably among qualified suppliers. Micropurchases may be awarded without soliciting competitive quotations if the
non-Federal entity considers the price
to be reasonable.
(b) Procurement by small purchase
procedures. Small purchase procedures
are those relatively simple and informal procurement methods for securing
services, supplies, or other property
that do not cost more than the Simplified Acquisition Threshold. If small
purchase procedures are used, price or
rate quotations must be obtained from
an adequate number of qualified
sources.
(c) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed price contract
(lump sum or unit price) is awarded to
the responsible bidder whose bid, conforming with all the material terms
and conditions of the invitation for
bids, is the lowest in price. The sealed
bid method is the preferred method for
procuring construction, if the conditions in paragraph (c)(1) of this section
apply.
(1) In order for sealed bidding to be
feasible, the following conditions
should be present:
(i) A complete, adequate, and realistic specification or purchase description is available;
(ii) Two or more responsible bidders
are willing and able to compete effectively for the business; and
(iii) The procurement lends itself to a
firm fixed price contract and the selection of the successful bidder can be
made principally on the basis of price.
(2) If sealed bids are used, the following requirements apply:
(i) The invitation for bids will be publicly advertised and bids must be solicited from an adequate number of
known suppliers, providing them sufficient response time prior to the date
set for opening the bids;
(ii) The invitation for bids, which
will include any specifications and pertinent attachments, must define the
items or services in order for the bidder
to properly respond;
(iii) All bids will be publicly opened
at the time and place prescribed in the
invitation for bids;
(iv) 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, transportation 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
(v) Any or all bids may be rejected if
there is a sound documented reason.
(d) Procurement by competitive proposals. The technique of competitive
proposals is normally conducted with
more than one source submitting an
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§ 200.321
2 CFR Ch. II (1–1–14 Edition)
offer, and either a fixed price or costreimbursement type contract is awarded. It is generally used when conditions
are not appropriate for the use of
sealed bids. If this method is used, the
following requirements apply:
(1) Requests for proposals must be
publicized and identify all evaluation
factors and their relative importance.
Any response to publicized requests for
proposals must be considered to the
maximum extent practical;
(2) Proposals must be solicited from
an adequate number of qualified
sources;
(3) The non-Federal entity must have
a written method for conducting technical evaluations of the proposals received and for selecting recipients;
(4) Contracts must be awarded to the
responsible firm whose proposal is
most advantageous to the program,
with price and other factors considered; and
(5) The non-Federal entity may use
competitive proposal procedures for
qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors’
qualifications are evaluated and the
most qualified competitor is selected,
subject to negotiation of fair and reasonable compensation. The method,
where price is not used as a selection
factor, can only be used in procurement of A/E professional services. It
cannot be used to purchase other types
of services though A/E firms are a potential source to perform the proposed
effort.
(e) [Reserved]
(f) Procurement by noncompetitive
proposals.
Procurement
by
noncompetitive proposals is procurement
through solicitation of a proposal from
only one source and may be used only
when one or more of the following circumstances apply:
(1) The item is available only from a
single source;
(2) The public exigency or emergency
for the requirement will not permit a
delay resulting from competitive solicitation;
(3) The Federal awarding agency or
pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the
non-Federal entity; or
(4) After solicitation of a number of
sources, competition is determined inadequate.
§ 200.321 Contracting with small and
minority businesses, women’s business enterprises, and labor surplus
area firms.
(a) The non-Federal entity must take
all necessary affirmative steps to assure 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 minority businesses and women’s business
enterprises on solicitation lists;
(2) Assuring that small and minority
businesses, and women’s business enterprises are solicited whenever they
are potential sources;
(3) Dividing total requirements, when
economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;
(4) Establishing delivery schedules,
where the requirement permits, which
encourage participation by small and
minority businesses, and women’s business 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 Commerce; and
(6) Requiring the prime contractor, if
subcontracts are to be let, to take the
affirmative steps listed in paragraphs
(1) through (5) of this section.
§ 200.322 Procurement
materials.
of
recovered
A non-Federal entity that is a state
agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid
Waste Disposal Act, as amended by the
Resource Conservation and Recovery
Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40
CFR part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition,
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§ 200.324
where the purchase price of the item
exceeds $10,000 or the value of the
quantity acquired by the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials
identified in the EPA guidelines.
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§ 200.323 Contract cost and price.
(a) The non-Federal entity must perform a cost or price analysis in connection with every procurement action in
excess of the Simplified Acquisition
Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement
situation, but as a starting point, the
non-Federal entity must make independent estimates before receiving bids
or proposals.
(b) The non-Federal entity must negotiate 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 profit, consideration must be given to the
complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment,
the amount of subcontracting, the
quality of its record of past performance, 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—Cost Principles of
this part. The non-Federal entity may
reference its own cost principles that
comply with the Federal cost principles.
(d) The cost plus a percentage of cost
and percentage of construction cost
methods of contracting must not be
used.
§ 200.324 Federal awarding agency or
pass-through entity review.
(a) The non-Federal entity must
make available, upon request of the
Federal awarding agency or passthrough entity, technical specifications on proposed procurements where
the Federal awarding agency or passthrough entity believes such review is
needed to ensure that the item or service specified is the one being proposed
for acquisition. This review generally
will take place prior to the time the
specification is incorporated into a solicitation document. However, if the
non-Federal entity desires to have the
review accomplished after a solicitation has been developed, the Federal
awarding agency or pass-through entity may still review the specifications,
with such review usually limited to the
technical aspects of the proposed purchase.
(b) The non-Federal entity must
make available upon request, for the
Federal awarding agency or passthrough entity pre-procurement review, procurement documents, such as
requests for proposals or invitations
for bids, or independent cost estimates,
when:
(1) The non-Federal entity’s procurement procedures or operation fails to
comply with the procurement standards 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 expected to exceed the Simplified Acquisition 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 increases the contract amount by more
than
the
Simplified
Acquisition
Threshold.
(c) The non-Federal entity is exempt
from the pre-procurement review in
paragraph (b) of this section if the Federal awarding agency or pass-through
entity determines that its procurement
systems comply with the standards of
this part.
(1) The non-Federal entity may request that its procurement system be
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reviewed by the Federal awarding
agency or pass-through entity to determine 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 selfcertify its procurement system. Such
self-certification must not limit the
Federal awarding agency’s right to survey the system. Under a self-certification 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.
§ 200.325 Bonding requirements.
For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, 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 passthrough entity has made a determination that the Federal interest is adequately protected. If such a determination 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 consist of a firm commitment such as a
bid bond, certified check, or other negotiable 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
contract price. A ‘‘performance bond’’
is one executed in connection with a
contract to secure fulfillment of all the
contractor’s obligations under such
contract.
(c) A payment bond on the part of the
contractor for 100 percent of the contract 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 material in the execution of the work provided for in the contract.
§ 200.326 Contract provisions.
The non-Federal entity’s contracts
must contain the applicable provisions
described in Appendix II to Part 200—
Contract Provisions for non-Federal
Entity
Contracts
Under
Federal
Awards.
PERFORMANCE AND FINANCIAL
MONITORING AND REPORTING
§ 200.327 Financial reporting.
Unless otherwise approved by OMB,
the Federal awarding agency may solicit only the standard, OMB-approved
governmentwide data elements for collection of financial information (at
time of publication the Federal Financial Report or such future collections
as may be approved by OMB and listed
on the OMB Web site). This information must be collected with the frequency required by the terms and conditions of the Federal award, but no
less frequently than annually nor more
frequently than quarterly except in unusual circumstances, for example
where more frequent reporting is necessary for the effective monitoring of
the Federal award or could significantly affect program outcomes, and
preferably in coordination with performance reporting.
200.328 Monitoring and reporting program performance.
(a) Monitoring by the non-Federal entity. The non-Federal entity is responsible for oversight of the operations of
the Federal award supported activities.
The non-Federal entity must monitor
its activities under Federal awards to
assure compliance with applicable Federal requirements and performance expectations are being achieved. Monitoring by the non-Federal entity must
cover each program, function or activity. See also § 200.331 Requirements for
pass-through entities.
(b) Non-construction performance reports. The Federal awarding agency
must use standard, OMB-approved data
elements for collection of performance
information (including performance
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§ 200.329
progress reports, Research Performance Progress Report, or such future
collections as may be approved by OMB
and listed on the OMB Web site).
(1) The non-Federal entity must submit performance reports at the interval required by the Federal awarding
agency or pass-through entity to best
inform improvements in program outcomes 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 necessary for the effective monitoring of
the Federal award or could significantly affect program outcomes. Annual reports must be due 90 calendar
days after the reporting period; quarterly or semiannual reports must be
due 30 calendar days after the reporting period. Alternatively, the Federal
awarding agency or pass-through entity may require annual reports before
the anniversary dates of multiple year
Federal awards. The final performance
report will be due 90 calendar days
after the period of performance end
date. If a justified request is submitted
by a non-Federal entity, the Federal
agency may extend the due date for
any performance report.
(2) The non-Federal entity must submit performance reports using OMBapproved governmentwide standard information collections when providing
performance information. As appropriate in accordance with above mentioned information collections, these
reports will contain, for each Federal
award, brief information on the following unless other collections are approved by OMB:
(i) A comparison of actual accomplishments to the objectives of the
Federal award established for the period. 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 informative to the Federal awarding
agency program, the Federal awarding
agency should include this as a performance 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.
(c) Construction performance reports.
For the most part, onsite technical inspections and certified percentage of
completion data are relied on heavily
by Federal awarding agencies and passthrough entities to monitor progress
under Federal awards and subawards
for construction. The Federal awarding
agency may require additional performance reports only when considered
necessary.
(d) Significant developments. Events
may occur between the scheduled performance reporting dates that have significant impact upon the supported activity. In such cases, the non-Federal
entity must inform the Federal awarding agency or pass-through entity as
soon as the following types of conditions become known:
(1) Problems, delays, or adverse conditions which will materially impair
the ability to meet the objective of the
Federal award. This disclosure must include a statement of the action taken,
or contemplated, and any assistance
needed to resolve the situation.
(2) Favorable developments which enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more or different
beneficial results than originally
planned.
(e) The Federal awarding agency may
make site visits as warranted by program needs.
(f) The Federal awarding agency may
waive any performance report required
by this part if not needed.
§ 200.329 Reporting on real property.
The Federal awarding agency or passthrough entity must require a non-Federal entity to submit reports at least
annually on the status of real property
in which the Federal government retains an interest, unless the Federal interest in the real property extends 15
years or longer. In those instances
where the Federal interest attached is
for a period of 15 years or more, the
Federal awarding agency or passthrough entity, at its option, may require the non-Federal entity to report
at various multi-year frequencies (e.g.,
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§ 200.330
2 CFR Ch. II (1–1–14 Edition)
every two years or every three years,
not to exceed a five-year reporting period; or a Federal awarding agency or
pass-through entity may require annual reporting for the first three years
of a Federal award and thereafter require reporting every five years).
SUBRECIPIENT MONITORING AND
MANAGEMENT
wreier-aviles on DSK5TPTVN1PROD with CFR
§ 200.330 Subrecipient and contractor
determinations.
The non-Federal entity may concurrently receive Federal awards as a recipient, a subrecipient, and a contractor, depending on the substance of
its agreements with Federal awarding
agencies and pass-through entities.
Therefore, a pass-through entity must
make
case-by-case
determinations
whether each agreement it makes for
the disbursement of Federal program
funds casts the party receiving the
funds in the role of a subrecipient or a
contractor. The Federal awarding
agency may supply and require recipients to comply with additional guidance to support these determinations
provided such guidance does not conflict with this section.
(a) Subrecipients. A subaward is for
the purpose of carrying out a portion of
a Federal award and creates a Federal
assistance relationship with the subrecipient. See § 200.92 Subaward. Characteristics which support the classification of the non-Federal entity as a
subrecipient include when the non-Federal entity:
(1) Determines who is eligible to receive what Federal assistance;
(2) Has its performance measured in
relation to whether objectives of a Federal program were met;
(3) Has responsibility for programmatic decision making;
(4) Is responsible for adherence to applicable Federal program requirements
specified in the Federal award; and
(5) In accordance with its agreement,
uses the Federal funds to carry out a
program for a public purpose specified
in authorizing statute, as opposed to
providing goods or services for the benefit of the pass-through entity.
(b) Contractors. A contract is for the
purpose of obtaining goods and services
for the non-Federal entity’s own use
and creates a procurement relationship
with the contractor. See § 200.22 Contract. Characteristics indicative of a
procurement relationship between the
non-Federal entity and a contractor
are when the non-Federal entity receiving the Federal funds:
(1) Provides the goods and services
within normal business operations;
(2) Provides similar goods or services
to many different purchasers;
(3) Normally operates in a competitive environment;
(4) Provides goods or services that
are ancillary to the operation of the
Federal program; and
(5) Is not subject to compliance requirements of the Federal program as a
result of the agreement, though similar
requirements may apply for other reasons.
(c) Use of judgment in making determination. In determining whether an
agreement between a pass-through entity and another non-Federal entity
casts the latter as a subrecipient or a
contractor, the substance of the relationship is more important than the
form of the agreement. All of the characteristics listed above may not be
present in all cases, and the passthrough entity must use judgment in
classifying each agreement as a
subaward or a procurement contract.
§ 200.331 Requirements
for
passthrough entities.
All pass-through entities must:
(a) Ensure that every subaward is
clearly identified to the subrecipient as
a subaward and includes the following
information at the time of the
subaward and if any of these data elements change, include the changes in
subsequent
subaward
modification.
When some of this information is not
available, the pass-through entity
must provide the best information
available to describe the Federal award
and subaward. Required information
includes:
(1) Federal Award Identification.
(i) Subrecipient name (which must
match registered name in DUNS);
(ii) Subrecipient’s DUNS number (see
§ 200.32 Data Universal Numbering System (DUNS) number);
(iii) Federal Award Identification
Number (FAIN);
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§ 200.331
(iv) Federal Award Date (see § 200.39
Federal award date);
(v) Subaward Period of Performance
Start and End Date;
(vi) Amount of Federal Funds Obligated by this action;
(vii) Total Amount of Federal Funds
Obligated to the subrecipient;
(viii) Total Amount of the Federal
Award;
(ix) Federal award project description, as required to be responsive to
the Federal Funding Accountability
and Transparency Act (FFATA);
(x) Name of Federal awarding agency,
pass-through entity, and contact information for awarding official,
(xi) CFDA Number and Name; the
pass-through entity must identify the
dollar amount made available under
each Federal award and the CFDA
number at time of disbursement;
(xii) Identification of whether the
award is R&D; and
(xiii) Indirect cost rate for the Federal award (including if the de minimis
rate is charged per § 200.414 Indirect
(F&A) costs).
(2) All requirements imposed by the
pass-through entity on the subrecipient so that the Federal award is
used in accordance with Federal statutes, regulations and the terms and
conditions of the Federal award.
(3) Any additional requirements that
the pass-through entity imposes on the
subrecipient in order for the passthrough entity to meet its own responsibility to the Federal awarding agency
including identification of any required
financial and performance reports;
(4) An approved federally recognized
indirect cost rate negotiated between
the subrecipient and the Federal government or, if no such rate exists, either a rate negotiated between the
pass-through entity and the subrecipient (in compliance with this
part), or a de minimis indirect cost
rate as defined in § 200.414 Indirect
(F&A) costs, paragraph (b) of this part.
(5) A requirement that the subrecipient permit the pass-through entity and auditors to have access to the
subrecipient’s records and financial
statements as necessary for the passthrough entity to meet the requirements of this section, §§ 200.300 Statutory and national policy requirements
through 200.309 Period of performance,
and Subpart F—Audit Requirements of
this part; and
(6) Appropriate terms and conditions
concerning closeout of the subaward.
(b) Evaluate each subrecipient’s risk
of noncompliance with Federal statutes, regulations, and the terms and
conditions of the subaward for purposes
of determining the appropriate subrecipient monitoring described in paragraph (e) of this section, which may include consideration of such factors as:
(1) The subrecipient’s prior experience with the same or similar subawards;
(2) The results of previous audits including whether or not the subrecipient receives a Single Audit in accordance with Subpart F—Audit Requirements of this part, and the extent
to which the same or similar subaward
has been audited as a major program;
(3) Whether the subrecipient has new
personnel or new or substantially
changed systems; and
(4) The extent and results of Federal
awarding agency monitoring (e.g., if
the subrecipient also receives Federal
awards directly from a Federal awarding agency).
(c)
Consider
imposing
specific
subaward conditions upon a subrecipient if appropriate as described in
§ 200.207 Specific conditions.
(d) Monitor the activities of the subrecipient as necessary to ensure that
the subaward is used for authorized
purposes, in compliance with Federal
statutes, regulations, and the terms
and conditions of the subaward; and
that subaward performance goals are
achieved. Pass-through entity monitoring of the subrecipient must include:
(1) Reviewing financial and programmatic reports required by the
pass-through entity.
(2) Following-up and ensuring that
the subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal award provided
to the subrecipient from the passthrough entity detected through audits, on-site reviews, and other means.
(3) Issuing a management decision for
audit findings pertaining to the Federal award provided to the subrecipient
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§ 200.332
2 CFR Ch. II (1–1–14 Edition)
from the pass-through entity as required by § 200.521 Management decision.
(e) Depending upon the pass-through
entity’s assessment of risk posed by
the subrecipient (as described in paragraph (b) of this section), the following
monitoring tools may be useful for the
pass-through entity to ensure proper
accountability and compliance with
program requirements and achievement of performance goals:
(1) Providing subrecipients with
training and technical assistance on
program-related matters; and
(2) Performing on-site reviews of the
subrecipient’s program operations;
(3) Arranging for agreed-upon-procedures engagements as described in
§ 200.425 Audit services.
(f) Verify that every subrecipient is
audited as required by Subpart F—
Audit Requirements of this part when
it is expected that the subrecipient’s
Federal awards expended during the respective fiscal year equaled or exceeded
the threshold set forth in § 200.501 Audit
requirements.
(g) Consider whether the results of
the subrecipient’s audits, on-site reviews, or other monitoring indicate
conditions that necessitate adjustments to the pass-through entity’s own
records.
(h) Consider taking enforcement action against noncompliant subrecipients as described in § 200.338 Remedies
for noncompliance of this part and in
program regulations.
§ 200.332
Fixed amount subawards.
With prior written approval from the
Federal awarding agency, a passthrough entity may provide subawards
based on fixed amounts up to the Simplified Acquisition Threshold, provided
that the subawards meet the requirements for fixed amount awards in
§ 200.201 Use of grant agreements (including fixed amount awards), cooperative agreements, and contracts.
wreier-aviles on DSK5TPTVN1PROD with CFR
RECORD RETENTION AND ACCESS
§ 200.333 Retention requirements for
records.
Financial records, supporting documents, statistical records, and all
other non-Federal entity records perti-
nent to a Federal award must be retained for a period of three years from
the date of submission of the final expenditure report or, for Federal awards
that are renewed quarterly or annually, from the date of the submission of
the quarterly or annual financial report, respectively, as reported to the
Federal awarding agency or passthrough entity in the case of a subrecipient. Federal awarding agencies
and pass-through entities must not impose any other record retention requirements upon non-Federal entities.
The only exceptions are the following:
(a) If any litigation, claim, or audit
is started before the expiration of the
3-year period, the records must be retained until all litigation, claims, or
audit findings involving the records
have been resolved and final action
taken.
(b) When the non-Federal entity is
notified in writing by the Federal
awarding agency, cognizant agency for
audit, oversight agency for audit, cognizant agency for indirect costs, or
pass-through entity to extend the retention period.
(c) Records for real property and
equipment acquired with Federal funds
must be retained for 3 years after final
disposition.
(d) When records are transferred to or
maintained by the Federal awarding
agency or pass-through entity, the 3year retention requirement is not applicable to the non-Federal entity.
(e) Records for program income
transactions after the period of performance. In some cases recipients
must report program income after the
period of performance. Where there is
such a requirement, the retention period for the records pertaining to the
earning of the program income starts
from the end of the non-Federal entity’s fiscal year in which the program
income is earned.
(f) Indirect cost rate proposals and
cost allocations plans. This paragraph
applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any
similar accounting computations of
the rate at which a particular group of
costs is chargeable (such as computer
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§ 200.337
usage chargeback rates or composite
fringe benefit rates).
(1) If submitted for negotiation. If the
proposal, plan, or other computation is
required to be submitted to the Federal
government (or to the pass-through entity) to form the basis for negotiation
of the rate, then the 3-year retention
period for its supporting records starts
from the date of such submission.
(2) If not submitted for negotiation. If
the proposal, plan, or other computation is not required to be submitted to
the Federal government (or to the
pass-through entity) for negotiation
purposes, then the 3-year retention period for the proposal, plan, or computation and its supporting records starts
from the end of the fiscal year (or
other accounting period) covered by
the proposal, plan, or other computation.
wreier-aviles on DSK5TPTVN1PROD with CFR
§ 200.334 Requests for transfer of
records.
The Federal awarding agency must
request transfer of certain records to
its custody from the non-Federal entity when it determines that the records
possess long-term retention value.
However, in order to avoid duplicate
recordkeeping, the Federal awarding
agency may make arrangements for
the non-Federal entity to retain any
records that are continuously needed
for joint use.
§ 200.335 Methods for collection, transmission and storage of information.
In accordance with the May 2013 Executive Order on Making Open and Machine Readable the New Default for
Government Information, the Federal
awarding agency and the non-Federal
entity should, whenever practicable,
collect, transmit, and store Federal
award-related information in open and
machine readable formats rather than
in closed formats or on paper. The Federal awarding agency or pass-through
entity must always provide or accept
paper versions of Federal award-related
information to and from the non-Federal entity upon request. If paper copies are submitted, the Federal awarding agency or pass-through entity must
not require more than an original and
two copies. When original records are
electronic and cannot be altered, there
is no need to create and retain paper
copies. When original records are
paper, electronic versions may be substituted through the use of duplication
or other forms of electronic media provided that they are subject to periodic
quality control reviews, provide reasonable safeguards against alteration,
and remain readable.
§ 200.336
Access to records.
(a) Records of non-Federal entities. The
Federal awarding agency, Inspectors
General, the Comptroller General of
the United States, and the passthrough entity, or any of their authorized representatives, must have the
right of access to any documents, papers, or other records of the non-Federal entity which are pertinent to the
Federal award, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely
and reasonable access to the non-Federal entity’s personnel for the purpose
of interview and discussion related to
such documents.
(b) Only under extraordinary and
rare circumstances would such access
include review of the true name of victims of a crime. Routine monitoring
cannot be considered extraordinary and
rare circumstances that would necessitate access to this information. When
access to the true name of victims of a
crime is necessary, appropriate steps to
protect this sensitive information must
be taken by both the non-Federal entity and the Federal awarding agency.
Any such access, other than under a
court order or subpoena pursuant to a
bona fide confidential investigation,
must be approved by the head of the
Federal awarding agency or delegate.
(c) Expiration of right of access. The
rights of access in this section are not
limited to the required retention period but last as long as the records are
retained. Federal awarding agencies
and pass-through entities must not impose any other access requirements
upon non-Federal entities.
§ 200.337 Restrictions on public access
to records.
No Federal awarding agency may
place restrictions on the non-Federal
entity that limit public access to the
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§ 200.338
2 CFR Ch. II (1–1–14 Edition)
records of the non-Federal entity pertinent to a Federal award, except for
protected personally identifiable information (PII) or when the Federal
awarding agency can demonstrate that
such records will be kept confidential
and would have been exempted from
disclosure pursuant to the Freedom of
Information Act (5 U.S.C. 552) or controlled unclassified information pursuant to Executive Order 13556 if the
records had belonged to the Federal
awarding agency. The Freedom of Information Act (5 U.S.C. 552) (FOIA)
does not apply to those records that remain under a non-Federal entity’s control except as required under § 200.315
Intangible property. Unless required by
Federal, state, or local statute, nonFederal entities are not required to
permit public access to their records.
The non-Federal entity’s records provided to a Federal agency generally
will be subject to FOIA and applicable
exemptions.
REMEDIES FOR NONCOMPLIANCE
wreier-aviles on DSK5TPTVN1PROD with CFR
§ 200.338
Remedies for noncompliance.
If a non-Federal entity fails to comply with Federal statutes, regulations
or the terms and conditions of a Federal award, the Federal awarding agency or pass-through entity may impose
additional conditions, as described in
§ 200.207 Specific conditions. If the Federal awarding agency or pass-through
entity determines that noncompliance
cannot be remedied by imposing additional conditions, the Federal awarding
agency or pass-through entity may
take one or more of the following actions, as appropriate in the circumstances:
(a) Temporarily withhold cash payments pending correction of the deficiency by the non-Federal entity or
more severe enforcement action by the
Federal awarding agency or passthrough entity.
(b) Disallow (that is, deny both use of
funds and any applicable matching
credit for) all or part of the cost of the
activity or action not in compliance.
(c) Wholly or partly suspend or terminate the Federal award.
(d) Initiate suspension or debarment
proceedings as authorized under 2 CFR
part 180 and Federal awarding agency
regulations (or in the case of a passthrough entity, recommend such a proceeding be initiated by a Federal
awarding agency).
(e) Withhold further Federal awards
for the project or program.
(f) Take other remedies that may be
legally available.
§ 200.339
Termination.
(a) The Federal award may be terminated in whole or in part as follows:
(1) By the Federal awarding agency
or pass-through entity, if a non-Federal entity fails to comply with the
terms and conditions of a Federal
award;
(2) By the Federal awarding agency
or pass-through entity for cause;
(3) By the Federal awarding agency
or pass-through entity with the consent of the non-Federal entity, in
which case the two parties must agree
upon the termination conditions, including the effective date and, in the
case of partial termination, the portion
to be terminated; or
(4) By the non-Federal entity upon
sending to the Federal awarding agency or pass-through entity written notification setting forth the reasons for
such termination, the effective date,
and, in the case of partial termination,
the portion to be terminated. However,
if the Federal awarding agency or passthrough entity determines in the case
of partial termination that the reduced
or modified portion of the Federal
award or subaward will not accomplish
the purposes for which the Federal
award was made, the Federal awarding
agency or pass-through entity may terminate the Federal award in its entirety.
(b) When a Federal award is terminated or partially terminated, both the
Federal awarding agency or passthrough entity and the non-Federal entity remain responsible for compliance
with the requirements in §§ 200.343
Closeout and 200.344 Post-closeout adjustments and continuing responsibilities.
§ 200.340 Notification
requirement.
of
termination
(a) The Federal agency or passthrough entity must provide to the
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§ 200.343
non-Federal entity a notice of termination.
(b) If the Federal award is terminated
for the non-Federal entity’s failure to
comply with the Federal statutes, regulations, or terms and conditions of
the Federal award, the notification
must state that the termination decision may be considered in evaluating
future applications received from the
non-Federal entity.
(c) Upon termination of a Federal
award, the Federal awarding agency
must provide the information required
under FFATA to the Federal Web site
established to fulfill the requirements
of FFATA, and update or notify any
other relevant governmentwide systems or entities of any indications of
poor performance as required by 41
U.S.C. 417b and 31 U.S.C. 3321 and implementing guidance at 2 CFR part 77.
See also the requirements for Suspension and Debarment at 2 CFR part 180.
wreier-aviles on DSK5TPTVN1PROD with CFR
§ 200.341 Opportunities to object, hearings and appeals.
Upon taking any remedy for noncompliance, the Federal awarding
agency must provide the non-Federal
entity an opportunity to object and
provide information and documentation challenging the suspension or termination action, in accordance with
written processes and procedures published by the Federal awarding agency.
The Federal awarding agency or passthrough entity must comply with any
requirements for hearings, appeals or
other
administrative
proceedings
which the non-Federal entity is entitled under any statute or regulation
applicable to the action involved.
§ 200.342 Effects of suspension and termination.
Costs to the non-Federal entity resulting from obligations incurred by
the non-Federal entity during a suspension or after termination of a Federal award or subaward are not allowable unless the Federal awarding agency or pass-through entity expressly authorizes them in the notice of suspension or termination or subsequently.
However, costs during suspension or
after termination are allowable if:
(a) The costs result from obligations
which were properly incurred by the
non-Federal entity before the effective
date of suspension or termination, are
not in anticipation of it; and
(b) The costs would be allowable if
the Federal award was not suspended
or expired normally at the end of the
period of performance in which the termination takes effect.
CLOSEOUT
§ 200.343
Closeout.
The Federal agency or pass-through
entity will close-out the Federal award
when it determines that all applicable
administrative actions and all required
work of the Federal award have been
completed by the non-Federal entity.
This section specifies the actions the
non-Federal entity and Federal awarding agency or pass-through entity must
take to complete this process at the
end of the period of performance.
(a) The non-Federal entity must submit, no later than 90 calendar days
after the end date of the period of performance, all financial, performance,
and other reports as required by or the
terms and conditions of the Federal
award. The Federal awarding agency or
pass-through entity may approve extensions when requested by the nonFederal entity.
(b) Unless the Federal awarding agency or pass-through entity authorizes an
extension, a non-Federal entity must
liquidate all obligations incurred under
the Federal award not later than 90
calendar days after the end date of the
period of performance as specified in
the terms and conditions of the Federal
award.
(c) The Federal awarding agency or
pass-through entity must make prompt
payments to the non-Federal entity for
allowable reimbursable costs under the
Federal award being closed out.
(d) The non-Federal entity must
promptly refund any balances of unobligated cash that the Federal awarding
agency or pass-through entity paid in
advance or paid and that is not authorized to be retained by the non-Federal
entity for use in other projects. See
OMB Circular A–129 and see § 200.345
Collection of amounts due for requirements regarding unreturned amounts
that become delinquent debts.
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§ 200.344
2 CFR Ch. II (1–1–14 Edition)
(e) Consistent with the terms and
conditions of the Federal award, the
Federal awarding agency or passthrough entity must make a settlement for any upward or downward adjustments to the Federal share of costs
after closeout reports are received.
(f) The non-Federal entity must account for any real and personal property acquired with Federal funds or received from the Federal government in
accordance with §§ 200.310 Insurance
coverage through 200.316 Property trust
relationship and 200.329 Reporting on
real property.
(g) The Federal awarding agency or
pass-through entity should complete
all closeout actions for Federal awards
no later than one year after receipt and
acceptance of all required final reports.
POST-CLOSEOUT ADJUSTMENTS AND
CONTINUING RESPONSIBILITIES
wreier-aviles on DSK5TPTVN1PROD with CFR
§ 200.344 Post-closeout
adjustments
and continuing responsibilities.
(a) The closeout of a Federal award
does not affect any of the following.
(1) The right of the Federal awarding
agency or pass-through entity to disallow costs and recover funds on the
basis of a later audit or other review.
The Federal awarding agency or passthrough entity must make any cost
disallowance determination and notify
the non-Federal entity within the
record retention period.
(2) The obligation of the non-Federal
entity to return any funds due as a result of later refunds, corrections, or
other transactions including final indirect cost rate adjustments.
(3) Audit requirements in Subpart
F—Audit Requirements of this part.
(4) Property management and disposition requirements in Subpart D—
Post Federal Award Requirements of
this part, §§ 200.310 Insurance Coverage
through 200.316 Property trust relationship.
(5) Records retention as required in
Subpart D—Post Federal Award Requirements of this part, §§ 200.333 Retention
requirements
for
records
through 200.337 Restrictions on public
access to records.
(b) After closeout of the Federal
award, a relationship created under the
Federal award may be modified or
ended in whole or in part with the consent of the Federal awarding agency or
pass-through entity and the non-Federal entity, provided the responsibilities of the non-Federal entity referred
to in paragraph (a) of this section including those for property management
as applicable, are considered and provisions made for continuing responsibilities of the non-Federal entity, as appropriate.
COLLECTION OF AMOUNTS DUE
§ 200.345
Collection of amounts due.
(a) Any funds paid to the non-Federal
entity in excess of the amount to
which the non-Federal entity is finally
determined to be entitled under the
terms of the Federal award constitute
a debt to the Federal government. If
not paid within 90 calendar days after
demand, the Federal awarding agency
may reduce the debt by:
(1) Making an administrative offset
against other requests for reimbursements;
(2) Withholding advance payments
otherwise due to the non-Federal entity; or
(3) Other action permitted by Federal
statute.
(b) Except where otherwise provided
by statutes or regulations, the Federal
awarding agency will charge interest
on an overdue debt in accordance with
the Federal Claims Collection Standards (31 CFR parts 900 through 999). The
date from which interest is computed
is not extended by litigation or the filing of any form of appeal.
Subpart E—Cost Principles
GENERAL PROVISIONS
§ 200.400
Policy guide.
The application of these cost principles is based on the fundamental
premises that:
(a) The non-Federal entity is responsible for the efficient and effective administration of the Federal award
through the application of sound management practices.
(b) The non-Federal entity assumes
responsibility for administering Federal funds in a manner consistent with
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underlying agreements, program objectives, and the terms and conditions of
the Federal award.
(c) The non-Federal entity, in recognition of its own unique combination
of staff, facilities, and experience, has
the primary responsibility for employing whatever form of sound organization and management techniques may
be necessary in order to assure proper
and efficient administration of the
Federal award.
(d) The application of these cost principles should require no significant
changes in the internal accounting
policies and practices of the non-Federal entity. However, the accounting
practices of the non-Federal entity
must be consistent with these cost
principles and support the accumulation of costs as required by the principles, and must provide for adequate
documentation
to
support
costs
charged to the Federal award.
(e) In reviewing, negotiating and approving cost allocation plans or indirect cost proposals, the cognizant agency for indirect costs should generally
assure that the non-Federal entity is
applying these cost accounting principles on a consistent basis during
their review and negotiation of indirect
cost proposals. Where wide variations
exist in the treatment of a given cost
item by the non-Federal entity, the
reasonableness and equity of such
treatments should be fully considered.
See § 200.56 Indirect (facilities & administrative (F&A)) costs.
(f) For non-Federal entities that educate and engage students in research,
the dual role of students as both trainees and employees contributing to the
completion of Federal awards for research must be recognized in the application of these principles.
(g) The non-Federal entity may not
earn or keep any profit resulting from
Federal financial assistance, unless expressly authorized by the terms and
conditions of the Federal award. See
also § 200.307 Program income.
§ 200.401 Application.
(a) General. These principles must be
used in determining the allowable costs
of work performed by the non-Federal
entity under Federal awards. These
principles also must be used by the
non-Federal entity as a guide in the
pricing of fixed-price contracts and
subcontracts where costs are used in
determining the appropriate price. The
principles do not apply to:
(1) Arrangements under which Federal financing is in the form of loans,
scholarships, fellowships, traineeships,
or other fixed amounts based on such
items as education allowance or published tuition rates and fees.
(2) For IHEs, capitation awards,
which are awards based on case counts
or number of beneficiaries according to
the terms and conditions of the Federal
award.
(3) Fixed amount awards. See also
Subpart A—Acronyms and Definitions,
§§ 200.45 Fixed amount awards and
200.201 Use of grant agreements (including fixed amount awards), cooperative
agreements, and contracts.
(4) Federal awards to hospitals (see
Appendix IX to Part 200—Hospital Cost
Principles).
(5) Other awards under which the
non-Federal entity is not required to
account to the Federal government for
actual costs incurred.
(b) Federal Contract. Where a Federal
contract awarded to a non-Federal entity is subject to the Cost Accounting
Standards (CAS), it incorporates the
applicable CAS clauses, Standards, and
CAS administration requirements per
the 48 CFR Chapter 99 and 48 CFR part
30 (FAR Part 30). CAS applies directly
to the CAS-covered contract and the
Cost Accounting Standards at 48 CFR
parts 9904 or 9905 takes precedence over
the cost principles in this Subpart E—
Cost Principles of this part with respect to the allocation of costs. When a
contract with a non-Federal entity is
subject to full CAS coverage, the allowability of certain costs under the
cost principles will be affected by the
allocation provisions of the Cost Accounting Standards (e.g., CAS 414—48
CFR 9904.414, Cost of Money as an Element of the Cost of Facilities Capital,
and CAS 417—48 CFR 9904.417, Cost of
Money as an Element of the Cost of
Capital Assets Under Construction),
apply rather the allowability provisions of § 200.449 Interest. In complying
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§ 200.402
2 CFR Ch. II (1–1–14 Edition)
with those requirements, the non-Federal entity’s application of cost accounting practices for estimating, accumulating, and reporting costs for
other Federal awards and other cost
objectives under the CAS-covered contract still must be consistent with its
cost accounting practices for the CAScovered contracts. In all cases, only
one set of accounting records needs to
be maintained for the allocation of
costs by the non-Federal entity.
(c) Exemptions. Some nonprofit organizations, because of their size and nature of operations, can be considered to
be similar to for-profit entities for purpose of applicability of cost principles.
Such nonprofit organizations must operate under Federal cost principles applicable to for-profit entities located at
48 CFR 31.2. A listing of these organizations is contained in Appendix VIII to
Part 200—Nonprofit Organizations Exempted From Subpart E—Cost Principles of this part. Other organizations,
as approved by the cognizant agency
for indirect costs, may be added from
time to time.
BASIC CONSIDERATIONS
§ 200.402
Composition of costs.
Total cost. The total cost of a Federal
award is the sum of the allowable direct and allocable indirect costs less
any applicable credits.
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§ 200.403 Factors affecting allowability
of costs.
Except where otherwise authorized
by statute, costs must meet the following general criteria in order to be
allowable under Federal awards:
(a) Be necessary and reasonable for
the performance of the Federal award
and be allocable thereto under these
principles.
(b) Conform to any limitations or exclusions set forth in these principles or
in the Federal award as to types or
amount of cost items.
(c) Be consistent with policies and
procedures that apply uniformly to
both federally-financed and other activities of the non-Federal entity.
(d) Be accorded consistent treatment.
A cost may not be assigned to a Federal award as a direct cost if any other
cost incurred for the same purpose in
like circumstances has been allocated
to the Federal award as an indirect
cost.
(e) Be determined in accordance with
generally accepted accounting principles (GAAP), except, for state and
local governments and Indian tribes
only, as otherwise provided for in this
part.
(f) Not be included as a cost or used
to meet cost sharing or matching requirements of any other federally-financed program in either the current
or a prior period. See also § 200.306 Cost
sharing or matching paragraph (b).
(g) Be adequately documented. See
also §§ 200.300 Statutory and national
policy requirements through 200.309 Period of performance of this part.
§ 200.404
Reasonable costs.
A cost is reasonable if, in its nature
and amount, it does not exceed that
which would be incurred by a prudent
person under the circumstances prevailing at the time the decision was
made to incur the cost. The question of
reasonableness is particularly important when the non-Federal entity is
predominantly federally-funded. In determining reasonableness of a given
cost, consideration must be given to:
(a) Whether the cost is of a type generally recognized as ordinary and necessary for the operation of the nonFederal entity or the proper and efficient performance of the Federal
award.
(b) The restraints or requirements
imposed by such factors as: sound business
practices;
arm’s-length
bargaining; Federal, state and other laws
and regulations; and terms and conditions of the Federal award.
(c) Market prices for comparable
goods or services for the geographic
area.
(d) Whether the individuals concerned acted with prudence in the circumstances considering their responsibilities to the non-Federal entity, its
employees, where applicable its students or membership, the public at
large, and the Federal government.
(e) Whether the non-Federal entity
significantly deviates from its established practices and policies regarding
the incurrence of costs, which may
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unjustifiably
award’s cost.
§ 200.406
increase
the
Federal
§ 200.405 Allocable costs.
(a) A cost is allocable to a particular
Federal award or other cost objective if
the goods or services involved are
chargeable or assignable to that Federal award or cost objective in accordance with relative benefits received.
This standard is met if the cost:
(1) Is incurred specifically for the
Federal award;
(2) Benefits both the Federal award
and other work of the non-Federal entity and can be distributed in proportions that may be approximated using
reasonable methods; and
(3) Is necessary to the overall operation of the non-Federal entity and is
assignable in part to the Federal award
in accordance with the principles in
this subpart.
(b) All activities which benefit from
the non-Federal entity’s indirect (F&A)
cost, including unallowable activities
and donated services by the non-Federal entity or third parties, will receive
an appropriate allocation of indirect
costs.
(c) Any cost allocable to a particular
Federal award under the principles provided for in this part may not be
charged to other Federal awards to
overcome fund deficiencies, to avoid restrictions imposed by Federal statutes,
regulations, or terms and conditions of
the Federal awards, or for other reasons. However, this prohibition would
not preclude the non-Federal entity
from shifting costs that are allowable
under two or more Federal awards in
accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal awards.
(d) Direct cost allocation principles.
If a cost benefits two or more projects
or activities in proportions that can be
determined without undue effort or
cost, the cost should be allocated to
the projects based on the proportional
benefit. If a cost benefits two or more
projects or activities in proportions
that cannot be determined because of
the interrelationship of the work involved, then, notwithstanding paragraph (c) of this section, the costs may
be allocated or transferred to benefitted projects on any reasonable docu-
mented basis. Where the purchase of
equipment or other capital asset is specifically authorized under a Federal
award, the costs are assignable to the
Federal award regardless of the use
that may be made of the equipment or
other capital asset involved when no
longer needed for the purpose for which
it was originally required. See also
§§ 200.310 Insurance coverage through
200.316 Property trust relationship and
200.439 Equipment and other capital expenditures.
(e) If the contract is subject to CAS,
costs must be allocated to the contract
pursuant to the Cost Accounting
Standards. To the extent that CAS is
applicable, the allocation of costs in
accordance with CAS takes precedence
over the allocation provisions in this
part.
§ 200.406
Applicable credits.
(a) Applicable credits refer to those
receipts or reduction-of-expendituretype transactions that offset or reduce
expense items allocable to the Federal
award as direct or indirect (F&A) costs.
Examples of such transactions are: purchase discounts, rebates or allowances,
recoveries or indemnities on losses, insurance refunds or rebates, and adjustments of overpayments or erroneous
charges. To the extent that such credits accruing to or received by the nonFederal entity relate to allowable
costs, they must be credited to the
Federal award either as a cost reduction or cash refund, as appropriate.
(b) In some instances, the amounts
received from the Federal government
to finance activities or service operations of the non-Federal entity should
be treated as applicable credits. Specifically, the concept of netting such
credit items (including any amounts
used to meet cost sharing or matching
requirements) should be recognized in
determining the rates or amounts to be
charged to the Federal award. (See
§§ 200.436 Depreciation and 200.468 Specialized service facilities, for areas of
potential application in the matter of
Federal financing of activities.)
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§ 200.407
2 CFR Ch. II (1–1–14 Edition)
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§ 200.407 Prior written approval (prior
approval).
Under any given Federal award, the
reasonableness and allocability of certain items of costs may be difficult to
determine. In order to avoid subsequent disallowance or dispute based on
unreasonableness or nonallocability,
the non-Federal entity may seek the
prior written approval of the cognizant
agency for indirect costs or the Federal
awarding agency in advance of the incurrence of special or unusual costs.
Prior written approval should include
the timeframe or scope of the agreement. The absence of prior written approval on any element of cost will not,
in itself, affect the reasonableness or
allocability of that element, unless
prior approval is specifically required
for allowability as described under certain circumstances in the following
sections of this part:
(a) § 200.201 Use of grant agreements
(including fixed amount awards), cooperative agreements, and contracts,
paragraph (b)(5);
(b) § 200.306 Cost sharing or matching;
(c) § 200.307 Program income;
(d) § 200.308 Revision of budget and
program plans;
(e) § 200.332 Fixed amount subawards;
(f) § 200.413 Direct costs, paragraph
(c);
(g) § 200.430 Compensation—personal
services, paragraph (h);
(h) § 200.431 Compensation—fringe
benefits;
(i) § 200.438 Entertainment costs;
(j) § 200.439 Equipment and other capital expenditures;
(k) § 200.440 Exchange rates;
(l) § 200.441 Fines, penalties, damages
and other settlements;
(m) § 200.442 Fund raising and investment management costs;
(n) § 200.445 Goods or services for personal use;
(o) § 200.447 Insurance and indemnification;
(p) § 200.454 Memberships, subscriptions, and professional activity costs,
paragraph (c);
(q) § 200.455 Organization costs;
(r) § 200.456 Participant support costs;
(s) § 200.458 Pre-award costs;
(t) § 200.462 Rearrangement and reconversion costs;
(u) § 200.467 Selling and marketing
costs; and
(v) § 200.474 Travel costs.
§ 200.408 Limitation on allowance of
costs.
The Federal award may be subject to
statutory requirements that limit the
allowability of costs. When the maximum amount allowable under a limitation is less than the total amount determined in accordance with the principles in this part, the amount not recoverable under the Federal award may
not be charged to the Federal award.
§ 200.409
Special considerations.
In addition to the basic considerations regarding the allowability of
costs highlighted in this subtitle, other
subtitles in this part describe special
considerations and requirements applicable to states, local governments, Indian tribes, and IHEs. In addition, certain provisions among the items of cost
in this subpart, are only applicable to
certain types of non-Federal entities,
as specified in the following sections:
(a) Direct and Indirect (F&A) Costs
(§§ 200.412
Classification
of
costs
through 200.415 Required certifications)
of this subpart;
(b) Special Considerations for States,
Local Governments and Indian Tribes
(§§ 200.416 Cost allocation plans and indirect cost proposals and 200.417 Interagency service) of this subpart; and
(c) Special Considerations for Institutions of Higher Education (§§ 200.418
Costs incurred by states and local governments and 200.419 Cost accounting
standards and disclosure statement) of
this subpart.
§ 200.410 Collection
costs.
of
unallowable
Payments made for costs determined
to be unallowable by either the Federal
awarding agency, cognizant agency for
indirect costs, or pass-through entity,
either as direct or indirect costs, must
be refunded (including interest) to the
Federal government in accordance
with instructions from the Federal
agency that determined the costs are
unallowable unless Federal statute or
regulation directs otherwise. See also
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§ 200.413
Subpart D—Post Federal Award Requirements of this part, §§ 200.300 Statutory and national policy requirements
through 200.309 Period of performance.
the amount or proportion of unallowable costs included in the base year
proposal used to establish the rate.
DIRECT AND INDIRECT (F&A) COSTS
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§ 200.411 Adjustment of previously negotiated indirect (F&A) cost rates
containing unallowable costs.
(a) Negotiated indirect (F&A) cost
rates based on a proposal later found to
have included costs that:
(1) Are unallowable as specified by
Federal statutes, regulations or the
terms and conditions of a Federal
award; or
(2) Are unallowable because they are
not allocable to the Federal award(s),
must be adjusted, or a refund must be
made, in accordance with the requirements of this section. These adjustments or refunds are designed to correct the proposals used to establish the
rates and do not constitute a reopening
of the rate negotiation. The adjustments or refunds will be made regardless of the type of rate negotiated (predetermined, final, fixed, or provisional).
(b) For rates covering a future fiscal
year of the non-Federal entity, the unallowable costs will be removed from
the indirect (F&A) cost pools and the
rates appropriately adjusted.
(c) For rates covering a past period,
the Federal share of the unallowable
costs will be computed for each year
involved and a cash refund (including
interest chargeable in accordance with
applicable regulations) will be made to
the Federal government. If cash refunds are made for past periods covered
by provisional or fixed rates, appropriate adjustments will be made when
the rates are finalized to avoid duplicate recovery of the unallowable costs
by the Federal government.
(d) For rates covering the current period, either a rate adjustment or a refund, as described in paragraphs (b) and
(c) of this section, must be required by
the cognizant agency for indirect costs.
The choice of method must be at the
discretion of the cognizant agency for
indirect costs, based on its judgment as
to which method would be most practical.
(e) The amount or proportion of unallowable costs included in each year’s
rate will be assumed to be the same as
§ 200.412
Classification of costs.
There is no universal rule for
classifying certain costs as either direct or indirect (F&A) under every accounting system. A cost may be direct
with respect to some specific service or
function, but indirect with respect to
the Federal award or other final cost
objective. Therefore, it is essential
that each item of cost incurred for the
same purpose be treated consistently
in like circumstances either as a direct
or an indirect (F&A) cost in order to
avoid possible double-charging of Federal awards. Guidelines for determining
direct and indirect (F&A) costs charged
to Federal awards are provided in this
subpart.
§ 200.413
Direct costs.
(a) General. Direct costs are those
costs that can be identified specifically
with a particular final cost objective,
such as a Federal award, or other internally or externally funded activity, or
that can be directly assigned to such
activities relatively easily with a high
degree of accuracy. Costs incurred for
the same purpose in like circumstances
must be treated consistently as either
direct or indirect (F&A) costs. See also
§ 200.405 Allocable costs.
(b) Application to Federal awards.
Identification with the Federal award
rather than the nature of the goods and
services involved is the determining
factor in distinguishing direct from indirect (F&A) costs of Federal awards.
Typical costs charged directly to a
Federal award are the compensation of
employees who work on that award,
their related fringe benefit costs, the
costs of materials and other items of
expense incurred for the Federal award.
If directly related to a specific award,
certain costs that otherwise would be
treated as indirect costs may also include extraordinary utility consumption, the cost of materials supplied
from stock or services rendered by specialized facilities or other institutional
service operations.
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§ 200.414
2 CFR Ch. II (1–1–14 Edition)
(c) The salaries of administrative and
clerical staff should normally be treated as indirect (F&A) costs. Direct
charging of these costs may be appropriate only if all of the following conditions are met:
(1) Administrative or clerical services are integral to a project or activity;
(2) Individuals involved can be specifically identified with the project or
activity;
(3) Such costs are explicitly included
in the budget or have the prior written
approval of the Federal awarding agency; and
(4) The costs are not also recovered
as indirect costs.
(d) Minor items. Any direct cost of
minor amount may be treated as an indirect (F&A) cost for reasons of practicality where such accounting treatment for that item of cost is consistently applied to all Federal and nonFederal cost objectives.
(e) The costs of certain activities are
not allowable as charges to Federal
awards. However, even though these
costs are unallowable for purposes of
computing charges to Federal awards,
they nonetheless must be treated as direct costs for purposes of determining
indirect (F&A) cost rates and be allocated their equitable share of the nonFederal entity’s indirect costs if they
represent activities which:
(1) Include the salaries of personnel,
(2) Occupy space, and
(3) Benefit from the non-Federal entity’s indirect (F&A) costs.
(f) For nonprofit organizations, the
costs of activities performed by the
non-Federal entity primarily as a service to members, clients, or the general
public when significant and necessary
to the non-Federal entity’s mission
must be treated as direct costs whether
or not allowable, and be allocated an
equitable share of indirect (F&A) costs.
Some examples of these types of activities include:
(1) Maintenance of membership rolls,
subscriptions, publications, and related
functions. See also § 200.454 Memberships, subscriptions, and professional
activity costs.
(2) Providing services and information to members, legislative or administrative bodies, or the public. See also
§§ 200.454 Memberships, subscriptions,
and professional activity costs and
200.450 Lobbying.
(3) Promotion, lobbying, and other
forms of public relations. See also
§§ 200.421 Advertising and public relations and 200.450 Lobbying.
(4) Conferences except those held to
conduct the general administration of
the non-Federal entity. See also
§ 200.432 Conferences.
(5) Maintenance, protection, and investment of special funds not used in
operation of the non-Federal entity.
(6) Administration of group benefits
on behalf of members or clients, including life and hospital insurance, annuity or retirement plans, and financial aid. See also § 200.431 Compensation—fringe benefits.
§ 200.414 Indirect (F&A) costs.
(a) Facilities and Administration Classification. For major IHEs and major
nonprofit organizations, indirect (F&A)
costs must be classified within two
broad categories: ‘‘Facilities’’ and
‘‘Administration.’’ ‘‘Facilities’’ is defined as depreciation on buildings,
equipment and capital improvement,
interest on debt associated with certain buildings, equipment and capital
improvements, and operations and
maintenance expenses. ‘‘Administration’’ is defined as general administration and general expenses such as the
director’s office, accounting, personnel
and all other types of expenditures not
listed specifically under one of the subcategories of ‘‘Facilities’’ (including
cross allocations from other pools,
where applicable). For nonprofit organizations, library expenses are included
in the ‘‘Administration’’ category; for
institutions of higher education, they
are included in the ‘‘Facilities’’ category. Major IHEs are defined as those
required to use the Standard Format
for Submission as noted in Appendix III
to Part 200—Indirect (F&A) Costs Identification and Assignment, and Rate
Determination for Institutions of Higher Education (IHEs) paragraph C. 11.
Major nonprofit organizations are
those which receive more than $10 million dollars in direct Federal funding.
(b) Diversity of nonprofit organizations.
Because of the diverse characteristics
and accounting practices of nonprofit
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§ 200.414
organizations, it is not possible to
specify the types of cost which may be
classified as indirect (F&A) cost in all
situations. Identification with a Federal award rather than the nature of
the goods and services involved is the
determining factor in distinguishing
direct from indirect (F&A) costs of
Federal awards. However, typical examples of indirect (F&A) cost for many
nonprofit organizations may include
depreciation on buildings and equipment, the costs of operating and maintaining facilities, and general administration and general expenses, such as
the salaries and expenses of executive
officers, personnel administration, and
accounting.
(c) Federal Agency Acceptance of Negotiated Indirect Cost Rates. (See also
§ 200.306 Cost sharing or matching.)
(1) The negotiated rates must be accepted by all Federal awarding agencies. A Federal awarding agency may
use a rate different from the negotiated
rate for a class of Federal awards or a
single Federal award only when required by Federal statute or regulation, or when approved by a Federal
awarding agency head or delegate
based on documented justification as
described in paragraph (c)(3) of this
section.
(2) The Federal awarding agency head
or delegate must notify OMB of any approved deviations.
(3) The Federal awarding agency
must implement, and make publicly
available, the policies, procedures and
general decision making criteria that
their programs will follow to seek and
justify deviations from negotiated
rates.
(4) As required under § 200.203 Notices
of funding opportunities, the Federal
awarding agency must include in the
notice of funding opportunity the policies relating to indirect cost rate reimbursement, matching, or cost share as
approved under paragraph (e)(1) of this
section. As appropriate, the Federal
agency should incorporate discussion
of these policies into Federal awarding
agency outreach activities with nonFederal entities prior to the posting of
a notice of funding opportunity.
(d) Pass-through entities are subject
to the requirements in § 200.331 Re-
quirements for pass-through entities,
paragraph (a)(4).
(e) Requirements for development
and submission of indirect (F&A) cost
rate proposals and cost allocation
plans are contained in Appendices III–
VII as follows:
(1) Appendix III to Part 200—Indirect
(F&A) Costs Identification and Assignment, and Rate Determination for
(2) Appendix IV to Part 200—Indirect
(F&A) Costs Identification and Assignment, and Rate Determination for Nonprofit Organizations;
(3) Appendix V to Part 200—State/
Local Government and Indian TribeWide Central Service Cost Allocation
Plans;
(4) Appendix VI to Part 200—Public
Assistance Cost Allocation Plans; and
(5) Appendix VII to Part 200—States
and Local Government and Indian
Tribe Indirect Cost Proposals.
(f) In addition to the procedures outlined in the appendices in paragraph (e)
of this section, any non-Federal entity
that has never received a negotiated
indirect cost rate, except for those nonFederal entities described in Appendix
VII to Part 200—States and Local Government and Indian Tribe Indirect Cost
Proposals, paragraph (d)(1)(B) may
elect to charge a de minimis rate of)
10% of modified total direct costs
(MTDC) which may be used indefinitely. As described in § 200.403 Factors
affecting allowability of costs, costs
must be consistently charged as either
indirect or direct costs, but may not be
double
charged
or
inconsistently
charged as both. If chosen, this methodology once elected must be used consistently for all Federal awards until
such time as a non-Federal entity
chooses to negotiate for a rate, which
the non-Federal entity may apply to do
at any time.
(g) Any non-Federal entity that has a
federally negotiated indirect cost rate
may apply for a one-time extension of
a current negotiated indirect cost rates
for a period of up to four years. This
extension will be subject to the review
and approval of the cognizant agency
for indirect costs. If an extension is
granted the non-Federal entity may
not request a rate review until the extension period ends. At the end of the
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4-year extension, the non-Federal entity must re-apply to negotiate a rate.
§ 200.415 Required certifications.
Required certifications include:
(a) To assure that expenditures are
proper and in accordance with the
terms and conditions of the Federal
award and approved project budgets,
the annual and final fiscal reports or
vouchers requesting payment under the
agreements must include a certification, signed by an official who is authorized to legally bind the non-Federal entity, which reads as follows: ‘‘By
signing this report, I certify to the best
of my knowledge and belief that the report is true, complete, and accurate,
and the expenditures, disbursements
and cash receipts are for the purposes
and objectives set forth in the terms
and conditions of the Federal award. I
am aware that any false, fictitious, or
fraudulent information, or the omission of any material fact, may subject
me to criminal, civil or administrative
penalties for fraud, false statements,
false claims or otherwise. (U.S. Code
Title 18, Section 1001 and Title 31, Sections 3729–3730 and 3801–3812).’’
(b) Certification of cost allocation
plan or indirect (F&A) cost rate proposal. Each cost allocation plan or indirect (F&A) cost rate proposal must
comply with the following:
(1) A proposal to establish a cost allocation plan or an indirect (F&A) cost
rate, whether submitted to a Federal
cognizant agency for indirect costs or
maintained on file by the non-Federal
entity, must be certified by the nonFederal entity using the Certificate of
Cost Allocation Plan or Certificate of
Indirect Costs as set forth in Appendices III through VII. The certificate
must be signed on behalf of the nonFederal entity by an individual at a
level no lower than vice president or
chief financial officer of the non-Federal entity that submits the proposal.
(2) Unless the non-Federal entity has
elected the option under § 200.414 Indirect (F&A) costs, paragraph (f), the
Federal government may either disallow all indirect (F&A) costs or unilaterally establish such a plan or rate
when the non-Federal entity fails to
submit a certified proposal for establishing such a plan or rate in accord-
ance with the requirements. Such a
plan or rate may be based upon audited
historical data or such other data that
have been furnished to the cognizant
agency for indirect costs and for which
it can be demonstrated that all unallowable costs have been excluded.
When a cost allocation plan or indirect
cost rate is unilaterally established by
the Federal government because the
non-Federal entity failed to submit a
certified proposal, the plan or rate established will be set to ensure that potentially unallowable costs will not be
reimbursed.
(c) Certifications by non-profit organizations as appropriate that they did
not meet the definition of a major corporation as defined in § 200.414 Indirect
(F&A) costs, paragraph (a).
(d) See also § 200.450 Lobbying for another required certification.
SPECIAL CONSIDERATIONS FOR STATES,
LOCAL GOVERNMENTS AND INDIAN
TRIBES
§ 200.416 Cost allocation plans and indirect cost proposals.
(a) For states, local governments and
Indian tribes, certain services, such as
motor pools, computer centers, purchasing, accounting, etc., are provided
to operating agencies on a centralized
basis. Since Federal awards are performed within the individual operating
agencies, there needs to be a process
whereby these central service costs can
be identified and assigned to benefitted
activities on a reasonable and consistent basis. The central service cost
allocation plan provides that process.
(b) Individual operating agencies
(governmental department or agency),
normally charge Federal awards for indirect costs through an indirect cost
rate. A separate indirect cost rate(s)
proposal for each operating agency is
usually necessary to claim indirect
costs under Federal awards. Indirect
costs include:
(1) The indirect costs originating in
each department or agency of the governmental unit carrying out Federal
awards and
(2) The costs of central governmental
services distributed through the central service cost allocation plan and
not otherwise treated as direct costs.
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(c) The requirements for development
and submission of cost allocation plans
(for central service costs and public assistance programs) and indirect cost
rate proposals are contained in appendices IV, V and VI to this part.
§ 200.417
Interagency service.
The cost of services provided by one
agency to another within the governmental unit may include allowable direct costs of the service plus a prorated share of indirect costs. A standard indirect cost allowance equal to
ten percent of the direct salary and
wage cost of providing the service (excluding overtime, shift premiums, and
fringe benefits) may be used in lieu of
determining the actual indirect costs
of the service. These services do not include centralized services included in
central service cost allocation plans as
described in Appendix V to Part 200—
State/Local Government and Indian
Tribe-Wide Central Service Cost Allocation Plans.
SPECIAL CONSIDERATIONS FOR
INSTITUTIONS OF HIGHER EDUCATION
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§ 200.418 Costs incurred by states and
local governments.
Costs incurred or paid by a state or
local government on behalf of its IHEs
for fringe benefit programs, such as
pension costs and FICA and any other
costs specifically incurred on behalf of,
and in direct benefit to, the IHEs, are
allowable costs of such IHEs whether
or not these costs are recorded in the
accounting records of the institutions,
subject to the following:
(a) The costs meet the requirements
of §§ 200.402 Composition of costs
through 200.411 Adjustment of previously negotiated indirect (F&A) cost
rates containing unallowable costs, of
this subpart;
(b) The costs are properly supported
by approved cost allocation plans in accordance with applicable Federal cost
accounting principles in this part; and
(c) The costs are not otherwise borne
directly or indirectly by the Federal
government.
§ 200.419 Cost accounting standards
and disclosure statement.
(a) An IHE that receives aggregate
Federal awards totaling $50 million or
more in Federal awards subject to this
part in its most recently completed fiscal year must comply with the Cost
Accounting Standards Board’s cost accounting standards located at 48 CFR
9905.501, 9905.502, 9905.505, and 9905.506.
CAS-covered contracts awarded to the
IHEs are subject to the CAS requirements at 48 CFR 9900 through 9999 and
48 CFR part 30 (FAR Part 30).
(b) Disclosure statement. An IHE that
receives aggregate Federal awards totaling $50 million or more subject to
this part during its most recently completed fiscal year must disclose their
cost accounting practices by filing a
Disclosure Statement (DS–2), which is
reproduced in Appendix III to Part
200—Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Institutions of Higher
Education (IHEs). With the approval of
the cognizant agency for indirect costs,
an IHE may meet the DS–2 submission
by submitting the DS–2 for each business unit that received $50 million or
more in Federal awards.
(1) The DS–2 must be submitted to
the cognizant agency for indirect costs
with a copy to the IHE’s cognizant
agency for audit.
(2) An IHE is responsible for maintaining an accurate DS–2 and complying with disclosed cost accounting
practices. An IHE must file amendments to the DS–2 to the cognizant
agency for indirect costs six months in
advance of a disclosed practices being
changed to comply with a new or modified standard, or when practices are
changed for other reasons. An IHE may
proceed with implementing the change
only if it has not been notified by the
Federal cognizant agency for indirect
costs that either a longer period will be
needed for review or there are concerns
with the potential change within the
six months period. Amendments of a
DS–2 may be submitted at any time.
Resubmission of a complete, updated
DS–2 is discouraged except when there
are extensive changes to disclosed
practices.
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(3) Cost and funding adjustments. Cost
adjustments must be made by the cognizant agency for indirect costs if an
IHE fails to comply with the cost policies in this part or fails to consistently
follow its established or disclosed cost
accounting practices when estimating,
accumulating or reporting the costs of
Federal awards, and the aggregate cost
impact on Federal awards is material.
The cost adjustment must normally be
made on an aggregate basis for all affected Federal awards through an adjustment of the IHE’s future F&A costs
rates or other means considered appropriate by the cognizant agency for indirect costs. Under the terms of CAS covered contracts, adjustments in the
amount of funding provided may also
be required when the estimated proposal costs were not determined in accordance with established cost accounting practices.
(4) Overpayments. Excess amounts
paid in the aggregate by the Federal
government under Federal awards due
to a noncompliant cost accounting
practice used to estimate, accumulate,
or report costs must be credited or refunded, as deemed appropriate by the
cognizant agency for indirect costs. Interest applicable to the excess amounts
paid in the aggregate during the period
of noncompliance must also be determined and collected in accordance with
applicable Federal agency regulations.
(5) Compliant cost accounting practice
changes. Changes from one compliant
cost accounting practice to another
compliant practice that are approved
by the cognizant agency for indirect
costs may require cost adjustments if
the change has a material effect on
Federal awards and the changes are
deemed appropriate by the cognizant
agency for indirect costs.
(6) Responsibilities. The cognizant
agency for indirect cost must:
(i) Determine cost adjustments for
all Federal awards in the aggregate on
behalf of the Federal Government. Actions of the cognizant agency for indirect cost in making cost adjustment
determinations must be coordinated
with all affected Federal awarding
agencies to the extent necessary.
(ii) Prescribe guidelines and establish
internal procedures to promptly determine on behalf of the Federal Govern-
ment that a DS–2 adequately discloses
the IHE’s cost accounting practices
and that the disclosed practices are
compliant with applicable CAS and the
requirements of this part.
(iii) Distribute to all affected Federal
awarding agencies any DS–2 determination of adequacy or noncompliance.
GENERAL PROVISIONS FOR SELECTED
ITEMS OF COST
§ 200.420 Considerations for selected
items of cost.
This section provides principles to be
applied in establishing the allowability
of certain items involved in determining cost, in addition to the requirements of Subtitle II. Basic Considerations of this subpart. These principles
apply whether or not a particular item
of cost is properly treated as direct
cost or indirect (F&A) cost. Failure to
mention a particular item of cost is
not intended to imply that it is either
allowable or unallowable; rather, determination as to allowability in each
case should be based on the treatment
provided for similar or related items of
cost, and based on the principles described in §§ 200.402 Composition of
costs through 200.411 Adjustment of
previously negotiated indirect (F&A)
cost rates containing unallowable
costs. In case of a discrepancy between
the provisions of a specific Federal
award and the provisions below, the
Federal award governs. Criteria outlined in § 200.403 Factors affecting allowability of costs must be applied in
determining allowability. See also
§ 200.102 Exceptions.
§ 200.421 Advertising and public relations.
(a) The term advertising costs means
the costs of advertising media and corollary administrative costs. Advertising media include magazines, newspapers, radio and television, direct
mail, exhibits, electronic or computer
transmittals, and the like.
(b) The only allowable advertising
costs are those which are solely for:
(1) The recruitment of personnel required by the non-Federal entity for
performance of a Federal award (See
also § 200.463 Recruiting costs);
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(2) The procurement of goods and
services for the performance of a Federal award;
(3) The disposal of scrap or surplus
materials acquired in the performance
of a Federal award except when nonFederal entities are reimbursed for disposal costs at a predetermined amount;
or
(4) Program outreach and other specific purposes necessary to meet the requirements of the Federal award.
(c) The term ‘‘public relations’’ includes community relations and means
those activities dedicated to maintaining the image of the non-Federal entity
or maintaining or promoting understanding and favorable relations with
the community or public at large or
any segment of the public.
(d) The only allowable public relations costs are:
(1) Costs specifically required by the
Federal award;
(2) Costs of communicating with the
public and press pertaining to specific
activities or accomplishments which
result from performance of the Federal
award (these costs are considered necessary as part of the outreach effort for
the Federal award); or
(3) Costs of conducting general liaison with news media and government
public relations officers, to the extent
that such activities are limited to communication and liaison necessary to
keep the public informed on matters of
public concern, such as notices of funding opportunities, financial matters,
etc.
(e) Unallowable advertising and public relations costs include the following:
(1) All advertising and public relations costs other than as specified in
paragraphs (b) and (d) of this section;
(2) Costs of meetings, conventions,
convocations, or other events related
to other activities of the entity (see
also § 200.432 Conferences), including:
(i) Costs of displays, demonstrations,
and exhibits;
(ii) Costs of meeting rooms, hospitality suites, and other special facilities used in conjunction with shows
and other special events; and
(iii) Salaries and wages of employees
engaged in setting up and displaying
exhibits, making demonstrations, and
providing briefings;
(3) Costs of promotional items and
memorabilia, including models, gifts,
and souvenirs;
(4) Costs of advertising and public relations designed solely to promote the
non-Federal entity.
§ 200.422 Advisory councils.
Costs incurred by advisory councils
or committees are unallowable unless
authorized by statute, the Federal
awarding agency or as an indirect cost
where allocable to Federal awards. See
§ 200.444 General costs of government,
applicable to states, local governments
and Indian tribes.
§ 200.423 Alcoholic beverages.
Costs of alcoholic beverages are unallowable.
§ 200.424 Alumni/ae activities.
Costs incurred by IHEs for, or in support of, alumni/ae activities are unallowable.
§ 200.425 Audit services.
(a) A reasonably proportionate share
of the costs of audits required by, and
performed in accordance with, the Single Audit Act Amendments of 1996 (31
U.S.C. 7501–7507), as implemented by requirements of this part, are allowable.
However, the following audit costs are
unallowable:
(1) Any costs when audits required by
the Single Audit Act and Subpart F—
Audit Requirements of this part have
not been conducted or have been conducted but not in accordance therewith; and
(2) Any costs of auditing a non-Federal entity that is exempted from having an audit conducted under the Single Audit Act and Subpart F—Audit
Requirements of this part because its
expenditures under Federal awards are
less than $750,000 during the non-Federal entity’s fiscal year.
(b) The costs of a financial statement
audit of a non-Federal entity that does
not currently have a Federal award
may be included in the indirect cost
pool for a cost allocation plan or indirect cost proposal.
(c) Pass-through entities may charge
Federal awards for the cost of agreed-
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2 CFR Ch. II (1–1–14 Edition)
upon-procedures engagements to monitor subrecipients (in accordance with
Subpart D—Post Federal Award Requirements of this part, §§ 200.330 Subrecipient and contractor determinations through 200.332 Fixed Amount
Subawards) who are exempted from the
requirements of the Single Audit Act
and Subpart F—Audit Requirements of
this part. This cost is allowable only if
the agreed-upon-procedures engagements are:
(1) Conducted in accordance with
GAGAS attestation standards;
(2) Paid for and arranged by the passthrough entity; and
(3) Limited in scope to one or more of
the following types of compliance requirements: activities allowed or
unallowed; allowable costs/cost principles; eligibility; and reporting.
§ 200.426
Bad debts.
Bad debts (debts which have been determined to be uncollectable), including losses (whether actual or estimated) arising from uncollectable accounts and other claims, are unallowable. Related collection costs, and related legal costs, arising from such
debts after they have been determined
to be uncollectable are also unallowable. See also § 200.428 Collections of
improper payments.
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§ 200.427
Bonding costs.
(a) Bonding costs arise when the Federal awarding agency requires assurance against financial loss to itself or
others by reason of the act or default
of the non-Federal entity. They arise
also in instances where the non-Federal entity requires similar assurance,
including: bonds as bid, performance,
payment, advance payment, infringement, and fidelity bonds for employees
and officials.
(b) Costs of bonding required pursuant to the terms and conditions of the
Federal award are allowable.
(c) Costs of bonding required by the
non-Federal entity in the general conduct of its operations are allowable as
an indirect cost to the extent that such
bonding is in accordance with sound
business practice and the rates and premiums are reasonable under the circumstances.
§ 200.428 Collections of improper payments.
The costs incurred by a non-Federal
entity to recover improper payments
are allowable as either direct or indirect costs, as appropriate. Amounts
collected may be used by the non-Federal entity in accordance with cash
management standards set forth in
§ 200.305 Payment.
§ 200.429 Commencement and convocation costs.
For IHEs, costs incurred for commencements and convocations are unallowable, except as provided for in Appendix III to Part 200—Indirect (F&A)
Costs Identification and Assignment,
and Rate Determination for Institutions of Higher Education (IHEs), paragraph (B)(9) Student Administration
and Services, as student activity costs.
§ 200.430 Compensation—personal
services.
(a) General. Compensation for personal services includes all remuneration, paid currently or accrued, for
services of employees rendered during
the period of performance under the
Federal award, including but not necessarily limited to wages and salaries.
Compensation for personal services
may also include fringe benefits which
are addressed in § 200.431 Compensation—fringe benefits. Costs of compensation are allowable to the extent
that they satisfy the specific requirements of this part, and that the total
compensation for individual employees:
(1) Is reasonable for the services rendered and conforms to the established
written policy of the non-Federal entity consistently applied to both Federal
and non-Federal activities;
(2) Follows an appointment made in
accordance with a non-Federal entity’s
laws and/or rules or written policies
and meets the requirements of Federal
statute, where applicable; and
(3) Is determined and supported as
provided in paragraph (i) of this section, Standards for Documentation of
Personnel Expenses, when applicable.
(b) Reasonableness. Compensation for
employees engaged in work on Federal
awards will be considered reasonable to
the extent that it is consistent with
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that paid for similar work in other activities of the non-Federal entity. In
cases where the kinds of employees required for Federal awards are not found
in the other activities of the non-Federal entity, compensation will be considered reasonable to the extent that it
is comparable to that paid for similar
work in the labor market in which the
non-Federal entity competes for the
kind of employees involved.
(c) Professional activities outside the
non-Federal entity. Unless an arrangement is specifically authorized by a
Federal awarding agency, a non-Federal entity must follow its written nonFederal entity-wide policies and practices concerning the permissible extent
of professional services that can be provided outside the non-Federal entity
for non-organizational compensation.
Where such non-Federal entity-wide
written policies do not exist or do not
adequately define the permissible extent of consulting or other non-organizational activities undertaken for
extra outside pay, the Federal government may require that the effort of
professional staff working on Federal
awards be allocated between:
(1) Non-Federal entity activities, and
(2) Non-organizational professional
activities. If the Federal awarding
agency considers the extent of non-organizational professional effort excessive or inconsistent with the conflictsof-interest terms and conditions of the
Federal award, appropriate arrangements governing compensation will be
negotiated on a case-by-case basis.
(d) Unallowable costs. (1) Costs which
are unallowable under other sections of
these principles must not be allowable
under this section solely on the basis
that they constitute personnel compensation.
(2) The allowable compensation for
certain employees is subject to a ceiling in accordance with statute. For the
amount of the ceiling for cost-reimbursement contracts, the covered compensation subject to the ceiling, the
covered employees, and other relevant
provisions, see 10 U.S.C. 2324(e)(1)(P),
and 41 U.S.C. 1127 and 4304(a)(16). For
other types of Federal awards, other
statutory ceilings may apply.
(e) Special considerations. Special considerations in determining allowability
of compensation will be given to any
change in a non-Federal entity’s compensation policy resulting in a substantial increase in its employees’ level of
compensation (particularly when the
change was concurrent with an increase in the ratio of Federal awards to
other activities) or any change in the
treatment of allowability of specific
types of compensation due to changes
in Federal policy.
(f) Incentive compensation. Incentive
compensation to employees based on
cost reduction, or efficient performance, suggestion awards, safety awards,
etc., is allowable to the extent that the
overall compensation is determined to
be reasonable and such costs are paid
or accrued pursuant to an agreement
entered into in good faith between the
non-Federal entity and the employees
before the services were rendered, or
pursuant to an established plan followed by the non-Federal entity so
consistently as to imply, in effect, an
agreement to make such payment.
(g) Nonprofit organizations. For compensation to members of nonprofit organizations, trustees, directors, associates, officers, or the immediate families thereof, determination should be
made that such compensation is reasonable for the actual personal services
rendered rather than a distribution of
earnings in excess of costs. This may
include director’s and executive committee
member’s
fees,
incentive
awards, allowances for off-site pay, incentive pay, location allowances, hardship pay, and cost-of-living differentials.
(h) Institutions of higher education
(IHEs). (1) Certain conditions require
special consideration and possible limitations in determining allowable personnel compensation costs under Federal awards. Among such conditions
are the following:
(i) Allowable activities. Charges to
Federal awards may include reasonable
amounts for activities contributing
and directly related to work under an
agreement, such as delivering special
lectures about specific aspects of the
ongoing activity, writing reports and
articles, developing and maintaining
protocols (human, animals, etc.), managing substances/chemicals, managing
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and securing project-specific data, coordinating research subjects, participating in appropriate seminars, consulting with colleagues and graduate
students, and attending meetings and
conferences.
(ii) Incidental activities. Incidental
activities for which supplemental compensation is allowable under written
institutional policy (at a rate not to
exceed institutional base salary) need
not be included in the records described
in paragraph (h)(9) of this section to directly charge payments of incidental
activities, such activities must either
be specifically provided for in the Federal award budget or receive prior written approval by the Federal awarding
agency.
(2) Salary basis. Charges for work performed on Federal awards by faculty
members during the academic year are
allowable at the IBS rate. Except as
noted in paragraph (h)(1)(ii) of this section, in no event will charges to Federal awards, irrespective of the basis of
computation, exceed the proportionate
share of the IBS for that period. This
principle applies to all members of faculty at an institution. IBS is defined as
the annual compensation paid by an
IHE for an individual’s appointment,
whether that individual’s time is spent
on research, instruction, administration, or other activities. IBS excludes
any income that an individual earns
outside of duties performed for the
IHE. Unless there is prior approval by
the Federal awarding agency, charges
of a faculty member’s salary to a Federal award must not exceed the proportionate share of the IBS for the period
during which the faculty member
worked on the award.
(3) Intra-Institution of Higher Education (IHE) consulting. Intra-IHE consulting by faculty is assumed to be undertaken as an IHE obligation requiring no compensation in addition to
IBS. However, in unusual cases where
consultation is across departmental
lines or involves a separate or remote
operation, and the work performed by
the faculty member is in addition to
his or her regular responsibilities, any
charges for such work representing additional compensation above IBS are
allowable provided that such consulting arrangements are specifically
provided for in the Federal award or
approved in writing by the Federal
awarding agency.
(4) Extra Service Pay normally represents overload compensation, subject
to institutional compensation policies
for services above and beyond IBS.
Where extra service pay is a result of
Intra-IHE consulting, it is subject to
the same requirements of paragraph (b)
above. It is allowable if all of the following conditions are met:
(i) The non-Federal entity establishes consistent written policies which
apply uniformly to all faculty members, not just those working on Federal
awards.
(ii) The non-Federal entity establishes a consistent written definition of
work covered by IBS which is specific
enough to determine conclusively when
work beyond that level has occurred.
This may be described in appointment
letters or other documentations.
(iii) The supplementation amount
paid is commensurate with the IBS
rate of pay and the amount of additional work performed. See paragraph
(h)(2) of this section.
(iv) The salaries, as supplemented,
fall within the salary structure and
pay ranges established by and documented in writing or otherwise applicable to the non-Federal entity.
(v) The total salaries charged to Federal awards including extra service pay
are subject to the Standards of Documentation as described in paragraph (i)
of this section.
(5) Periods outside the academic year.
(i) Except as specified for teaching activity in paragraph (h)(5)(ii) of this section, charges for work performed by
faculty members on Federal awards
during periods not included in the base
salary period will be at a rate not in
excess of the IBS.
(ii) Charges for teaching activities
performed by faculty members on Federal awards during periods not included
in IBS period will be based on the normal written policy of the IHE governing compensation to faculty members for teaching assignments during
such periods.
(6) Part-time faculty. Charges for work
performed on Federal awards by faculty members having only part-time
appointments will be determined at a
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rate not in excess of that regularly
paid for part-time assignments.
(7) Sabbatical leave costs. Rules for
sabbatical leave are as follow:
(i) Costs of leaves of absence by employees for performance of graduate
work or sabbatical study, travel, or research are allowable provided the IHE
has a uniform written policy on sabbatical leave for persons engaged in instruction and persons engaged in research. Such costs will be allocated on
an equitable basis among all related
activities of the IHE.
(ii) Where sabbatical leave is included in fringe benefits for which a
cost is determined for assessment as a
direct charge, the aggregate amount of
such assessments applicable to all
work of the institution during the base
period must be reasonable in relation
to the IHE’s actual experience under
its sabbatical leave policy.
(8) Salary rates for non-faculty members. Non-faculty full-time professional
personnel may also earn ‘‘extra service
pay’’ in accordance with the non-Federal entity’s written policy and consistent with paragraph (h)(1)(i) of this
section.
(i) Standards for Documentation of Personnel Expenses (1) Charges to Federal
awards for salaries and wages must be
based on records that accurately reflect the work performed. These
records must:
(i) Be supported by a system of internal control which provides reasonable
assurance that the charges are accurate, allowable, and properly allocated;
(ii) Be incorporated into the official
records of the non-Federal entity;
(iii) Reasonably reflect the total activity for which the employee is compensated by the non-Federal entity,
not exceeding 100% of compensated activities (for IHE, this per the IHE’s definition of IBS);
(iv) Encompass both federally assisted and all other activities compensated by the non-Federal entity on
an integrated basis, but may include
the use of subsidiary records as defined
in the non-Federal entity’s written policy;
(v) Comply with the established accounting policies and practices of the
non-Federal entity (See paragraph
(h)(1)(ii) above for treatment of incidental work for IHEs.); and
(vi) [Reserved]
(vii) Support the distribution of the
employee’s salary or wages among specific activities or cost objectives if the
employee works on more than one Federal award; a Federal award and nonFederal award; an indirect cost activity and a direct cost activity; two or
more indirect activities which are allocated using different allocation bases;
or an unallowable activity and a direct
or indirect cost activity.
(viii) Budget estimates (i.e., estimates determined before the services
are performed) alone do not qualify as
support for charges to Federal awards,
but may be used for interim accounting
purposes, provided that:
(A) The system for establishing the
estimates produces reasonable approximations of the activity actually performed;
(B) Significant changes in the corresponding work activity (as defined by
the non-Federal entity’s written policies) are identified and entered into the
records in a timely manner. Short term
(such as one or two months) fluctuation between workload categories need
not be considered as long as the distribution of salaries and wages is reasonable over the longer term; and
(C) The non-Federal entity’s system
of internal controls includes processes
to
review
after-the-fact
interim
charges made to a Federal awards
based on budget estimates. All necessary adjustment must be made such
that the final amount charged to the
Federal award is accurate, allowable,
and properly allocated.
(ix) Because practices vary as to the
activity constituting a full workload
(for IHEs, IBS), records may reflect
categories of activities expressed as a
percentage distribution of total activities.
(x) It is recognized that teaching, research, service, and administration are
often inextricably intermingled in an
academic setting. When recording salaries and wages charged to Federal
awards for IHEs, a precise assessment
of factors that contribute to costs is
therefore not always feasible, nor is it
expected.
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(2) For records which meet the standards required in paragraph (i)(1) of this
section, the non-Federal entity will not
be required to provide additional support or documentation for the work
performed, other than that referenced
in paragraph (i)(3) of this section.
(3) In accordance with Department of
Labor regulations implementing the
Fair Labor Standards Act (FLSA) (29
CFR part 516), charges for the salaries
and wages of nonexempt employees, in
addition to the supporting documentation described in this section, must
also be supported by records indicating
the total number of hours worked each
day.
(4) Salaries and wages of employees
used in meeting cost sharing or matching requirements on Federal awards
must be supported in the same manner
as salaries and wages claimed for reimbursement from Federal awards.
(5) For states, local governments and
Indian tribes, substitute processes or
systems for allocating salaries and
wages to Federal awards may be used
in place of or in addition to the records
described in paragraph (1) if approved
by the cognizant agency for indirect
cost. Such systems may include, but
are not limited to, random moment
sampling, ‘‘rolling’’ time studies, case
counts, or other quantifiable measures
of work performed.
(i) Substitute systems which use
sampling methods (primarily for Temporary Assistance for Needy Families
(TANF), the Supplemental Nutrition
Assistance Program (SNAP), Medicaid,
and other public assistance programs)
must meet acceptable statistical sampling standards including:
(A) The sampling universe must include all of the employees whose salaries and wages are to be allocated
based on sample results except as provided in paragraph (i)(5)(iii) of this section;
(B) The entire time period involved
must be covered by the sample; and
(C) The results must be statistically
valid and applied to the period being
sampled.
(ii) Allocating charges for the sampled employees’ supervisors, clerical
and support staffs, based on the results
of the sampled employees, will be acceptable.
(iii) Less than full compliance with
the statistical sampling standards
noted in subsection (5)(i) may be accepted by the cognizant agency for indirect costs if it concludes that the
amounts to be allocated to Federal
awards will be minimal, or if it concludes that the system proposed by the
non-Federal entity will result in lower
costs to Federal awards than a system
which complies with the standards.
(6) Cognizant agencies for indirect
costs are encouraged to approve alternative proposals based on outcomes
and milestones for program performance where these are clearly documented. Where approved by the Federal
cognizant agency for indirect costs,
these plans are acceptable as an alternative to the requirements of paragraph (i)(1) of this section.
(7) For Federal awards of similar purpose activity or instances of approved
blended funding, a non-Federal entity
may submit performance plans that incorporate funds from multiple Federal
awards and account for their combined
use based on performance-oriented
metrics, provided that such plans are
approved in advance by all involved
Federal awarding agencies. In these instances, the non-Federal entity must
submit a request for waiver of the requirements based on documentation
that describes the method of charging
costs, relates the charging of costs to
the specific activity that is applicable
to all fund sources, and is based on
quantifiable measures of the activity
in relation to time charged.
(8) For a non-Federal entity where
the records do not meet the standards
described in this section, the Federal
government may require personnel activity reports, including prescribed certifications, or equivalent documentation that support the records as required in this section.
§ 200.431
fits.
Compensation—fringe
(a) Fringe benefits are allowances
and services provided by employers to
their employees as compensation in addition to regular salaries and wages.
Fringe benefits include, but are not
limited to, the costs of leave (vacation,
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family-related, sick or military), employee insurance, pensions, and unemployment benefit plans. Except as provided elsewhere in these principles, the
costs of fringe benefits are allowable
provided that the benefits are reasonable and are required by law, non-Federal entity-employee agreement, or an
established policy of the non-Federal
entity.
(b) Leave. The cost of fringe benefits
in the form of regular compensation
paid to employees during periods of authorized absences from the job, such as
for annual leave, family-related leave,
sick leave, holidays, court leave, military leave, administrative leave, and
other similar benefits, are allowable if
all of the following criteria are met:
(1) They are provided under established written leave policies;
(2) The costs are equitably allocated
to all related activities, including Federal awards; and,
(3) The accounting basis (cash or accrual) selected for costing each type of
leave is consistently followed by the
non-Federal entity or specified grouping of employees.
(i) When a non-Federal entity uses
the cash basis of accounting, the cost
of leave is recognized in the period that
the leave is taken and paid for. Payments for unused leave when an employee retires or terminates employment are allowable as indirect costs in
the year of payment.
(ii) The accrual basis may be only
used for those types of leave for which
a liability as defined by GAAP exists
when the leave is earned. When a nonFederal entity uses the accrual basis of
accounting, allowable leave costs are
the lesser of the amount accrued or
funded.
(c) The cost of fringe benefits in the
form of employer contributions or expenses for social security; employee
life, health, unemployment, and worker’s compensation insurance (except as
indicated in § 200.447 Insurance and indemnification); pension plan costs (see
paragraph (i) of this section); and other
similar benefits are allowable, provided
such benefits are granted under established written policies. Such benefits,
must be allocated to Federal awards
and all other activities in a manner
consistent with the pattern of benefits
attributable to the individuals or
group(s) of employees whose salaries
and wages are chargeable to such Federal awards and other activities, and
charged as direct or indirect costs in
accordance with the non-Federal entity’s accounting practices.
(d) Fringe benefits may be assigned
to cost objectives by identifying specific benefits to specific individual employees or by allocating on the basis of
entity-wide salaries and wages of the
employees receiving the benefits. When
the allocation method is used, separate
allocations must be made to selective
groupings of employees, unless the
non-Federal entity demonstrates that
costs in relationship to salaries and
wages do not differ significantly for
different groups of employees.
(e) Insurance. See also § 200.447 Insurance and indemnification, paragraphs
(d)(1) and (2).
(1) Provisions for a reserve under a
self-insurance program for unemployment compensation or workers’ compensation are allowable to the extent
that the provisions represent reasonable estimates of the liabilities for
such compensation, and the types of
coverage, extent of coverage, and rates
and premiums would have been allowable had insurance been purchased to
cover the risks. However, provisions for
self-insured liabilities which do not become payable for more than one year
after the provision is made must not
exceed the present value of the liability.
(2) Costs of insurance on the lives of
trustees, officers, or other employees
holding positions of similar responsibility are allowable only to the extent
that the insurance represents additional compensation. The costs of such
insurance when the non-Federal entity
is named as beneficiary are unallowable.
(3) Actual claims paid to or on behalf
of employees or former employees for
workers’ compensation, unemployment
compensation, severance pay, and similar employee benefits (e.g., post-retirement health benefits), are allowable in
the year of payment provided that the
non-Federal entity follows a consistent
costing policy and they are allocated
as indirect costs.
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(f) Automobiles. That portion of automobile costs furnished by the entity
that relates to personal use by employees (including transportation to and
from work) is unallowable as fringe
benefit or indirect (F&A) costs regardless of whether the cost is reported as
taxable income to the employees.
(g) Pension Plan Costs. Pension plan
costs which are incurred in accordance
with the established policies of the
non-Federal entity are allowable, provided that:
(1) Such policies meet the test of reasonableness.
(2) The methods of cost allocation are
not discriminatory.
(3) For entities using accrual based
accounting, the cost assigned to each
fiscal year is determined in accordance
with GAAP.
(4) The costs assigned to a given fiscal year are funded for all plan participants within six months after the end
of that year. However, increases to normal and past service pension costs
caused by a delay in funding the actuarial liability beyond 30 calendar days
after each quarter of the year to which
such costs are assignable are unallowable. Non-Federal entity may elect to
follow the ‘‘Cost Accounting Standard
for Composition and Measurement of
Pension Costs’’ (48 CFR 9904.412).
(5) Pension plan termination insurance premiums paid pursuant to the
Employee Retirement Income Security
Act (ERISA) of 1974 (29 U.S.C. 1301–1461)
are allowable. Late payment charges
on such premiums are unallowable. Excise taxes on accumulated funding deficiencies and other penalties imposed
under ERISA are unallowable.
(6) Pension plan costs may be computed using a pay-as-you-go method or
an acceptable actuarial cost method in
accordance with established written
policies of the non-Federal entity.
(i) For pension plans financed on a
pay-as-you-go method, allowable costs
will be limited to those representing
actual payments to retirees or their
beneficiaries.
(ii) Pension costs calculated using an
actuarial cost-based method recognized
by GAAP are allowable for a given fiscal year if they are funded for that
year within six months after the end of
that year. Costs funded after the six
month period (or a later period agreed
to by the cognizant agency for indirect
costs) are allowable in the year funded.
The cognizant agency for indirect costs
may agree to an extension of the six
month period if an appropriate adjustment is made to compensate for the
timing of the charges to the Federal
government and related Federal reimbursement and the non-Federal entity’s contribution to the pension fund.
Adjustments may be made by cash refund or other equitable procedures to
compensate the Federal government
for the time value of Federal reimbursements in excess of contributions
to the pension fund.
(iii) Amounts funded by the non-Federal entity in excess of the actuarially
determined amount for a fiscal year
may be used as the non-Federal entity’s contribution in future periods.
(iv) When a non-Federal entity converts to an acceptable actuarial cost
method, as defined by GAAP, and funds
pension costs in accordance with this
method, the unfunded liability at the
time of conversion is allowable if amortized over a period of years in accordance with GAAP.
(v) The Federal government must receive an equitable share of any previously allowed pension costs (including earnings thereon) which revert or
inure to the non-Federal entity in the
form of a refund, withdrawal, or other
credit.
(h) Post-Retirement Health. Post-retirement health plans (PRHP) refers to
costs of health insurance or health
services not included in a pension plan
covered by paragraph (g) of this section
for retirees and their spouses, dependents, and survivors. PRHP costs may
be computed using a pay-as-you-go
method or an acceptable actuarial cost
method in accordance with established
written policies of the non-Federal entity.
(1) For PRHP financed on a pay-asyou-go method, allowable costs will be
limited to those representing actual
payments to retirees or their beneficiaries.
(2) PRHP costs calculated using an
actuarial cost method recognized by
GAAP are allowable if they are funded
for that year within six months after
the end of that year. Costs funded after
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the six month period (or a later period
agreed to by the cognizant agency) are
allowable in the year funded. The Federal cognizant agency for indirect costs
may agree to an extension of the six
month period if an appropriate adjustment is made to compensate for the
timing of the charges to the Federal
government and related Federal reimbursements and the non-Federal entity’s contributions to the PRHP fund.
Adjustments may be made by cash refund, reduction in current year’s PRHP
costs, or other equitable procedures to
compensate the Federal government
for the time value of Federal reimbursements in excess of contributions
to the PRHP fund.
(3) Amounts funded in excess of the
actuarially determined amount for a
fiscal year may be used as the Federal
government’s contribution in a future
period.
(4) When a non-Federal entity converts to an acceptable actuarial cost
method and funds PRHP costs in accordance with this method, the initial
unfunded liability attributable to prior
years is allowable if amortized over a
period of years in accordance with
GAAP, or, if no such GAAP period exists, over a period negotiated with the
cognizant agency for indirect costs.
(5) To be allowable in the current
year, the PRHP costs must be paid either to:
(i) An insurer or other benefit provider as current year costs or premiums, or
(ii) An insurer or trustee to maintain
a trust fund or reserve for the sole purpose of providing post-retirement benefits to retirees and other beneficiaries.
(6) The Federal government must receive an equitable share of any
amounts of previously allowed post-retirement benefit costs (including earnings thereon) which revert or inure to
the entity in the form of a refund,
withdrawal, or other credit.
(i) Severance Pay. (1) Severance pay,
also commonly referred to as dismissal
wages, is a payment in addition to regular salaries and wages, by non-Federal
entities to workers whose employment
is being terminated. Costs of severance
pay are allowable only to the extent
that in each case, it is required by (a)
law, (b) employer-employee agreement,
(c) established policy that constitutes,
in effect, an implied agreement on the
non-Federal entity’s part, or (d) circumstances of the particular employment.
(2) Costs of severance payments are
divided into two categories as follows:
(i) Actual normal turnover severance
payments must be allocated to all activities; or, where the non-Federal entity provides for a reserve for normal
severances, such method will be acceptable if the charge to current operations is reasonable in light of payments actually made for normal
severances over a representative past
period, and if amounts charged are allocated to all activities of the non-Federal entity.
(ii) Measurement of costs of abnormal or mass severance pay by means of
an accrual will not achieve equity to
both parties. Thus, accruals for this
purpose are not allowable. However,
the Federal government recognizes its
obligation to participate, to the extent
of its fair share, in any specific payment. Prior approval by the Federal
awarding agency or cognizant agency
for indirect cost, as appropriate, is required.
(3) Costs incurred in certain severance pay packages which are in an
amount in excess of the normal severance pay paid by the non-Federal entity to an employee upon termination of
employment and are paid to the employee contingent upon a change in
management control over, or ownership of, the non-Federal entity’s assets,
are unallowable.
(4) Severance payments to foreign nationals employed by the non-Federal
entity outside the United States, to
the extent that the amount exceeds the
customary or prevailing practices for
the non-Federal entity in the United
States, are unallowable, unless they
are necessary for the performance of
Federal programs and approved by the
Federal awarding agency.
(5) Severance payments to foreign nationals employed by the non-Federal
entity outside the United States due to
the termination of the foreign national
as a result of the closing of, or curtailment of activities by, the non-Federal
entity in that country, are unallowable, unless they are necessary for the
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2 CFR Ch. II (1–1–14 Edition)
performance of Federal programs and
approved by the Federal awarding
agency.
(j)(1) For IHEs only. Fringe benefits in
the form of tuition or remission of tuition for individual employees are allowable, provided such benefits are
granted in accordance with established
non-Federal entity policies, and are
distributed to all non-Federal entity
activities on an equitable basis. Tuition benefits for family members other
than the employee are unallowable.
(2) Fringe benefits in the form of tuition or remission of tuition for individual employees not employed by
IHEs are limited to the tax-free
amount allowed per section 127 of the
Internal Revenue Code as amended.
(3) IHEs may offer employees tuition
waivers or tuition reductions for undergraduate education under IRC Section 117(d) as amended, provided that
the benefit does not discriminate in
favor of highly compensated employees. Federal reimbursement of tuition
or remission of tuition is also limited
to the institution for which the employee works. See § 200.466 Scholarships
and student aid costs, for treatment of
tuition remission provided to students.
(k) For IHEs whose costs are paid by
state or local governments, fringe benefit programs (such as pension costs
and FICA) and any other benefits costs
specifically incurred on behalf of, and
in direct benefit to, the non-Federal
entity, are allowable costs of such nonFederal entities whether or not these
costs are recorded in the accounting
records of the non-Federal entities,
subject to the following:
(1) The costs meet the requirements
of Basic Considerations in §§ 200.402
Composition of costs through 200.411
Adjustment of previously negotiated
indirect (F&A) cost rates containing
unallowable costs of this subpart;
(2) The costs are properly supported
by approved cost allocation plans in accordance with applicable Federal cost
accounting principles; and
(3) The costs are not otherwise borne
directly or indirectly by the Federal
government.
§ 200.432 Conferences.
A conference is defined as a meeting,
retreat, seminar, symposium, work-
shop or event whose primary purpose is
the dissemination of technical information beyond the non-Federal entity
and is necessary and reasonable for
successful performance under the Federal award. Allowable conference costs
paid by the non-Federal entity as a
sponsor or host of the conference may
include rental of facilities, speakers’
fees, costs of meals and refreshments,
local transportation, and other items
incidental to such conferences unless
further restricted by the terms and
conditions of the Federal award. As
needed, the costs of identifying, but
not providing, locally available dependent-care resources are allowable. Conference hosts/sponsors must exercise
discretion and judgment in ensuring
that conference costs are appropriate,
necessary and managed in a manner
that minimizes costs to the Federal
award. The Federal awarding agency
may authorize exceptions where appropriate for programs including Indian
tribes, children, and the elderly. See
also §§ 200.438 Entertainment costs,
200.456
Participant
support
costs,
200.474 Travel costs, and 200.475 Trustees.
§ 200.433 Contingency provisions.
(a) Contingency is that part of a
budget estimate of future costs (typically of large construction projects, IT
systems, or other items as approved by
the Federal awarding agency) which is
associated with possible events or conditions arising from causes the precise
outcome of which is indeterminable at
the time of estimate, and that experience shows will likely result, in aggregate, in additional costs for the approved activity or project. Amounts for
major project scope changes, unforeseen risks, or extraordinary events
may not be included.
(b) It is permissible for contingency
amounts other than those excluded in
paragraph (b)(1) of this section to be
explicitly included in budget estimates, to the extent they are necessary
to improve the precision of those estimates. Amounts must be estimated
using broadly-accepted cost estimating
methodologies, specified in the budget
documentation of the Federal award,
and accepted by the Federal awarding
agency. As such, contingency amounts
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are to be included in the Federal
award. In order for actual costs incurred to be allowable, they must comply with the cost principles and other
requirements in this part (see also
§§ 200.300 Statutory and national policy
requirements through 200.309 Period of
performance of Subpart D of this part
and 200.403 Factors affecting allowability of costs); be necessary and reasonable for proper and efficient accomplishment of project or program objectives, and be verifiable from the nonFederal entity’s records.
(c) Payments made by the Federal
awarding agency to the non-Federal
entity’s ‘‘contingency reserve’’ or any
similar payment made for events the
occurrence of which cannot be foretold
with certainty as to the time or intensity, or with an assurance of their happening, are unallowable, except as
noted in §§ 200.431 Compensation—
fringe benefits regarding self-insurance, pensions, severance and post-retirement health costs and 200.447 Insurance and indemnification.
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§ 200.434
Contributions and donations.
(a) Costs of contributions and donations, including cash, property, and
services, from the non-Federal entity
to other entities, are unallowable.
(b) The value of services and property
donated to the non-Federal entity may
not be charged to the Federal award either as a direct or indirect (F&A) cost.
The value of donated services and property may be used to meet cost sharing
or matching requirements (see § 200.306
Cost sharing or matching). Depreciation on donated assets is permitted in
accordance with § 200.436 Depreciation,
as long as the donated property is not
counted towards cost sharing or
matching requirements.
(c) Services donated or volunteered
to the non-Federal entity may be furnished to a non-Federal entity by professional and technical personnel, consultants, and other skilled and unskilled labor. The value of these services is not allowable either as a direct
or indirect cost. However, the value of
donated services may be used to meet
cost sharing or matching requirements
in accordance with the provisions of
§ 200.306 Cost sharing or matching.
(d) To the extent feasible, services
donated to the non-Federal entity will
be supported by the same methods used
to support the allocability of regular
personnel services.
(e) The following provisions apply to
nonprofit organizations. The value of
services donated to the nonprofit organization utilized in the performance of
a direct cost activity must be considered in the determination of the nonFederal entity’s indirect cost rate(s)
and, accordingly, must be allocated a
proportionate share of applicable indirect costs when the following circumstances exist:
(1) The aggregate value of the services is material;
(2) The services are supported by a
significant amount of the indirect
costs incurred by the non-Federal entity;
(i) In those instances where there is
no basis for determining the fair market value of the services rendered, the
non-Federal entity and the cognizant
agency for indirect costs must negotiate an appropriate allocation of indirect cost to the services.
(ii) Where donated services directly
benefit a project supported by the Federal award, the indirect costs allocated
to the services will be considered as a
part of the total costs of the project.
Such indirect costs may be reimbursed
under the Federal award or used to
meet cost sharing or matching requirements.
(f) Fair market value of donated
services must be computed as described
in § 200.306 Cost sharing or matching.
(g) Personal Property and Use of
Space.
(1) Donated personal property and
use of space may be furnished to a nonFederal entity. The value of the personal property and space is not reimbursable either as a direct or indirect
cost.
(2) The value of the donations may be
used to meet cost sharing or matching
share requirements under the conditions described in §§ 200.300 Statutory
and national policy requirements
through 200.309 Period of performance
of subpart D of this part. The value of
the donations must be determined in
accordance with §§ 200.300 Statutory
and national policy requirements
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2 CFR Ch. II (1–1–14 Edition)
through 200.309 Period of performance.
Where donations are treated as indirect
costs, indirect cost rates will separate
the value of the donations so that reimbursement will not be made.
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§ 200.435 Defense and prosecution of
criminal and civil proceedings,
claims, appeals and patent infringements.
(a) Definitions for the purposes of
this section.
(1) Conviction means a judgment or
conviction of a criminal offense by any
court of competent jurisdiction, whether entered upon verdict or a plea, including a conviction due to a plea of
nolo contendere.
(2) Costs include the services of inhouse or private counsel, accountants,
consultants, or others engaged to assist the non-Federal entity before, during, and after commencement of a judicial or administrative proceeding, that
bear a direct relationship to the proceeding.
(3) Fraud means:
(i) Acts of fraud or corruption or attempts to defraud the Federal government or to corrupt its agents,
(ii) Acts that constitute a cause for
debarment or suspension (as specified
in agency regulations), and
(iii) Acts which violate the False
Claims Act (31 U.S.C. 3729–3732) or the
Anti-kickback Act (41 U.S.C. 1320a–
7b(b)).
(4) Penalty does not include restitution, reimbursement, or compensatory
damages.
(5) Proceeding includes an investigation.
(b) Costs. (1) Except as otherwise described herein, costs incurred in connection with any criminal, civil or administrative proceeding (including filing of a false certification) commenced
by the Federal government, a state,
local government, or foreign government, or joined by the Federal government (including a proceeding under the
False Claims Act), against the nonFederal entity, (or commenced by third
parties or a current or former employee of the non-Federal entity who
submits a whistleblower complaint of
reprisal in accordance with 10 U.S.C.
2409 or 41 U.S.C. 4712), are not allowable
if the proceeding:
(i) Relates to a violation of, or failure
to comply with, a Federal, state, local
or foreign statute, regulation or the
terms and conditions of the Federal
award, by the non-Federal entity (including its agents and employees); and
(ii) Results in any of the following
dispositions:
(A) In a criminal proceeding, a conviction.
(B) In a civil or administrative proceeding involving an allegation of
fraud or similar misconduct, a determination of non-Federal entity liability.
(C) In the case of any civil or administrative proceeding, the disallowance
of costs or the imposition of a monetary penalty, or an order issued by the
Federal awarding agency head or delegate to the non-Federal entity to take
corrective action under 10 U.S.C. 2409
or 41 U.S.C. 4712.
(D) A final decision by an appropriate
Federal official to debar or suspend the
non-Federal entity, to rescind or void a
Federal award, or to terminate a Federal award for default by reason of a
violation or failure to comply with a
statute, regulation, or the terms and
conditions of the Federal award.
(E) A disposition by consent or compromise, if the action could have resulted in any of the dispositions described in paragraphs (b)(1)(ii)(A)
through (D) of this section.
(2) If more than one proceeding involves the same alleged misconduct,
the costs of all such proceedings are
unallowable if any results in one of the
dispositions shown in paragraph (b) of
this section.
(c) If a proceeding referred to in paragraph (b) of this section is commenced
by the Federal government and is resolved by consent or compromise pursuant to an agreement by the non-Federal entity and the Federal government, then the costs incurred may be
allowed to the extent specifically provided in such agreement.
(d) If a proceeding referred to in paragraph (b) of this section is commenced
by a state, local or foreign government,
the authorized Federal official may
allow the costs incurred if such authorized official determines that the costs
were incurred as a result of:
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§ 200.436
(1) A specific term or condition of the
Federal award, or
(2) Specific written direction of an
authorized official of the Federal
awarding agency.
(e) Costs incurred in connection with
proceedings described in paragraph (b)
of this section, which are not made unallowable by that subsection, may be
allowed but only to the extent that:
(1) The costs are reasonable and necessary in relation to the administration of the Federal award and activities required to deal with the proceeding and the underlying cause of action;
(2) Payment of the reasonable, necessary, allocable and otherwise allowable costs incurred is not prohibited by
any other provision(s) of the Federal
award;
(3) The costs are not recovered from
the Federal Government or a third
party, either directly as a result of the
proceeding or otherwise; and,
(4) An authorized Federal official
must determine the percentage of costs
allowed considering the complexity of
litigation, generally accepted principles governing the award of legal fees
in civil actions involving the United
States, and such other factors as may
be appropriate. Such percentage must
not exceed 80 percent. However, if an
agreement reached under paragraph (c)
of this section has explicitly considered this 80 percent limitation and permitted a higher percentage, then the
full amount of costs resulting from
that agreement are allowable.
(f) Costs incurred by the non-Federal
entity in connection with the defense
of suits brought by its employees or exemployees under section 2 of the Major
Fraud Act of 1988 (18 U.S.C. 1031), including the cost of all relief necessary
to make such employee whole, where
the non-Federal entity was found liable
or settled, are unallowable.
(g) Costs of prosecution of claims
against the Federal government, including appeals of final Federal agency
decisions, are unallowable.
(h) Costs of legal, accounting, and
consultant services, and related costs,
incurred in connection with patent infringement litigation, are unallowable
unless otherwise provided for in the
Federal award.
(i) Costs which may be unallowable
under this section, including directly
associated costs, must be segregated
and accounted for separately. During
the pendency of any proceeding covered
by paragraphs (b) and (f) of this section, the Federal government must
generally withhold payment of such
costs. However, if in its best interests,
the Federal government may provide
for conditional payment upon provision
of adequate security, or other adequate
assurance, and agreement to repay all
unallowable costs, plus interest, if the
costs are subsequently determined to
be unallowable.
§ 200.436 Depreciation.
(a) Depreciation is the method for allocating the cost of fixed assets to periods benefitting from asset use. The
non-Federal entity may be compensated for the use of its buildings,
capital improvements, equipment, and
software projects capitalized in accordance with GAAP, provided that they
are used, needed in the non-Federal entity’s activities, and properly allocated
to Federal awards. Such compensation
must be made by computing depreciation.
(b) The allocation for depreciation
must be made in accordance with Appendices IV through VIII.
(c) Depreciation is computed applying the following rules. The computation of depreciation must be based on
the acquisition cost of the assets involved. For an asset donated to the
non-Federal entity by a third party, its
fair market value at the time of the donation must be considered as the acquisition cost. Such assets may be depreciated or claimed as matching but not
both. For this purpose, the acquisition
cost will exclude:
(1) The cost of land;
(2) Any portion of the cost of buildings and equipment borne by or donated by the Federal government, irrespective of where title was originally
vested or where it is presently located;
(3) Any portion of the cost of buildings and equipment contributed by or
for the non-Federal entity, or where
law or agreement prohibits recovery;
and
(4) Any asset acquired solely for the
performance of a non-Federal award.
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§ 200.437
2 CFR Ch. II (1–1–14 Edition)
(d) When computing depreciation
charges, the following must be observed:
(1) The period of useful service or
useful life established in each case for
usable capital assets must take into
consideration such factors as type of
construction, nature of the equipment,
technological developments in the particular area, historical data, and the
renewal and replacement policies followed for the individual items or classes of assets involved.
(2) The depreciation method used to
charge the cost of an asset (or group of
assets) to accounting periods must reflect the pattern of consumption of the
asset during its useful life. In the absence of clear evidence indicating that
the expected consumption of the asset
will be significantly greater in the
early portions than in the later portions of its useful life, the straight-line
method must be presumed to be the appropriate method. Depreciation methods once used may not be changed unless approved in advance by the cognizant agency. The depreciation methods used to calculate the depreciation
amounts for indirect (F&A) rate purposes must be the same methods used
by the non-Federal entity for its financial statements.
(3) The entire building, including the
shell and all components, may be treated as a single asset and depreciated
over a single useful life. A building
may also be divided into multiple components. Each component item may
then be depreciated over its estimated
useful life. The building components
must be grouped into three general
components of a building: building
shell (including construction and design costs), building services systems
(e.g., elevators, HVAC, plumbing system and heating and air-conditioning
system) and fixed equipment (e.g.,
sterilizers, casework, fume hoods, cold
rooms and glassware/washers). In exceptional cases, a cognizant agency
may authorize a non-Federal entity to
use more than these three groupings.
When a non-Federal entity elects to depreciate its buildings by its components, the same depreciation methods
must be used for indirect (F&A) purposes and financial statements pur-
poses, as described in paragraphs (d)(1)
and (2) of this section.
(4) No depreciation may be allowed
on any assets that have outlived their
depreciable lives.
(5) Where the depreciation method is
introduced to replace the use allowance method, depreciation must be
computed as if the asset had been depreciated over its entire life (i.e., from
the date the asset was acquired and
ready for use to the date of disposal or
withdrawal from service). The total
amount of use allowance and depreciation for an asset (including imputed depreciation applicable to periods prior
to the conversion from the use allowance method as well as depreciation
after the conversion) may not exceed
the total acquisition cost of the asset.
(e) Charges for depreciation must be
supported
by
adequate
property
records, and physical inventories must
be taken at least once every two years
to ensure that the assets exist and are
usable, used, and needed. Statistical
sampling techniques may be used in
taking these inventories. In addition,
adequate depreciation records showing
the amount of depreciation taken each
period must also be maintained.
§ 200.437 Employee health and welfare
costs.
(a) Costs incurred in accordance with
the non-Federal entity’s documented
policies for the improvement of working conditions, employer-employee relations, employee health, and employee
performance are allowable.
(b) Such costs will be equitably apportioned to all activities of the nonFederal entity. Income generated from
any of these activities will be credited
to the cost thereof unless such income
has been irrevocably sent to employee
welfare organizations.
(c) Losses resulting from operating
food services are allowable only if the
non-Federal entity’s objective is to operate such services on a break-even
basis. Losses sustained because of operating objectives other than the above
are allowable only:
(1) Where the non-Federal entity can
demonstrate unusual circumstances;
and
(2) With the approval of the cognizant agency for indirect costs.
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§ 200.442
§ 200.438 Entertainment costs.
Costs of entertainment, including
amusement, diversion, and social activities and any associated costs are
unallowable, except where specific
costs that might otherwise be considered entertainment have a programmatic purpose and are authorized
either in the approved budget for the
Federal award or with prior written approval of the Federal awarding agency.
otherwise allowable depreciation on
the equipment, or by amortizing the
amount to be written off over a period
of years negotiated with the Federal
cognizant agency for indirect cost.
(6) Cost of equipment disposal. If the
non-Federal entity is instructed by the
Federal awarding agency to otherwise
dispose of or transfer the equipment
the costs of such disposal or transfer
are allowable.
§ 200.439 Equipment and other capital
expenditures.
(a) See §§ 200.13 Capital expenditures,
200.33 Equipment, 200.89 Special purpose equipment, 200.48 General purpose
equipment, 200.2 Acquisition cost, and
200.12 Capital assets.
(b) The following rules of allowability must apply to equipment and
other capital expenditures:
(1) Capital expenditures for general
purpose equipment, buildings, and land
are unallowable as direct charges, except with the prior written approval of
the Federal awarding agency or passthrough entity.
(2) Capital expenditures for special
purpose equipment are allowable as direct costs, provided that items with a
unit cost of $5,000 or more have the
prior written approval of the Federal
awarding agency or pass-through entity.
(3) Capital expenditures for improvements to land, buildings, or equipment
which materially increase their value
or useful life are unallowable as a direct cost except with the prior written
approval of the Federal awarding agency, or pass-through entity. See § 200.436
Depreciation, for rules on the allowability of depreciation on buildings,
capital improvements, and equipment.
See also § 200.465 Rental costs of real
property and equipment.
(4) When approved as a direct charge
pursuant to paragraphs (b)(1) through
(3) of this section, capital expenditures
will be charged in the period in which
the expenditure is incurred, or as otherwise determined appropriate and negotiated with the Federal awarding
agency.
(5) The unamortized portion of any
equipment written off as a result of a
change in capitalization levels may be
recovered by continuing to claim the
§ 200.440 Exchange rates.
(a) Cost increases for fluctuations in
exchange rates are allowable costs subject to the availability of funding, and
prior approval by the Federal awarding
agency. The Federal awarding agency
must however ensure that adequate
funds are available to cover currency
fluctuations in order to avoid a violation of the Anti-Deficiency Act.
(b) The non-Federal entity is required to make reviews of local currency gains to determine the need for
additional federal funding before the
expiration date of the Federal award.
Subsequent adjustments for currency
increases may be allowable only when
the non-Federal entity provides the
Federal awarding agency with adequate source documentation from a
commonly used source in effect at the
time the expense was made, and to the
extent that sufficient Federal funds are
available.
§ 200.441 Fines, penalties, damages
and other settlements.
Costs resulting from non-Federal entity violations of, alleged violations of,
or failure to comply with, Federal,
state, tribal, local or foreign laws and
regulations are unallowable, except
when incurred as a result of compliance with specific provisions of the
Federal award, or with prior written
approval of the Federal awarding agency. See also § 200.435 Defense and prosecution of criminal and civil proceedings, claims, appeals and patent
infringements.
§ 200.442 Fund raising and investment
management costs.
(a) Costs of organized fund raising,
including financial campaigns, endowment drives, solicitation of gifts and
bequests, and similar expenses incurred
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§ 200.443
2 CFR Ch. II (1–1–14 Edition)
to raise capital or obtain contributions
are unallowable. Fund raising costs for
the purposes of meeting the Federal
program objectives are allowable with
prior written approval from the Federal awarding agency. Proposal costs
are covered in § 200.460 Proposal costs.
(b) Costs of investment counsel and
staff and similar expenses incurred to
enhance income from investments are
unallowable except when associated
with investments covering pension,
self-insurance, or other funds which include Federal participation allowed by
this part.
(c) Costs related to the physical custody and control of monies and securities are allowable.
(d) Both allowable and unallowable
fund raising and investment activities
must be allocated as an appropriate
share of indirect costs under the conditions described in § 200.413 Direct costs.
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§ 200.443 Gains and losses on disposition of depreciable assets.
(a) Gains and losses on the sale, retirement, or other disposition of depreciable property must be included in the
year in which they occur as credits or
charges to the asset cost grouping(s) in
which the property was included. The
amount of the gain or loss to be included as a credit or charge to the appropriate asset cost grouping(s) is the
difference between the amount realized
on the property and the undepreciated
basis of the property.
(b) Gains and losses from the disposition of depreciable property must not
be recognized as a separate credit or
charge under the following conditions:
(1) The gain or loss is processed
through a depreciation account and is
reflected in the depreciation allowable
under §§ 200.436 Depreciation and 200.439
Equipment and other capital expenditures.
(2) The property is given in exchange
as part of the purchase price of a similar item and the gain or loss is taken
into account in determining the depreciation cost basis of the new item.
(3) A loss results from the failure to
maintain permissible insurance, except
as otherwise provided in § 46*200.447 Insurance and indemnification.
(4) Compensation for the use of the
property was provided through use allowances in lieu of depreciation.
(5) Gains and losses arising from
mass or extraordinary sales, retirements, or other dispositions must be
considered on a case-by-case basis.
(c) Gains or losses of any nature arising from the sale or exchange of property other than the property covered in
paragraph (a) of this section, e.g., land,
must be excluded in computing Federal
award costs.
(d) When assets acquired with Federal funds, in part or wholly, are disposed of, the distribution of the proceeds must be made in accordance with
§§ 200.310 Insurance Coverage through
200.316 Property trust relationship.
§ 200.444 General costs of government.
(a) For states, local governments,
and Indian Tribes, the general costs of
government are unallowable (except as
provided in § 200.474 Travel costs). Unallowable costs include:
(1) Salaries and expenses of the Office
of the Governor of a state or the chief
executive of a local government or the
chief executive of an Indian tribe;
(2) Salaries and other expenses of a
state legislature, tribal council, or
similar local governmental body, such
as a county supervisor, city council,
school board, etc., whether incurred for
purposes of legislation or executive direction;
(3) Costs of the judicial branch of a
government;
(4) Costs of prosecutorial activities
unless treated as a direct cost to a specific program if authorized by statute
or regulation (however, this does not
preclude the allowability of other legal
activities of the Attorney General as
described in § 200.435 Defense and prosecution of criminal and civil proceedings, claims, appeals and patent
infringements); and
(5) Costs of other general types of
government services normally provided
to the general public, such as fire and
police, unless provided for as a direct
cost under a program statute or regulation.
(b) For Indian tribes and Councils Of
Governments (COGs) (see § 200.64 Local
government), the portion of salaries
and expenses directly attributable to
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§ 200.447
managing and operating Federal programs by the chief executive and his or
her staff is allowable. Up to 50% of
these costs can be included in the indirect cost calculation without documentation.
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§ 200.445 Goods or services for personal use.
(a) Costs of goods or services for personal use of the non-Federal entity’s
employees are unallowable regardless
of whether the cost is reported as taxable income to the employees.
(b) Costs of housing (e.g., depreciation,
maintenance,
utilities,
furnishings, rent), housing allowances and
personal living expenses are only allowable as direct costs regardless of
whether reported as taxable income to
the employees. In addition, to be allowable direct costs must be approved in
advance by a Federal awarding agency.
§ 200.446 Idle facilities and idle capacity.
(a) As used in this section the following terms have the meanings set
forth in this section:
(1) Facilities means land and buildings or any portion thereof, equipment
individually or collectively, or any
other tangible capital asset, wherever
located, and whether owned or leased
by the non-Federal entity.
(2) Idle facilities means completely
unused facilities that are excess to the
non-Federal entity’s current needs.
(3) Idle capacity means the unused
capacity of partially used facilities. It
is the difference between:
(i) That which a facility could
achieve under 100 percent operating
time on a one-shift basis less operating
interruptions resulting from time lost
for repairs, setups, unsatisfactory materials, and other normal delays and;
(ii) The extent to which the facility
was actually used to meet demands
during the accounting period. A multishift basis should be used if it can be
shown that this amount of usage would
normally be expected for the type of facility involved.
(4) Cost of idle facilities or idle capacity means costs such as maintenance, repair, housing, rent, and other
related costs, e.g., insurance, interest,
and depreciation. These costs could in-
clude the costs of idle public safety
emergency facilities, telecommunications, or information technology system capacity that is built to withstand
major fluctuations in load, e.g., consolidated data centers.
(b) The costs of idle facilities are unallowable except to the extent that:
(1) They are necessary to meet workload requirements which may fluctuate
and are allocated appropriately to all
benefiting programs; or
(2) Although not necessary to meet
fluctuations in workload, they were
necessary when acquired and are now
idle because of changes in program requirements, efforts to achieve more economical operations, reorganization,
termination, or other causes which
could not have been reasonably foreseen. Under the exception stated in
this subsection, costs of idle facilities
are allowable for a reasonable period of
time, ordinarily not to exceed one
year, depending on the initiative taken
to use, lease, or dispose of such facilities.
(c) The costs of idle capacity are normal costs of doing business and are a
factor in the normal fluctuations of
usage or indirect cost rates from period
to period. Such costs are allowable,
provided that the capacity is reasonably anticipated to be necessary to
carry out the purpose of the Federal
award or was originally reasonable and
is not subject to reduction or elimination by use on other Federal awards,
subletting, renting, or sale, in accordance with sound business, economic, or
security practices. Widespread idle capacity throughout an entire facility or
among a group of assets having substantially the same function may be
considered idle facilities.
§ 200.447 Insurance and indemnification.
(a) Costs of insurance required or approved and maintained, pursuant to
the Federal award, are allowable.
(b) Costs of other insurance in connection with the general conduct of activities are allowable subject to the
following limitations:
(1) Types and extent and cost of coverage are in accordance with the nonFederal entity’s policy and sound business practice.
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2 CFR Ch. II (1–1–14 Edition)
(2) Costs of insurance or of contributions to any reserve covering the risk
of loss of, or damage to, Federal government property are unallowable except to the extent that the Federal
awarding agency has specifically required or approved such costs.
(3) Costs allowed for business interruption or other similar insurance
must exclude coverage of management
fees.
(4) Costs of insurance on the lives of
trustees, officers, or other employees
holding positions of similar responsibilities are allowable only to the extent that the insurance represents additional compensation (see § 200.431
Compensation—fringe benefits). The
cost of such insurance when the nonFederal entity is identified as the beneficiary is unallowable.
(5) Insurance against defects. Costs of
insurance with respect to any costs incurred to correct defects in the nonFederal entity’s materials or workmanship are unallowable.
(6) Medical liability (malpractice) insurance. Medical liability insurance is
an allowable cost of Federal research
programs only to the extent that the
Federal research programs involve
human subjects or training of participants in research techniques. Medical
liability insurance costs must be treated as a direct cost and must be assigned to individual projects based on
the manner in which the insurer allocates the risk to the population covered by the insurance.
(c) Actual losses which could have
been covered by permissible insurance
(through a self-insurance program or
otherwise) are unallowable, unless expressly provided for in the Federal
award. However, costs incurred because
of losses not covered under nominal deductible insurance coverage provided
in keeping with sound management
practice, and minor losses not covered
by insurance, such as spoilage, breakage, and disappearance of small hand
tools, which occur in the ordinary
course of operations, are allowable.
(d) Contributions to a reserve for certain self-insurance programs including
workers’ compensation, unemployment
compensation, and severance pay are
allowable subject to the following provisions:
(1) The type of coverage and the extent of coverage and the rates and premiums would have been allowed had insurance (including reinsurance) been
purchased to cover the risks. However,
provision for known or reasonably estimated self-insured liabilities, which do
not become payable for more than one
year after the provision is made, must
not exceed the discounted present
value of the liability. The rate used for
discounting the liability must be determined by giving consideration to such
factors as the non-Federal entity’s settlement rate for those liabilities and
its investment rate of return.
(2) Earnings or investment income on
reserves must be credited to those reserves.
(3)(i) Contributions to reserves must
be based on sound actuarial principles
using historical experience and reasonable assumptions. Reserve levels must
be analyzed and updated at least biennially for each major risk being insured and take into account any reinsurance, coinsurance, etc. Reserve levels related to employee-related coverages will normally be limited to the
value of claims:
(A) Submitted and adjudicated but
not paid;
(B) Submitted but not adjudicated;
and
(C) Incurred but not submitted.
(ii) Reserve levels in excess of the
amounts based on the above must be
identified and justified in the cost allocation plan or indirect cost rate proposal.
(4) Accounting records, actuarial
studies, and cost allocations (or billings) must recognize any significant
differences due to types of insured risk
and losses generated by the various insured activities or agencies of the nonFederal entity. If individual departments or agencies of the non-Federal
entity experience significantly different levels of claims for a particular
risk, those differences are to be recognized by the use of separate allocations
or other techniques resulting in an equitable allocation.
(5) Whenever funds are transferred
from a self-insurance reserve to other
accounts (e.g., general fund or unrestricted account), refunds must be
made to the Federal government for its
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§ 200.449
share of funds transferred, including
earned or imputed interest from the
date of transfer and debt interest, if applicable, chargeable in accordance with
applicable Federal cognizant agency
for indirect cost, claims collection regulations.
(e) Insurance refunds must be credited against insurance costs in the year
the refund is received.
(f) Indemnification includes securing
the non-Federal entity against liabilities to third persons and other losses
not compensated by insurance or otherwise. The Federal government is obligated to indemnify the non-Federal
entity only to the extent expressly provided for in the Federal award, except
as provided in paragraph (c) of this section.
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§ 200.448
Intellectual property.
(a) Patent costs. (1) The following
costs related to securing patents and
copyrights are allowable:
(i) Costs of preparing disclosures, reports, and other documents required by
the Federal award, and of searching the
art to the extent necessary to make
such disclosures;
(ii) Costs of preparing documents and
any other patent costs in connection
with the filing and prosecution of a
United States patent application where
title or royalty-free license is required
by the Federal government to be conveyed to the Federal government; and
(iii) General counseling services relating to patent and copyright matters,
such as advice on patent and copyright
laws, regulations, clauses, and employee intellectual property agreements (See also § 200.459 Professional
service costs).
(2) The following costs related to securing patents and copyrights are unallowable:
(i) Costs of preparing disclosures, reports, and other documents, and of
searching the art to make disclosures
not required by the Federal award;
(ii) Costs in connection with filing
and prosecuting any foreign patent application, or any United States patent
application, where the Federal award
does not require conveying title or a
royalty-free license to the Federal government.
(b) Royalties and other costs for use of
patents and copyrights. (1) Royalties on
a patent or copyright or amortization
of the cost of acquiring by purchase a
copyright, patent, or rights thereto,
necessary for the proper performance
of the Federal award are allowable unless:
(i) The Federal government already
has a license or the right to free use of
the patent or copyright.
(ii) The patent or copyright has been
adjudicated to be invalid, or has been
administratively determined to be invalid.
(iii) The patent or copyright is considered to be unenforceable.
(iv) The patent or copyright is expired.
(2) Special care should be exercised in
determining reasonableness where the
royalties may have been arrived at as a
result of less-than-arm’s-length bargaining, such as:
(i) Royalties paid to persons, including corporations, affiliated with the
non-Federal entity.
(ii) Royalties paid to unaffiliated
parties, including corporations, under
an agreement entered into in contemplation that a Federal award would
be made.
(iii) Royalties paid under an agreement entered into after a Federal
award is made to a non-Federal entity.
(3) In any case involving a patent or
copyright formerly owned by the nonFederal entity, the amount of royalty
allowed should not exceed the cost
which would have been allowed had the
non-Federal entity retained title thereto.
§ 200.449 Interest.
(a) General. Costs incurred for interest on borrowed capital, temporary use
of endowment funds, or the use of the
non-Federal entity’s own funds, however represented, are unallowable. Financing costs (including interest) to
acquire, construct, or replace capital
assets are allowable, subject to the
conditions in this section.
(b)(1) Capital assets is defined as
noted in § 200.12 Capital assets. An
asset cost includes (as applicable) acquisition costs, construction costs, and
other costs capitalized in accordance
with GAAP.
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2 CFR Ch. II (1–1–14 Edition)
(2) For non-Federal entity fiscal
years beginning on or after January 1,
2016, intangible assets include patents
and computer software. For software
development projects, only interest attributable to the portion of the project
costs capitalized in accordance with
GAAP is allowable.
(c) Conditions for all non-Federal entities. (1) The non-Federal entity uses the
capital assets in support of Federal
awards;
(2) The allowable asset costs to acquire facilities and equipment are limited to a fair market value available to
the non-Federal entity from an unrelated (arm’s length) third party.
(3) The non-Federal entity obtains
the financing via an arm’s-length
transaction (that is, a transaction with
an unrelated third party); or claims reimbursement of actual interest cost at
a rate available via such a transaction.
(4) The non-Federal entity limits
claims for Federal reimbursement of
interest costs to the least expensive alternative. For example, a capital lease
may be determined less costly than
purchasing through debt financing, in
which case reimbursement must be
limited to the amount of interest determined if leasing had been used.
(5) The non-Federal entity expenses
or capitalizes allowable interest cost in
accordance with GAAP.
(6) Earnings generated by the investment of borrowed funds pending their
disbursement for the asset costs are
used to offset the current period’s allowable interest cost, whether that
cost is expensed or capitalized. Earnings subject to being reported to the
Federal Internal Revenue Service
under arbitrage requirements are excludable.
(7) The following conditions must
apply to debt arrangements over $1
million to purchase or construct facilities, unless the non-Federal entity
makes an initial equity contribution to
the purchase of 25 percent or more. For
this purpose, ‘‘initial equity contribution’’ means the amount or value of
contributions made by the non-Federal
entity for the acquisition of facilities
prior to occupancy.
(i) The non-Federal entity must reduce claims for reimbursement of interest cost by an amount equal to im-
puted interest earnings on excess cash
flow attributable to the portion of the
facility used for Federal awards.
(ii) The non-Federal entity must impute interest on excess cash flow as follows:
(A) Annually, the non-Federal entity
must prepare a cumulative (from the
inception of the project) report of
monthly cash inflows and outflows, regardless of the funding source. For this
purpose, inflows consist of Federal reimbursement for depreciation, amortization of capitalized construction interest, and annual interest cost. Outflows consist of initial equity contributions, debt principal payments (less the
pro-rata share attributable to the cost
of land), and interest payments.
(B) To compute monthly cash inflows
and outflows, the non-Federal entity
must divide the annual amounts determined in step (i) by the number of
months in the year (usually 12) that
the building is in service.
(C) For any month in which cumulative cash inflows exceed cumulative
outflows, interest must be calculated
on the excess inflows for that month
and be treated as a reduction to allowable interest cost. The rate of interest
to be used must be the three-month
Treasury bill closing rate as of the last
business day of that month.
(8) Interest attributable to a fully depreciated asset is unallowable.
(d) Additional conditions for states,
local governments and Indian tribes.
For costs to be allowable, the non-Federal entity must have incurred the interest costs for buildings after October
1, 1980, or for land and equipment after
September 1, 1995.
(1) The requirement to offset interest
earned on borrowed funds against current allowable interest cost (paragraph
(c)(5), above) also applies to earnings
on debt service reserve funds.
(2) The non-Federal entity will negotiate the amount of allowable interest
cost related to the acquisition of facilities with asset costs of $1 million or
more, as outlined in paragraph (c)(7) of
this section. For this purpose, a nonFederal entity must consider only cash
inflows and outflows attributable to
that portion of the real property used
for Federal awards.
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(e) Additional conditions for IHEs.
For costs to be allowable, the IHE
must have incurred the interest costs
after September 23, 1982, in connection
with acquisitions of capital assets that
occurred after that date.
(f) Additional condition for nonprofit
organizations. For costs to be allowable, the nonprofit organization incurred the interest costs after September 29, 1995, in connection with acquisitions of capital assets that occurred after that date.
(g) The interest allowability provisions of this section do not apply to a
nonprofit organization subject to ‘‘full
coverage’’ under the Cost Accounting
Standards (CAS), as defined at 48 CFR
9903.201–2(a). The non-Federal entity’s
Federal awards are instead subject to
CAS 414 (48 CFR 9904.414), ‘‘Cost of
Money as an Element of the Cost of Facilities Capital’’, and CAS 417 (48 CFR
9904.417), ‘‘Cost of Money as an Element
of the Cost of Capital Assets Under
Construction’’.
§ 200.450 Lobbying.
(a) The cost of certain influencing activities associated with obtaining
grants, contracts, cooperative agreements, or loans is an unallowable cost.
Lobbying with respect to certain
grants, contracts, cooperative agreements, and loans is governed by relevant statutes, including among others, the provisions of 31 U.S.C. 1352, as
well as the common rule, ‘‘New Restrictions on Lobbying’’ published at 55
FR 6736 (February 26, 1990), including
definitions, and the Office of Management and Budget ‘‘Governmentwide
Guidance for New Restrictions on Lobbying’’ and notices published at 54 FR
52306 (December 20, 1989), 55 FR 24540
(June 15, 1990), 57 FR 1772 (January 15,
1992), and 61 FR 1412 (January 19, 1996).
(b) Executive lobbying costs. Costs
incurred in attempting to improperly
influence either directly or indirectly,
an employee or officer of the executive
branch of the Federal government to
give consideration or to act regarding a
Federal award or a regulatory matter
are unallowable. Improper influence
means any influence that induces or
tends to induce a Federal employee or
officer to give consideration or to act
regarding a Federal award or regu-
latory matter on any basis other than
the merits of the matter.
(c) In addition to the above, the following restrictions are applicable to
nonprofit organizations and IHEs:
(1) Costs associated with the following activities are unallowable:
(i) Attempts to influence the outcomes of any Federal, state, or local
election, referendum, initiative, or
similar procedure, through in-kind or
cash contributions, endorsements, publicity, or similar activity;
(ii) Establishing, administering, contributing to, or paying the expenses of
a political party, campaign, political
action committee, or other organization established for the purpose of influencing the outcomes of elections in
the United States;
(iii) Any attempt to influence:
(A)The introduction of Federal or
state legislation;
(B) The enactment or modification of
any pending Federal or state legislation through communication with any
member or employee of the Congress or
state legislature (including efforts to
influence state or local officials to engage in similar lobbying activity);
(C) The enactment or modification of
any pending Federal or state legislation by preparing, distributing, or
using publicity or propaganda, or by
urging members of the general public,
or any segment thereof, to contribute
to or participate in any mass demonstration, march, rally, fund raising
drive, lobbying campaign or letter
writing or telephone campaign; or
(D) Any government official or employee in connection with a decision to
sign or veto enrolled legislation;
(iv) Legislative liaison activities, including attendance at legislative sessions or committee hearings, gathering
information regarding legislation, and
analyzing the effect of legislation,
when such activities are carried on in
support of or in knowing preparation
for an effort to engage in unallowable
lobbying.
(2) The following activities are excepted from the coverage of paragraph
(c)(1) of this section:
(i) Technical and factual presentations on topics directly related to
the performance of a grant, contract,
or other agreement (through hearing
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§ 200.450
2 CFR Ch. II (1–1–14 Edition)
testimony, statements, or letters to
the Congress or a state legislature, or
subdivision, member, or cognizant staff
member thereof), in response to a documented request (including a Congressional Record notice requesting testimony or statements for the record at a
regularly scheduled hearing) made by
the non-Federal entity’s member of
congress, legislative body or a subdivision, or a cognizant staff member
thereof, provided such information is
readily obtainable and can be readily
put in deliverable form, and further
provided that costs under this section
for travel, lodging or meals are unallowable unless incurred to offer testimony at a regularly scheduled Congressional hearing pursuant to a written
request for such presentation made by
the Chairman or Ranking Minority
Member of the Committee or Subcommittee conducting such hearings;
(ii) Any lobbying made unallowable
by paragraph (c)(1)(iii) of this section
to influence state legislation in order
to directly reduce the cost, or to avoid
material impairment of the non-Federal entity’s authority to perform the
grant, contract, or other agreement; or
(iii) Any activity specifically authorized by statute to be undertaken with
funds from the Federal award.
(iv) Any activity excepted from the
definitions of ‘‘lobbying’’ or ‘‘influencing legislation’’ by the Internal
Revenue Code provisions that require
nonprofit organizations to limit their
participation in direct and ‘‘grass
roots’’ lobbying activities in order to
retain their charitable deduction status and avoid punitive excise taxes,
I.R.C. §§ 501(c)(3), 501(h), 4911(a), including:
(A) Nonpartisan analysis, study, or
research reports;
(B) Examinations and discussions of
broad social, economic, and similar
problems; and
(C) Information provided upon request by a legislator for technical advice and assistance, as defined by I.R.C.
§ 4911(d)(2) and 26 CFR 56.4911–2(c)(1)–
(c)(3).
(v) When a non-Federal entity seeks
reimbursement for indirect (F&A)
costs, total lobbying costs must be separately identified in the indirect (F&A)
cost rate proposal, and thereafter
treated as other unallowable activity
costs in accordance with the procedures of § 200.413 Direct costs.
(vi) The non-Federal entity must submit as part of its annual indirect
(F&A) cost rate proposal a certification
that the requirements and standards of
this section have been complied with.
(See also § 200.415 Required certifications.)
(vii)(A) Time logs, calendars, or similar records are not required to be created for purposes of complying with
the record keeping requirements in
§ 200.302 Financial management with
respect to lobbying costs during any
particular calendar month when:
(1) The employee engages in lobbying
(as defined in paragraphs (c)(1) and
(c)(2) of this section) 25 percent or less
of the employee’s compensated hours of
employment during that calendar
month; and
(2) Within the preceding five-year period, the non-Federal entity has not
materially misstated allowable or unallowable costs of any nature, including legislative lobbying costs.
(B) When conditions in paragraph
(c)(2)(vii)(A)(1) and (2) of this section
are met, non-Federal entities are not
required to establish records to support
the allowability of claimed costs in addition to records already required or
maintained. Also, when conditions in
paragraphs (c)(2)(vii)(A)(1) and (2) of
this section are met, the absence of
time logs, calendars, or similar records
will not serve as a basis for disallowing
costs by contesting estimates of lobbying time spent by employees during
a calendar month.
(viii) The Federal awarding agency
must establish procedures for resolving
in advance, in consultation with OMB,
any significant questions or disagreements concerning the interpretation or
application of this section. Any such
advance resolutions must be binding in
any subsequent settlements, audits, or
investigations with respect to that
grant or contract for purposes of interpretation of this part, provided, however, that this must not be construed
to prevent a contractor or non-Federal
entity from contesting the lawfulness
of such a determination.
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§ 200.457
§ 200.451 Losses on other awards or
contracts.
Any excess of costs over income
under any other award or contract of
any nature is unallowable. This includes, but is not limited to, the nonFederal entity’s contributed portion by
reason of cost-sharing agreements or
any under-recoveries through negotiation of flat amounts for indirect (F&A)
costs. Also, any excess of costs over authorized funding levels transferred
from any award or contract to another
award or contract is unallowable. All
losses are not allowable indirect (F&A)
costs and are required to be included in
the appropriate indirect cost rate base
for allocation of indirect costs.
§ 200.452 Maintenance
costs.
and
repair
Costs incurred for utilities, insurance, security, necessary maintenance,
janitorial services, repair, or upkeep of
buildings and equipment (including
Federal property unless otherwise provided for) which neither add to the permanent value of the property nor appreciably prolong its intended life, but
keep it in an efficient operating condition, are allowable. Costs incurred for
improvements which add to the permanent value of the buildings and equipment or appreciably prolong their intended life must be treated as capital
expenditures (see § 200.439 Equipment
and other capital expenditures). These
costs are only allowable to the extent
not paid through rental or other agreements.
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§ 200.453 Materials and supplies costs,
including costs of computing devices.
(a) Costs incurred for materials, supplies, and fabricated parts necessary to
carry out a Federal award are allowable.
(b) Purchased materials and supplies
must be charged at their actual prices,
net of applicable credits. Withdrawals
from general stores or stockrooms
should be charged at their actual net
cost under any recognized method of
pricing inventory withdrawals, consistently applied. Incoming transportation
charges are a proper part of materials
and supplies costs.
(c) Materials and supplies used for
the performance of a Federal award
may be charged as direct costs. In the
specific case of computing devices,
charging as direct costs is allowable for
devices that are essential and allocable, but not solely dedicated, to the
performance of a Federal award.
(d) Where federally-donated or furnished materials are used in performing the Federal award, such materials will be used without charge.
§ 200.454 Memberships, subscriptions,
and professional activity costs.
(a) Costs of the non-Federal entity’s
membership in business, technical, and
professional organizations are allowable.
(b) Costs of the non-Federal entity’s
subscriptions to business, professional,
and technical periodicals are allowable.
(c) Costs of membership in any civic
or community organization are allowable with prior approval by the Federal
awarding agency or pass-through entity.
(d) Costs of membership in any country club or social or dining club or organization are unallowable.
(e) Costs of membership in organizations whose primary purpose is lobbying are unallowable. See also § 200.450
Lobbying.
§ 200.455 Organization costs.
Costs such as incorporation fees, brokers’ fees, fees to promoters, organizers
or management consultants, attorneys,
accountants, or investment counselor,
whether or not employees of the nonFederal entity in connection with establishment or reorganization of an organization, are unallowable except
with prior approval of the Federal
awarding agency.
§ 200.456 Participant support costs.
Participant support costs as defined
in § 200.75 Participant support costs are
allowable with the prior approval of
the Federal awarding agency.
§ 200.457 Plant and security costs.
Necessary and reasonable expenses
incurred for routine and security to
protect facilities, personnel, and work
products are allowable. Such costs include, but are not limited to, wages
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§ 200.458
2 CFR Ch. II (1–1–14 Edition)
and uniforms of personnel engaged in
security activities; equipment; barriers; protective (non-military) gear,
devices, and equipment; contractual security services; and consultants. Capital expenditures for plant security
purposes are subject to § 200.439 Equipment and other capital expenditures.
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§ 200.458 Pre-award costs.
Pre-award costs are those incurred
prior to the effective date of the Federal award directly pursuant to the negotiation and in anticipation of the
Federal award where such costs are
necessary for efficient and timely performance of the scope of work. Such
costs are allowable only to the extent
that they would have been allowable if
incurred after the date of the Federal
award and only with the written approval of the Federal awarding agency.
§ 200.459 Professional service costs.
(a) Costs of professional and consultant services rendered by persons who
are members of a particular profession
or possess a special skill, and who are
not officers or employees of the nonFederal entity, are allowable, subject
to paragraphs (b) and (c) when reasonable in relation to the services rendered and when not contingent upon
recovery of the costs from the Federal
government. In addition, legal and related services are limited under
§ 200.435 Defense and prosecution of
criminal and civil proceedings, claims,
appeals and patent infringements.
(b) In determining the allowability of
costs in a particular case, no single factor or any special combination of factors is necessarily determinative. However, the following factors are relevant:
(1) The nature and scope of the service rendered in relation to the service
required.
(2) The necessity of contracting for
the service, considering the non-Federal entity’s capability in the particular area.
(3) The past pattern of such costs,
particularly in the years prior to Federal awards.
(4) The impact of Federal awards on
the non-Federal entity’s business (i.e.,
what new problems have arisen).
(5) Whether the proportion of Federal
work to the non-Federal entity’s total
business is such as to influence the
non-Federal entity in favor of incurring the cost, particularly where the
services rendered are not of a continuing nature and have little relationship to work under Federal awards.
(6) Whether the service can be performed more economically by direct
employment rather than contracting.
(7) The qualifications of the individual or concern rendering the service
and the customary fees charged, especially on non-federally funded activities.
(8) Adequacy of the contractual
agreement for the service (e.g., description of the service, estimate of time required, rate of compensation, and termination provisions).
(c) In addition to the factors in paragraph (b) of this section, to be allowable, retainer fees must be supported
by evidence of bona fide services available or rendered.
§ 200.460
Proposal costs.
Proposal costs are the costs of preparing bids, proposals, or applications
on potential Federal and non-Federal
awards or projects, including the development of data necessary to support
the non-Federal entity’s bids or proposals. Proposal costs of the current
accounting period of both successful
and unsuccessful bids and proposals
normally should be treated as indirect
(F&A) costs and allocated currently to
all activities of the non-Federal entity.
No proposal costs of past accounting
periods will be allocable to the current
period.
§ 200.461 Publication
costs.
and
(a) Publication costs for electronic
and print media, including distribution, promotion, and general handling
are allowable. If these costs are not
identifiable with a particular cost objective, they should be allocated as indirect costs to all benefiting activities
of the non-Federal entity.
(b) Page charges for professional
journal publications are allowable
where:
(1) The publications report work supported by the Federal government; and
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§ 200.464
(2) The charges are levied impartially
on all items published by the journal,
whether or not under a Federal award.
(3) The non-Federal entity may
charge the Federal award before closeout for the costs of publication or sharing of research results if the costs are
not incurred during the period of performance of the Federal award.
§ 200.462 Rearrangement
version costs.
and
recon-
(a) Costs incurred for ordinary and
normal rearrangement and alteration
of facilities are allowable as indirect
costs. Special arrangements and alterations costs incurred specifically for a
Federal award are allowable as a direct
cost with the prior approval of the Federal awarding agency or pass-through
entity.
(b) Costs incurred in the restoration
or rehabilitation of the non-Federal entity’s facilities to approximately the
same condition existing immediately
prior to commencement of Federal
awards, less costs related to normal
wear and tear, are allowable.
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§ 200.463
Recruiting costs.
(a) Subject to paragraphs (b) and (c)
of this section, and provided that the
size of the staff recruited and maintained is in keeping with workload requirements, costs of ‘‘help wanted’’ advertising, operating costs of an employment office necessary to secure
and maintain an adequate staff, costs
of operating an aptitude and educational testing program, travel costs
of employees while engaged in recruiting personnel, travel costs of applicants for interviews for prospective
employment, and relocation costs incurred incident to recruitment of new
employees, are allowable to the extent
that such costs are incurred pursuant
to the non-Federal entity’s standard
recruitment program. Where the nonFederal entity uses employment agencies, costs not in excess of standard
commercial rates for such services are
allowable.
(b) Special emoluments, fringe benefits, and salary allowances incurred to
attract professional personnel that do
not meet the test of reasonableness or
do not conform with the established
practices of the non-Federal entity, are
unallowable.
(c) Where relocation costs incurred
incident to recruitment of a new employee have been funded in whole or in
part as a direct cost to a Federal
award, and the newly hired employee
resigns for reasons within the employee’s control within 12 months after
hire, the non-Federal entity will be required to refund or credit the Federal
share of such relocation costs to the
Federal government. See also § 200.464
Relocation costs of employees.
(d) Short-term, travel visa costs (as
opposed to longer-term, immigration
visas) are generally allowable expenses
that may be proposed as a direct cost.
Since short-term visas are issued for a
specific period and purpose, they can be
clearly identified as directly connected
to work performed on a Federal award.
For these costs to be directly charged
to a Federal award, they must:
(1) Be critical and necessary for the
conduct of the project;
(2) Be allowable under the applicable
cost principles;
(3) Be consistent with the non-Federal entity’s cost accounting practices
and non-Federal entity policy; and
(4) Meet the definition of ‘‘direct
cost’’ as described in the applicable
cost principles.
§ 200.464 Relocation costs of employees.
(a) Relocation costs are costs incident to the permanent change of duty
assignment (for an indefinite period or
for a stated period of not less than 12
months) of an existing employee or
upon recruitment of a new employee.
Relocation costs are allowable, subject
to the limitations described in paragraphs (b), (c), and (d) of this section,
provided that:
(1) The move is for the benefit of the
employer.
(2) Reimbursement to the employee
is in accordance with an established
written policy consistently followed by
the employer.
(3) The reimbursement does not exceed the employee’s actual (or reasonably estimated) expenses.
(b) Allowable relocation costs for
current employees are limited to the
following:
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§ 200.465
2 CFR Ch. II (1–1–14 Edition)
(1) The costs of transportation of the
employee, members of his or her immediate family and his household, and
personal effects to the new location.
(2) The costs of finding a new home,
such as advance trips by employees and
spouses to locate living quarters and
temporary lodging during the transition period, up to maximum period of
30 calendar days.
(3) Closing costs, such as brokerage,
legal, and appraisal fees, incident to
the disposition of the employee’s
former home. These costs, together
with those described in (4), are limited
to 8 per cent of the sales price of the
employee’s former home.
(4) The continuing costs of ownership
(for up to six months) of the vacant
former home after the settlement or
lease date of the employee’s new permanent home, such as maintenance of
buildings and grounds (exclusive of fixing-up expenses), utilities, taxes, and
property insurance.
(5) Other necessary and reasonable
expenses normally incident to relocation, such as the costs of canceling an
unexpired lease, transportation of personal property, and purchasing insurance against loss of or damages to personal property. The cost of canceling
an unexpired lease is limited to three
times the monthly rental.
(c) Allowable relocation costs for new
employees are limited to those described in paragraphs (b)(1) and (2) of
this section. When relocation costs incurred incident to the recruitment of
new employees have been allowed either as a direct or indirect cost and the
employee resigns for reasons within
the employee’s control within 12
months after hire, the non-Federal entity must refund or credit the Federal
government for its share of the cost.
However, the costs of travel to an overseas location must be considered travel
costs in accordance with § 200.474 Travel costs, and not this § 200.464 Relocation costs of employees, for the purpose
of this paragraph if dependents are not
permitted at the location for any reason and the costs do not include costs
of transporting household goods.
(d) The following costs related to relocation are unallowable:
(1) Fees and other costs associated
with acquiring a new home.
(2) A loss on the sale of a former
home.
(3) Continuing mortgage principal
and interest payments on a home being
sold.
(4) Income taxes paid by an employee
related to reimbursed relocation costs.
§ 200.465 Rental costs of real property
and equipment.
(a) Subject to the limitations described in paragraphs (b) through (d) of
this section, rental costs are allowable
to the extent that the rates are reasonable in light of such factors as: rental
costs of comparable property, if any;
market conditions in the area; alternatives available; and the type, life expectancy, condition, and value of the
property leased. Rental arrangements
should be reviewed periodically to determine if circumstances have changed
and other options are available.
(b) Rental costs under ‘‘sale and lease
back’’ arrangements are allowable only
up to the amount that would be allowed had the non-Federal entity continued to own the property. This
amount would include expenses such as
depreciation, maintenance, taxes, and
insurance.
(c) Rental costs under ‘‘less-thanarm’s-length’’ leases are allowable only
up to the amount (as explained in paragraph (b) of this section). For this purpose, a less-than-arm’s-length lease is
one under which one party to the lease
agreement is able to control or substantially influence the actions of the
other. Such leases include, but are not
limited to those between:
(1) Divisions of the non-Federal entity;
(2) The non-Federal entity under
common control through common officers, directors, or members; and
(3) The non-Federal entity and a director, trustee, officer, or key employee of the non-Federal entity or an
immediate family member, either directly or through corporations, trusts,
or similar arrangements in which they
hold a controlling interest. For example, the non-Federal entity may establish a separate corporation for the sole
purpose of owning property and leasing
it back to the non-Federal entity.
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§ 200.468
(4) Family members include one
party with any of the following relationships to another party:
(i) Spouse, and parents thereof;
(ii) Children, and spouses thereof;
(iii) Parents, and spouses thereof;
(iv) Siblings, and spouses thereof;
(v) Grandparents and grandchildren,
and spouses thereof;
(vi) Domestic partner and parents
thereof, including domestic partners of
any individual in 2 through 5 of this
definition; and
(vii) Any individual related by blood
or affinity whose close association with
the employee is the equivalent of a
family relationship.
(5) Rental costs under leases which
are required to be treated as capital
leases under GAAP are allowable only
up to the amount (as explained in paragraph (b) of this section) that would be
allowed had the non-Federal entity
purchased the property on the date the
lease agreement was executed. The provisions of GAAP must be used to determine whether a lease is a capital lease.
Interest costs related to capital leases
are allowable to the extent they meet
the criteria in § 200.449 Interest. Unallowable costs include amounts paid for
profit, management fees, and taxes
that would not have been incurred had
the non-Federal entity purchased the
property.
(6) The rental of any property owned
by any individuals or entities affiliated
with the non-Federal entity, to include
commercial or residential real estate,
for purposes such as the home office
workspace is unallowable.
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§ 200.466 Scholarships and student aid
costs.
(a) Costs of scholarships, fellowships,
and other programs of student aid at
IHEs are allowable only when the purpose of the Federal award is to provide
training to selected participants and
the charge is approved by the Federal
awarding agency. However, tuition remission and other forms of compensation paid as, or in lieu of, wages to students performing necessary work are
allowable provided that:
(1) The individual is conducting activities necessary to the Federal
award;
(2) Tuition remission and other support are provided in accordance with
established policy of the IHE and consistently provided in a like manner to
students in return for similar activities
conducted under Federal awards as
well as other activities; and
(3) During the academic period, the
student is enrolled in an advanced degree program at a non-Federal entity
or affiliated institution and the activities of the student in relation to the
Federal award are related to the degree
program;
(4) The tuition or other payments are
reasonable compensation for the work
performed and are conditioned explicitly upon the performance of necessary
work; and
(5) It is the IHE’s practice to similarly compensate students under Federal awards as well as other activities.
(b) Charges for tuition remission and
other forms of compensation paid to
students as, or in lieu of, salaries and
wages must be subject to the reporting
requirements in § 200.430 Compensation—personal services, and must be
treated as direct or indirect cost in accordance with the actual work being
performed. Tuition remission may be
charged on an average rate basis. See
also § 200.431 Compensation—fringe benefits.
§ 200.467
Selling and marketing costs.
Costs of selling and marketing any
products or services of the non-Federal
entity (unless allowed under § 200.421
Advertising and public relations.) are
unallowable, except as direct costs,
with prior approval by the Federal
awarding agency when necessary for
the performance of the Federal award.
§ 200.468
Specialized service facilities.
(a) The costs of services provided by
highly complex or specialized facilities
operated by the non-Federal entity,
such as computing facilities, wind tunnels, and reactors are allowable, provided the charges for the services meet
the conditions of either paragraphs (b)
or (c) of this section, and, in addition,
take into account any items of income
or Federal financing that qualify as applicable credits under § 200.406 Applicable credits.
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§ 200.469
2 CFR Ch. II (1–1–14 Edition)
(b) The costs of such services, when
material, must be charged directly to
applicable awards based on actual
usage of the services on the basis of a
schedule of rates or established methodology that:
(1) Does not discriminate between activities under Federal awards and other
activities of the non-Federal entity, including usage by the non-Federal entity for internal purposes, and
(2) Is designed to recover only the aggregate costs of the services. The costs
of each service must consist normally
of both its direct costs and its allocable
share of all indirect (F&A) costs. Rates
must be adjusted at least biennially,
and must take into consideration over/
under applied costs of the previous period(s).
(c) Where the costs incurred for a
service are not material, they may be
allocated as indirect (F&A) costs.
(d) Under some extraordinary circumstances, where it is in the best interest of the Federal government and
the non-Federal entity to establish alternative costing arrangements, such
arrangements may be worked out with
the Federal cognizant agency for indirect costs.
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§ 200.469 Student activity costs.
Costs incurred for intramural activities, student publications, student
clubs, and other student activities, are
unallowable, unless specifically provided for in the Federal award.
§ 200.470 Taxes
(including
Value
Added Tax).
(a) For states, local governments and
Indian tribes:
(1) Taxes that a governmental unit is
legally required to pay are allowable,
except for self-assessed taxes that disproportionately affect Federal programs or changes in tax policies that
disproportionately affect Federal programs.
(2) Gasoline taxes, motor vehicle
fees, and other taxes that are in effect
user fees for benefits provided to the
Federal government are allowable.
(3) This provision does not restrict
the authority of the Federal awarding
agency to identify taxes where Federal
participation is inappropriate. Where
the identification of the amount of un-
allowable taxes would require an inordinate amount of effort, the cognizant
agency for indirect costs may accept a
reasonable approximation thereof.
(b) For nonprofit organizations and
IHEs:
(1) In general, taxes which the nonFederal entity is required to pay and
which are paid or accrued in accordance with GAAP, and payments made
to local governments in lieu of taxes
which are commensurate with the local
government services received are allowable, except for:
(i) Taxes from which exemptions are
available to the non-Federal entity directly or which are available to the
non-Federal entity based on an exemption afforded the Federal government
and, in the latter case, when the Federal awarding agency makes available
the necessary exemption certificates,
(ii) Special assessments on land
which represent capital improvements,
and
(iii) Federal income taxes.
(2) Any refund of taxes, and any payment to the non-Federal entity of interest thereon, which were allowed as
Federal award costs, will be credited
either as a cost reduction or cash refund, as appropriate, to the Federal
government. However, any interest actually paid or credited to an non-Federal entity incident to a refund of tax,
interest, and penalty will be paid or
credited to the Federal government
only to the extent that such interest
accrued over the period during which
the non-Federal entity has been reimbursed by the Federal government for
the taxes, interest, and penalties.
(c) Value Added Tax (VAT) Foreign
taxes charged for the purchase of goods
or services that a non-Federal entity is
legally required to pay in country is an
allowable
expense
under
Federal
awards. Foreign tax refunds or applicable credits under Federal awards refer
to receipts, or reduction of expenditures, which operate to offset or reduce
expense items that are allocable to
Federal awards as direct or indirect
costs. To the extent that such credits
accrued or received by the non-Federal
entity relate to allowable cost, these
costs must be credited to the Federal
awarding agency either as costs or cash
refunds. If the costs are credited back
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§ 200.471
to the Federal award, the non-Federal
entity may reduce the Federal share of
costs by the amount of the foreign tax
reimbursement, or where Federal
award has not expired, use the foreign
government tax refund for approved activities under the Federal award with
prior approval of the Federal awarding
agency.
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§ 200.471
Termination costs.
Termination of a Federal award generally gives rise to the incurrence of
costs, or the need for special treatment
of costs, which would not have arisen
had the Federal award not been terminated. Cost principles covering these
items are set forth in this section.
They are to be used in conjunction
with the other provisions of this part
in termination situations.
(a) The cost of items reasonably usable on the non-Federal entity’s other
work must not be allowable unless the
non-Federal entity submits evidence
that it would not retain such items at
cost without sustaining a loss. In deciding whether such items are reasonably usable on other work of the nonFederal entity, the Federal awarding
agency should consider the non-Federal
entity’s plans and orders for current
and scheduled activity. Contemporaneous purchases of common items by
the non-Federal entity must be regarded as evidence that such items are
reasonably usable on the non-Federal
entity’s other work. Any acceptance of
common items as allocable to the terminated portion of the Federal award
must be limited to the extent that the
quantities of such items on hand, in
transit, and on order are in excess of
the reasonable quantitative requirements of other work.
(b) If in a particular case, despite all
reasonable efforts by the non-Federal
entity, certain costs cannot be discontinued immediately after the effective
date of termination, such costs are
generally allowable within the limitations set forth in this part, except that
any such costs continuing after termination due to the negligent or willful
failure of the non-Federal entity to discontinue such costs must be unallowable.
(c) Loss of useful value of special
tooling, machinery, and equipment is
generally allowable if:
(1) Such special tooling, special machinery, or equipment is not reasonably capable of use in the other work of
the non-Federal entity,
(2) The interest of the Federal government is protected by transfer of
title or by other means deemed appropriate by the Federal awarding agency
(see also § 200.313 Equipment, paragraph
(d), and
(3) The loss of useful value for any
one terminated Federal award is limited to that portion of the acquisition
cost which bears the same ratio to the
total acquisition cost as the terminated portion of the Federal award
bears to the entire terminated Federal
award and other Federal awards for
which the special tooling, machinery,
or equipment was acquired.
(d) Rental costs under unexpired
leases are generally allowable where
clearly shown to have been reasonably
necessary for the performance of the
terminated Federal award less the residual value of such leases, if:
(1) The amount of such rental
claimed does not exceed the reasonable
use value of the property leased for the
period of the Federal award and such
further period as may be reasonable,
and
(2) The non-Federal entity makes all
reasonable efforts to terminate, assign,
settle, or otherwise reduce the cost of
such lease. There also may be included
the cost of alterations of such leased
property, provided such alterations
were necessary for the performance of
the Federal award, and of reasonable
restoration required by the provisions
of the lease.
(e) Settlement expenses including the
following are generally allowable:
(1) Accounting, legal, clerical, and
similar costs reasonably necessary for:
(i) The preparation and presentation
to the Federal awarding agency of settlement claims and supporting data
with respect to the terminated portion
of the Federal award, unless the termination is for cause (see Subpart D—
Post Federal Award Requirements of
this part, §§ 200.338 Remedies for Noncompliance through 200.342 Effects of
Suspension and termination); and
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§ 200.472
2 CFR Ch. II (1–1–14 Edition)
(ii) The termination and settlement
of subawards.
(2) Reasonable costs for the storage,
transportation, protection, and disposition of property provided by the Federal government or acquired or produced for the Federal award.
(f) Claims under subawards, including
the allocable portion of claims which
are common to the Federal award and
to other work of the non-Federal entity, are generally allowable. An appropriate share of the non-Federal entity’s
indirect costs may be allocated to the
amount of settlements with contractors and/or subrecipients, provided that
the amount allocated is otherwise consistent with the basic guidelines contained in § 200.414 Indirect (F&A) costs.
The indirect costs so allocated must
exclude the same and similar costs
claimed directly or indirectly as settlement expenses.
§ 200.472 Training and education costs.
The cost of training and education
provided for employee development is
allowable.
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§ 200.473 Transportation costs.
Costs incurred for freight, express,
cartage, postage, and other transportation services relating either to goods
purchased, in process, or delivered, are
allowable. When such costs can readily
be identified with the items involved,
they may be charged directly as transportation costs or added to the cost of
such items. Where identification with
the materials received cannot readily
be made, inbound transportation cost
may be charged to the appropriate indirect (F&A) cost accounts if the nonFederal entity follows a consistent, equitable procedure in this respect. Outbound freight, if reimbursable under
the terms and conditions of the Federal
award, should be treated as a direct
cost.
§ 200.474 Travel costs.
(a) General. Travel costs are the expenses for transportation, lodging, subsistence, and related items incurred by
employees who are in travel status on
official business of the non-Federal entity. Such costs may be charged on an
actual cost basis, on a per diem or
mileage basis in lieu of actual costs in-
curred, or on a combination of the two,
provided the method used is applied to
an entire trip and not to selected days
of the trip, and results in charges consistent with those normally allowed in
like circumstances in the non-Federal
entity’s non-federally-funded activities
and in accordance with non-Federal entity’s written travel reimbursement
policies. Notwithstanding the provisions of § 200.444 General costs of government, travel costs of officials covered by that section are allowable with
the prior written approval of the Federal awarding agency or pass-through
entity when they are specifically related to the Federal award.
(b) Lodging and subsistence. Costs incurred by employees and officers for
travel, including costs of lodging, other
subsistence, and incidental expenses,
must be considered reasonable and otherwise allowable only to the extent
such costs do not exceed charges normally allowed by the non-Federal entity in its regular operations as the result of the non-Federal entity’s written
travel policy. In addition, if these costs
are charged directly to the Federal
award documentation must justify
that:
(1) Participation of the individual is
necessary to the Federal award; and
(2) The costs are reasonable and consistent with non-Federal entity’s established travel policy.
(c)(1) Temporary dependent care
costs (as dependent is defined in 26
U.S.C. 152) above and beyond regular
dependent care that directly results
from travel to conferences is allowable
provided that:
(i) The costs are a direct result of the
individual’s travel for the Federal
award;
(ii) The costs are consistent with the
non-Federal entity’s documented travel policy for all entity travel; and
(iii) Are only temporary during the
travel period.
(2) Travel costs for dependents are
unallowable, except for travel of duration of six months or more with prior
approval of the Federal awarding agency. See also § 200.432 Conferences.
(3) In the absence of an acceptable,
written non-Federal entity policy regarding travel costs, the rates and
amounts established under 5 U.S.C.
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§ 200.501
5701–11, (‘‘Travel and Subsistence Expenses; Mileage Allowances’’), or by
the Administrator of General Services,
or by the President (or his or her designee) pursuant to any provisions of
such subchapter must apply to travel
under Federal awards (48 CFR 31.205–
46(a)).
(d) Commercial air travel. (1) Airfare
costs in excess of the basic least expensive
unrestricted
accommodations
class offered by commercial airlines
are unallowable except when such accommodations would:
(i) Require circuitous routing;
(ii) Require travel during unreasonable hours;
(iii) Excessively prolong travel;
(iv) Result in additional costs that
would offset the transportation savings; or
(v) Offer accommodations not reasonably adequate for the traveler’s medical needs. The non-Federal entity
must justify and document these conditions on a case-by-case basis in order
for the use of first-class or businessclass airfare to be allowable in such
cases.
(2) Unless a pattern of avoidance is
detected, the Federal government will
generally not question a non-Federal
entity’s determinations that customary standard airfare or other discount airfare is unavailable for specific
trips if the non-Federal entity can
demonstrate that such airfare was not
available in the specific case.
(e) Air travel by other than commercial
carrier. Costs of travel by non-Federal
entity-owned, -leased, or -chartered
aircraft include the cost of lease, charter, operation (including personnel
costs), maintenance, depreciation, insurance, and other related costs. The
portion of such costs that exceeds the
cost of airfare as provided for in paragraph (d) of this section, is unallowable.
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§ 200.475
Trustees.
Travel and subsistence costs of trustees (or directors) at IHEs and nonprofit
organizations are allowable. See also
§ 200.474 Travel costs.
Subpart F—Audit Requirements
GENERAL
§ 200.500
Purpose.
This part sets forth standards for obtaining consistency and uniformity
among Federal agencies for the audit
of non-Federal entities expending Federal awards.
AUDITS
§ 200.501
Audit requirements.
(a) Audit required. A non-Federal entity that expends $750,000 or more during
the non-Federal entity’s fiscal year in
Federal awards must have a single or
program-specific audit conducted for
that year in accordance with the provisions of this part.
(b) Single audit. A non-Federal entity
that expends $750,000 or more during
the non-Federal entity’s fiscal year in
Federal awards must have a single
audit conducted in accordance with
§ 200.514 Scope of audit except when it
elects to have a program-specific audit
conducted in accordance with paragraph (c) of this section.
(c) Program-specific audit election.
When an auditee expends Federal
awards under only one Federal program (excluding R&D) and the Federal
program’s statutes, regulations, or the
terms and conditions of the Federal
award do not require a financial statement audit of the auditee, the auditee
may elect to have a program-specific
audit conducted in accordance with
§ 200.507 Program-specific audits. A program-specific audit may not be elected
for R&D unless all of the Federal
awards expended were received from
the same Federal agency, or the same
Federal agency and the same passthrough entity, and that Federal agency, or pass-through entity in the case
of a subrecipient, approves in advance
a program-specific audit.
(d) Exemption when Federal awards expended are less than $750,000. A non-Federal entity that expends less than
$750,000 during the non-Federal entity’s
fiscal year in Federal awards is exempt
from Federal audit requirements for
that year, except as noted in § 200.503
Relation to other audit requirements,
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§ 200.502
2 CFR Ch. II (1–1–14 Edition)
but records must be available for review or audit by appropriate officials
of the Federal agency, pass-through entity, and Government Accountability
Office (GAO).
(e) Federally Funded Research and Development Centers (FFRDC). Management of an auditee that owns or operates a FFRDC may elect to treat the
FFRDC as a separate entity for purposes of this part.
(f) Subrecipients and Contractors. An
auditee may simultaneously be a recipient, a subrecipient, and a contractor. Federal awards expended as a
recipient or a subrecipient are subject
to audit under this part. The payments
received for goods or services provided
as a contractor are not Federal awards.
Section § 200.330 Subrecipient and contractor determinations should be considered in determining whether payments constitute a Federal award or a
payment for goods or services provided
as a contractor.
(g) Compliance responsibility for contractors. In most cases, the auditee’s
compliance responsibility for contractors is only to ensure that the procurement, receipt, and payment for goods
and services comply with Federal statutes, regulations, and the terms and
conditions of Federal awards. Federal
award compliance requirements normally do not pass through to contractors. However, the auditee is responsible for ensuring compliance for procurement transactions which are structured such that the contractor is responsible for program compliance or
the contractor’s records must be reviewed to determine program compliance. Also, when these procurement
transactions relate to a major program, the scope of the audit must include determining whether these transactions are in compliance with Federal
statutes, regulations, and the terms
and conditions of Federal awards.
(h) For-profit subrecipient. Since this
part does not apply to for-profit subrecipients, the pass-through entity is
responsible for establishing requirements, as necessary, to ensure compliance by for-profit subrecipients. The
agreement with the for-profit subrecipient should describe applicable
compliance requirements and the forprofit subrecipient’s compliance re-
sponsibility. Methods to ensure compliance for Federal awards made to forprofit subrecipients may include preaward audits, monitoring during the
agreement, and post-award audits. See
also § 200.331 Requirements for passthrough entities.
§ 200.502 Basis for determining Federal awards expended.
(a) Determining Federal awards expended. The determination of when a
Federal award is expended should be
based on when the activity related to
the Federal award occurs. Generally,
the activity pertains to events that require the non-Federal entity to comply
with Federal statutes, regulations, and
the terms and conditions of Federal
awards, such as: expenditure/expense
transactions associated with awards including grants, cost-reimbursement
contracts under the FAR, compacts
with Indian Tribes, cooperative agreements, and direct appropriations; the
disbursement of funds to subrecipients;
the use of loan proceeds under loan and
loan guarantee programs; the receipt of
property; the receipt of surplus property; the receipt or use of program income; the distribution or use of food
commodities; the disbursement of
amounts entitling the non-Federal entity to an interest subsidy; and the period when insurance is in force.
(b) Loan and loan guarantees (loans).
Since the Federal government is at
risk for loans until the debt is repaid,
the following guidelines must be used
to calculate the value of Federal
awards expended under loan programs,
except as noted in paragraphs (c) and
(d) of this section:
(1) Value of new loans made or received during the audit period; plus
(2) Beginning of the audit period balance of loans from previous years for
which the Federal government imposes
continuing compliance requirements;
plus
(3) Any interest subsidy, cash, or administrative cost allowance received.
(c) Loan and loan guarantees (loans) at
IHEs. When loans are made to students
of an IHE but the IHE does not make
the loans, then only the value of loans
made during the audit period must be
considered Federal awards expended in
that audit period. The balance of loans
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§ 200.503
for previous audit periods is not included as Federal awards expended because the lender accounts for the prior
balances.
(d) Prior loan and loan guarantees
(loans). Loans, the proceeds of which
were received and expended in prior
years, are not considered Federal
awards expended under this part when
the Federal statutes, regulations, and
the terms and conditions of Federal
awards pertaining to such loans impose
no continuing compliance requirements other than to repay the loans.
(e) Endowment funds. The cumulative
balance of Federal awards for endowment funds that are federally restricted are considered Federal awards
expended in each audit period in which
the funds are still restricted.
(f) Free rent. Free rent received by
itself is not considered a Federal award
expended under this part. However, free
rent received as part of a Federal
award to carry out a Federal program
must be included in determining Federal awards expended and subject to
audit under this part.
(g) Valuing non-cash assistance. Federal non-cash assistance, such as free
rent, food commodities, donated property, or donated surplus property, must
be valued at fair market value at the
time of receipt or the assessed value
provided by the Federal agency.
(h) Medicare. Medicare payments to a
non-Federal entity for providing patient care services to Medicare-eligible
individuals are not considered Federal
awards expended under this part.
(i) Medicaid. Medicaid payments to a
subrecipient for providing patient care
services to Medicaid-eligible individuals are not considered Federal awards
expended under this part unless a state
requires the funds to be treated as Federal awards expended because reimbursement is on a cost-reimbursement
basis.
(j) Certain loans provided by the National Credit Union Administration. For
purposes of this part, loans made from
the National Credit Union Share Insurance Fund and the Central Liquidity
Facility that are funded by contributions from insured non-Federal entities
are not considered Federal awards expended.
§ 200.503 Relation to other audit requirements.
(a) An audit conducted in accordance
with this part must be in lieu of any financial audit of Federal awards which
a non-Federal entity is required to undergo under any other Federal statute
or regulation. To the extent that such
audit provides a Federal agency with
the information it requires to carry
out its responsibilities under Federal
statute or regulation, a Federal agency
must rely upon and use that information.
(b) Notwithstanding subsection (a), a
Federal agency, Inspectors General, or
GAO may conduct or arrange for additional audits which are necessary to
carry out its responsibilities under
Federal statute or regulation. The provisions of this part do not authorize
any non-Federal entity to constrain, in
any manner, such Federal agency from
carrying out or arranging for such additional audits, except that the Federal
agency must plan such audits to not be
duplicative of other audits of Federal
awards. Prior to commencing such an
audit, the Federal agency or passthrough entity must review the FAC
for recent audits submitted by the nonFederal entity, and to the extent such
audits meet a Federal agency or passthrough entity’s needs, the Federal
agency or pass-through entity must
rely upon and use such audits. Any additional audits must be planned and
performed in such a way as to build
upon work performed, including the
audit documentation, sampling, and
testing already performed, by other
auditors.
(c) The provisions of this part do not
limit the authority of Federal agencies
to conduct, or arrange for the conduct
of, audits and evaluations of Federal
awards, nor limit the authority of any
Federal agency Inspector General or
other Federal official. For example, requirements that may be applicable
under the FAR or CAS and the terms
and conditions of a cost-reimbursement
contract may include additional applicable audits to be conducted or arranged for by Federal agencies.
(d) Federal agency to pay for additional audits. A Federal agency that
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§ 200.504
2 CFR Ch. II (1–1–14 Edition)
conducts or arranges for additional audits must, consistent with other applicable Federal statutes and regulations,
arrange for funding the full cost of
such additional audits.
(e) Request for a program to be audited as a major program. A Federal
awarding agency may request that an
auditee have a particular Federal program audited as a major program in
lieu of the Federal awarding agency
conducting or arranging for the additional audits. To allow for planning,
such requests should be made at least
180 calendar days prior to the end of
the fiscal year to be audited. The
auditee, after consultation with its
auditor, should promptly respond to
such a request by informing the Federal awarding agency whether the program would otherwise be audited as a
major program using the risk-based
audit approach described in § 200.518
Major program determination and, if
not, the estimated incremental cost.
The Federal awarding agency must
then promptly confirm to the auditee
whether it wants the program audited
as a major program. If the program is
to be audited as a major program based
upon this Federal awarding agency request, and the Federal awarding agency agrees to pay the full incremental
costs, then the auditee must have the
program audited as a major program. A
pass-through entity may use the provisions of this paragraph for a subrecipient.
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§ 200.504
Frequency of audits.
Except for the provisions for biennial
audits provided in paragraphs (a) and
(b) of this section, audits required by
this part must be performed annually.
Any biennial audit must cover both
years within the biennial period.
(a) A state, local government, or Indian tribe that is required by constitution or statute, in effect on January 1,
1987, to undergo its audits less frequently than annually, is permitted to
undergo its audits pursuant to this
part biennially. This requirement must
still be in effect for the biennial period.
(b) Any nonprofit organization that
had biennial audits for all biennial periods ending between July 1, 1992, and
January 1, 1995, is permitted to under-
go its audits pursuant to this part biennially.
§ 200.505
Sanctions.
In cases of continued inability or unwillingness to have an audit conducted
in accordance with this part, Federal
agencies and pass-through entities
must take appropriate action as provided in § 200.338 Remedies for noncompliance.
§ 200.506
Audit costs.
See § 200.425 Audit services.
§ 200.507
Program-specific audits.
(a) Program-specific audit guide available. In many cases, a program-specific
audit guide will be available to provide
specific guidance to the auditor with
respect to internal controls, compliance requirements, suggested audit
procedures, and audit reporting requirements. A listing of current program-specific audit guides can be found
in the compliance supplement beginning with the 2014 supplement including Federal awarding agency contact
information and a Web site where a
copy of the guide can be obtained.
When a current program-specific audit
guide is available, the auditor must
follow GAGAS and the guide when performing a program-specific audit.
(b) Program-specific audit guide not
available. (1) When a program-specific
audit guide is not available, the
auditee and auditor must have basically the same responsibilities for the
Federal program as they would have
for an audit of a major program in a
single audit.
(2) The auditee must prepare the financial statement(s) for the Federal
program that includes, at a minimum,
a schedule of expenditures of Federal
awards for the program and notes that
describe the significant accounting
policies used in preparing the schedule,
a summary schedule of prior audit findings consistent with the requirements
of § 200.511 Audit findings follow-up,
paragraph (b), and a corrective action
plan consistent with the requirements
of § 200.511 Audit findings follow-up,
paragraph (c).
(3) The auditor must:
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§ 200.507
(i) Perform an audit of the financial
statement(s) for the Federal program
in accordance with GAGAS;
(ii) Obtain an understanding of internal controls and perform tests of internal controls over the Federal program
consistent with the requirements of
§ 200.514 Scope of audit, paragraph (c)
for a major program;
(iii) Perform procedures to determine
whether the auditee has complied with
Federal statutes, regulations, and the
terms and conditions of Federal awards
that could have a direct and material
effect on the Federal program consistent with the requirements of
§ 200.514 Scope of audit, paragraph (d)
for a major program;
(iv) Follow up on prior audit findings,
perform procedures to assess the reasonableness of the summary schedule
of prior audit findings prepared by the
auditee in accordance with the requirements of § 200.511 Audit findings followup, and report, as a current year audit
finding, when the auditor concludes
that the summary schedule of prior
audit findings materially misrepresents the status of any prior audit finding; and
(v) Report any audit findings consistent with the requirements of
§ 200.516 Audit findings.
(4) The auditor’s report(s) may be in
the form of either combined or separate reports and may be organized differently from the manner presented in
this section. The auditor’s report(s)
must state that the audit was conducted in accordance with this part
and include the following:
(i) An opinion (or disclaimer of opinion) as to whether the financial statement(s) of the Federal program is presented fairly in all material respects in
accordance with the stated accounting
policies;
(ii) A report on internal control related to the Federal program, which
must describe the scope of testing of
internal control and the results of the
tests;
(iii) A report on compliance which includes an opinion (or disclaimer of
opinion) as to whether the auditee
complied with laws, regulations, and
the terms and conditions of Federal
awards which could have a direct and
material effect on the Federal program; and
(iv) A schedule of findings and questioned costs for the Federal program
that includes a summary of the auditor’s results relative to the Federal
program in a format consistent with
§ 200.515 Audit reporting, paragraph
(d)(1) and findings and questioned costs
consistent with the requirements of
§ 200.515 Audit reporting, paragraph
(d)(3).
(c) Report submission for program-specific audits. (1) The audit must be completed and the reporting required by
paragraph (c)(2) or (c)(3) of this section
submitted within the earlier of 30 calendar days after receipt of the auditor’s report(s), or nine months after
the end of the audit period, unless a
different period is specified in a program-specific audit guide. Unless restricted by Federal law or regulation,
the auditee must make report copies
available
for
public
inspection.
Auditees and auditors must ensure
that their respective parts of the reporting package do not include protected personally identifiable information.
(2) When a program-specific audit
guide is available, the auditee must
electronically submit to the FAC the
data collection form prepared in accordance with § 200.512 Report submission, paragraph (b), as applicable to a
program-specific audit, and the reporting required by the program-specific
audit guide.
(3) When a program-specific audit
guide is not available, the reporting
package for a program-specific audit
must consist of the financial statement(s) of the Federal program, a summary schedule of prior audit findings,
and a corrective action plan as described in paragraph (b)(2) of this section, and the auditor’s report(s) described in paragraph (b)(4) of this section. The data collection form prepared
in accordance with § 200.512 Report submission, paragraph (b), as applicable to
a program-specific audit, and one copy
of this reporting package must be electronically submitted to the FAC.
(d) Other sections of this part may
apply. Program-specific audits are subject to:
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§ 200.508
2 CFR Ch. II (1–1–14 Edition)
(1) 200.500 Purpose through 200.503 Relation to other audit requirements,
paragraph (d);
(2) 200.504 Frequency of audits
through 200.506 Audit costs;
(3) 200.508 Auditee responsibilities
through 200.509 Auditor selection;
(4) 200.511 Audit findings follow-up;
(5) 200.512 Report submission, paragraphs (e) through (h);
(6) 200.513 Responsibilities;
(7) 200.516 Audit findings through
200.517 Audit documentation;
(8) 200.521 Management decision, and
(9) Other referenced provisions of this
part unless contrary to the provisions
of this section, a program-specific
audit guide, or program statutes and
regulations.
AUDITEES
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§ 200.508 Auditee responsibilities.
The auditee must:
(a) Procure or otherwise arrange for
the audit required by this part in accordance with § 200.509 Auditor selection, and ensure it is properly performed and submitted when due in accordance with § 200.512 Report submission.
(b) Prepare appropriate financial
statements, including the schedule of
expenditures of Federal awards in accordance with § 200.510 Financial statements.
(c) Promptly follow up and take corrective action on audit findings, including preparation of a summary
schedule of prior audit findings and a
corrective action plan in accordance
with § 200.511 Audit findings follow-up,
paragraph (b) and § 200.511 Audit findings follow-up, paragraph (c), respectively.
(d) Provide the auditor with access to
personnel, accounts, books, records,
supporting documentation, and other
information as needed for the auditor
to perform the audit required by this
part.
§ 200.509 Auditor selection.
(a) Auditor procurement. In procuring
audit services, the auditee must follow
the procurement standards prescribed
by the Procurement Standards in
§§ 200.317
Procurement
by
states
through 20.326 Contract provisions of
Subpart D- Post Federal Award Requirements of this part or the FAR (48
CFR part 42), as applicable. When procuring audit services, the objective is
to obtain high-quality audits. In requesting proposals for audit services,
the objectives and scope of the audit
must be made clear and the non-Federal entity must request a copy of the
audit organization’s peer review report
which the auditor is required to provide under GAGAS. Factors to be considered in evaluating each proposal for
audit services include the responsiveness to the request for proposal, relevant experience, availability of staff
with professional qualifications and
technical abilities, the results of peer
and external quality control reviews,
and price. Whenever possible, the
auditee must make positive efforts to
utilize small businesses, minorityowned firms, and women’s business enterprises, in procuring audit services as
stated in § 200.321 Contracting with
small and minority businesses, women’s business enterprises, and labor
surplus area firms, or the FAR (48 CFR
part 42), as applicable.
(b) Restriction on auditor preparing indirect cost proposals. An auditor who
prepares the indirect cost proposal or
cost allocation plan may not also be selected to perform the audit required by
this part when the indirect costs recovered by the auditee during the prior
year exceeded $1 million. This restriction applies to the base year used in
the preparation of the indirect cost
proposal or cost allocation plan and
any subsequent years in which the resulting indirect cost agreement or cost
allocation plan is used to recover costs.
(c) Use of Federal auditors. Federal
auditors may perform all or part of the
work required under this part if they
comply fully with the requirements of
this part.
§ 200.510 Financial statements.
(a) Financial statements. The auditee
must prepare financial statements that
reflect its financial position, results of
operations or changes in net assets,
and, where appropriate, cash flows for
the fiscal year audited. The financial
statements must be for the same organizational unit and fiscal year that is
chosen to meet the requirements of
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§ 200.511
this part. However, non-Federal entitywide financial statements may also include departments, agencies, and other
organizational units that have separate
audits in accordance with § 200.514
Scope of audit, paragraph (a) and prepare separate financial statements.
(b) Schedule of expenditures of Federal
awards. The auditee must also prepare
a schedule of expenditures of Federal
awards for the period covered by the
auditee’s financial statements which
must include the total Federal awards
expended as determined in accordance
with § 200.502 Basis for determining
Federal awards expended. While not required, the auditee may choose to provide information requested by Federal
awarding agencies and pass-through
entities to make the schedule easier to
use. For example, when a Federal program has multiple Federal award
years, the auditee may list the amount
of Federal awards expended for each
Federal award year separately. At a
minimum, the schedule must:
(1) List individual Federal programs
by Federal agency. For a cluster of programs, provide the cluster name, list
individual Federal programs within the
cluster of programs, and provide the
applicable Federal agency name. For
R&D, total Federal awards expended
must be shown either by individual
Federal award or by Federal agency
and major subdivision within the Federal agency. For example, the National
Institutes of Health is a major subdivision in the Department of Health and
Human Services.
(2) For Federal awards received as a
subrecipient, the name of the passthrough entity and identifying number
assigned by the pass-through entity
must be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA number or other
identifying number when the CFDA information is not available. For a cluster of programs also provide the total
for the cluster.
(4) Include the total amount provided
to subrecipients from each Federal program.
(5) For loan or loan guarantee programs described in § 200.502 Basis for
determining Federal awards expended,
paragraph (b), identify in the notes to
the schedule the balances outstanding
at the end of the audit period. This is
in addition to including the total Federal awards expended for loan or loan
guarantee programs in the schedule.
(6) Include notes that describe that
significant accounting policies used in
preparing the schedule, and note
whether or not the non-Federal entity
elected to use the 10% de minimis cost
rate as covered in § 200.414 Indirect
(F&A) costs.
§ 200.511 Audit findings follow-up.
(a) General. The auditee is responsible
for follow-up and corrective action on
all audit findings. As part of this responsibility, the auditee must prepare
a summary schedule of prior audit findings. The auditee must also prepare a
corrective action plan for current year
audit findings. The summary schedule
of prior audit findings and the corrective action plan must include the reference numbers the auditor assigns to
audit findings under § 200.516 Audit
findings, paragraph (c). Since the summary schedule may include audit findings from multiple years, it must include the fiscal year in which the finding initially occurred. The corrective
action plan and summary schedule of
prior audit findings must include findings relating to the financial statements which are required to be reported in accordance with GAGAS.
(b) Summary schedule of prior audit
findings. The summary schedule of
prior audit findings must report the
status of all audit findings included in
the prior audit’s schedule of findings
and questioned costs. The summary
schedule must also include audit findings reported in the prior audit’s summary schedule of prior audit findings
except audit findings listed as corrected in accordance with paragraph
(b)(1) of this section, or no longer valid
or not warranting further action in accordance with paragraph (b)(3) of this
section.
(1) When audit findings were fully
corrected, the summary schedule need
only list the audit findings and state
that corrective action was taken.
(2) When audit findings were not corrected or were only partially corrected,
the summary schedule must describe
the reasons for the finding’s recurrence
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§ 200.512
2 CFR Ch. II (1–1–14 Edition)
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and planned corrective action, and any
partial corrective action taken. When
corrective action taken is significantly
different from corrective action previously reported in a corrective action
plan or in the Federal agency’s or passthrough entity’s management decision,
the summary schedule must provide an
explanation.
(3) When the auditee believes the
audit findings are no longer valid or do
not warrant further action, the reasons
for this position must be described in
the summary schedule. A valid reason
for considering an audit finding as not
warranting further action is that all of
the following have occurred:
(i) Two years have passed since the
audit report in which the finding occurred was submitted to the FAC;
(ii) The Federal agency or passthrough entity is not currently following up with the auditee on the audit
finding; and
(iii) A management decision was not
issued.
(c) Corrective action plan. At the completion of the audit, the auditee must
prepare, in a document separate from
the auditor’s findings described in
§ 200.516 Audit findings, a corrective action plan to address each audit finding
included in the current year auditor’s
reports. The corrective action plan
must provide the name(s) of the contact person(s) responsible for corrective action, the corrective action
planned, and the anticipated completion date. If the auditee does not agree
with the audit findings or believes corrective action is not required, then the
corrective action plan must include an
explanation and specific reasons.
§ 200.512 Report submission.
(a) General. (1) The audit must be
completed and the data collection form
described in paragraph (b) of this section and reporting package described in
paragraph (c) of this section must be
submitted within the earlier of 30 calendar days after receipt of the auditor’s report(s), or nine months after
the end of the audit period. If the due
date falls on a Saturday, Sunday, or
Federal holiday, the reporting package
is due the next business day.
(2) Unless restricted by Federal statutes or regulations, the auditee must
make copies available for public inspection. Auditees and auditors must
ensure that their respective parts of
the reporting package do not include
protected personally identifiable information.
(b) Data Collection. The FAC is the repository of record for Subpart F—Audit
Requirements of this part reporting
packages and the data collection form.
All Federal agencies, pass-through entities and others interested in a reporting package and data collection form
must obtain it by accessing the FAC.
(1) The auditee must submit required
data elements described in Appendix X
to Part 200—Data Collection Form
(Form SF–SAC), which state whether
the audit was completed in accordance
with this part and provides information about the auditee, its Federal programs, and the results of the audit.
The data must include information
available from the audit required by
this part that is necessary for Federal
agencies to use the audit to ensure integrity for Federal programs. The data
elements and format must be approved
by OMB, available from the FAC, and
include collections of information from
the reporting package described in
paragraph (c) of this section. A senior
level representative of the auditee
(e.g., state controller, director of finance, chief executive officer, or chief
financial officer) must sign a statement to be included as part of the data
collection that says that the auditee
complied with the requirements of this
part, the data were prepared in accordance with this part (and the instructions accompanying the form), the reporting package does not include protected personally identifiable information, the information included in its
entirety is accurate and complete, and
that the FAC is authorized to make the
reporting package and the form publicly available on a Web site.
(2) Exception for Indian Tribes. An
auditee that is an Indian tribe may opt
not to authorize the FAC to make the
reporting package publicly available
on a Web site, by excluding the authorization for the FAC publication in the
statement described in paragraph (b)(1)
of this section. If this option is exercised, the auditee becomes responsible
for submitting the reporting package
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§ 200.513
directly to any pass-through entities
through which it has received a Federal award and to pass-through entities
for which the summary schedule of
prior audit findings reported the status
of any findings related to Federal
awards that the pass-through entity
provided. Unless restricted by Federal
statute or regulation, if the auditee
opts not to authorize publication, it
must make copies of the reporting
package available for public inspection.
(3) Using the information included in
the reporting package described in
paragraph (c) of this section, the auditor must complete the applicable data
elements of the data collection form.
The auditor must sign a statement to
be included as part of the data collection form that indicates, at a minimum, the source of the information
included in the form, the auditor’s responsibility for the information, that
the form is not a substitute for the reporting package described in paragraph
(c) of this section, and that the content
of the form is limited to the collection
of information prescribed by OMB.
(c) Reporting package. The reporting
package must include the:
(1) Financial statements and schedule of expenditures of Federal awards
discussed in § 200.510 Financial statements, paragraphs (a) and (b), respectively;
(2) Summary schedule of prior audit
findings discussed in § 200.511 Audit
findings follow-up, paragraph (b);
(3) Auditor’s report(s) discussed in
§ 200.515 Audit reporting; and
(4) Corrective action plan discussed
in § 200.511 Audit findings follow-up,
paragraph (c).
(d) Submission to FAC. The auditee
must electronically submit to the FAC
the data collection form described in
paragraph (b) of this section and the
reporting package described in paragraph (c) of this section.
(e) Requests for management letters
issued by the auditor. In response to requests by a Federal agency or passthrough entity, auditees must submit a
copy of any management letters issued
by the auditor.
(f) Report retention requirements.
Auditees must keep one copy of the
data collection form described in para-
graph (b) of this section and one copy
of the reporting package described in
paragraph (c) of this section on file for
three years from the date of submission to the FAC.
(g) FAC responsibilities. The FAC must
make available the reporting packages
received in accordance with paragraph
(c) of this section and § 200.507 Program-specific audits, paragraph (c) to
the public, except for Indian tribes exercising the option in (b)(2) of this section, and maintain a data base of completed audits, provide appropriate information to Federal agencies, and follow up with known auditees that have
not submitted the required data collection forms and reporting packages.
(h) Electronic filing. Nothing in this
part must preclude electronic submissions to the FAC in such manner as
may be approved by OMB.
FEDERAL AGENCIES
§ 200.513
Responsibilities.
(a)(1) Cognizant agency for audit responsibilities. A non-Federal entity expending more than $50 million a year in
Federal awards must have a cognizant
agency for audit. The designated cognizant agency for audit must be the
Federal awarding agency that provides
the predominant amount of direct
funding to a non-Federal entity unless
OMB designates a specific cognizant
agency for audit.
(2) To provide for continuity of cognizance, the determination of the predominant amount of direct funding
must be based upon direct Federal
awards expended in the non-Federal entity’s fiscal years ending in 2009, 2014,
2019 and every fifth year thereafter.
For example, audit cognizance for periods ending in 2011 through 2015 will be
determined based on Federal awards
expended in 2009.
(3) Notwithstanding the manner in
which audit cognizance is determined,
a Federal awarding agency with cognizance for an auditee may reassign
cognizance to another Federal awarding agency that provides substantial
funding and agrees to be the cognizant
agency for audit. Within 30 calendar
days after any reassignment, both the
old and the new cognizant agency for
audit must provide notice of the
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§ 200.513
2 CFR Ch. II (1–1–14 Edition)
change to the FAC, the auditee, and, if
known, the auditor. The cognizant
agency for audit must:
(i) Provide technical audit advice and
liaison assistance to auditees and auditors.
(ii) Obtain or conduct quality control
reviews on selected audits made by
non-Federal auditors, and provide the
results to other interested organizations. Cooperate and provide support to
the Federal agency designated by OMB
to lead a governmentwide project to
determine the quality of single audits
by providing a statistically reliable estimate of the extent that single audits
conform to applicable requirements,
standards, and procedures; and to make
recommendations to address noted
audit quality issues, including recommendations for any changes to applicable requirements, standards and
procedures indicated by the results of
the project. This governmentwide audit
quality project must be performed once
every 6 years beginning in 2018 or at
such other interval as determined by
OMB, and the results must be public.
(iii) Promptly inform other affected
Federal agencies and appropriate Federal law enforcement officials of any
direct reporting by the auditee or its
auditor required by GAGAS or statutes
and regulations.
(iv) Advise the community of independent auditors of any noteworthy or
important factual trends related to the
quality of audits stemming from quality control reviews. Significant problems or quality issues consistently
identified through quality control reviews of audit reports must be referred
to appropriate state licensing agencies
and professional bodies.
(v) Advise the auditor, Federal
awarding agencies, and, where appropriate, the auditee of any deficiencies
found in the audits when the deficiencies require corrective action by
the auditor. When advised of deficiencies, the auditee must work with
the auditor to take corrective action.
If corrective action is not taken, the
cognizant agency for audit must notify
the auditor, the auditee, and applicable
Federal awarding agencies and passthrough entities of the facts and make
recommendations for follow-up action.
Major inadequacies or repetitive sub-
standard performance by auditors must
be referred to appropriate state licensing agencies and professional bodies for
disciplinary action.
(vi) Coordinate, to the extent practical, audits or reviews made by or for
Federal agencies that are in addition
to the audits made pursuant to this
part, so that the additional audits or
reviews build upon rather than duplicate audits performed in accordance
with this part.
(vii) Coordinate a management decision for cross-cutting audit findings (as
defined in § 200.30 Cross-cutting audit
finding) that affect the Federal programs of more than one agency when
requested by any Federal awarding
agency whose awards are included in
the audit finding of the auditee.
(viii) Coordinate the audit work and
reporting responsibilities among auditors to achieve the most cost-effective
audit.
(ix) Provide advice to auditees as to
how to handle changes in fiscal years.
(b) Oversight agency for audit responsibilities. An auditee who does not
have a designated cognizant agency for
audit will be under the general oversight of the Federal agency determined
in accordance with § 200.73 Oversight
agency for audit. A Federal agency
with oversight for an auditee may reassign oversight to another Federal agency that agrees to be the oversight
agency for audit. Within 30 calendar
days after any reassignment, both the
old and the new oversight agency for
audit must provide notice of the
change to the FAC, the auditee, and, if
known, the auditor. The oversight
agency for audit:
(1) Must provide technical advice to
auditees and auditors as requested.
(2) May assume all or some of the responsibilities normally performed by a
cognizant agency for audit.
(c) Federal awarding agency responsibilities. The Federal awarding agency
must perform the following for the
Federal awards it makes (See also the
requirements of § 200.210 Information
contained in a Federal award):
(1) Ensure that audits are completed
and reports are received in a timely
manner and in accordance with the requirements of this part.
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§ 200.514
(2) Provide technical advice and
counsel to auditees and auditors as requested.
(3) Follow-up on audit findings to ensure that the recipient takes appropriate and timely corrective action. As
part of audit follow-up, the Federal
awarding agency must:
(i) Issue a management decision as
prescribed in § 200.521 Management decision;
(ii) Monitor the recipient taking appropriate and timely corrective action;
(iii) Use cooperative audit resolution
mechanisms (see § 200.25 Cooperative
audit resolution) to improve Federal
program outcomes through better
audit resolution, follow-up, and corrective action; and
(iv) Develop a baseline, metrics, and
targets to track, over time, the effectiveness of the Federal agency’s process to follow-up on audit findings and
on the effectiveness of Single Audits in
improving non-Federal entity accountability and their use by Federal awarding agencies in making award decisions.
(4) Provide OMB annual updates to
the compliance supplement and work
with OMB to ensure that the compliance supplement focuses the auditor to
test the compliance requirements most
likely to cause improper payments,
fraud, waste, abuse or generate audit
finding for which the Federal awarding
agency will take sanctions.
(5) Provide OMB with the name of a
single audit accountable official from
among the senior policy officials of the
Federal awarding agency who must be:
(i) Responsible for ensuring that the
agency fulfills all the requirement of
§ 200.513 Responsibilities and effectively
uses the single audit process to reduce
improper payments and improve Federal program outcomes.
(ii) Held accountable to improve the
effectiveness of the single audit process
based upon metrics as described in
paragraph (c)(3)(iv) of this section.
(iii) Responsible for designating the
Federal agency’s key management single audit liaison.
(6) Provide OMB with the name of a
key management single audit liaison
who must:
(i) Serve as the Federal awarding
agency’s management point of contact
for the single audit process both within
and outside the Federal government.
(ii) Promote interagency coordination, consistency, and sharing in areas
such as coordinating audit follow-up;
identifying higher-risk non-Federal entities; providing input on single audit
and follow-up policy; enhancing the
utility of the FAC; and studying ways
to use single audit results to improve
Federal award accountability and best
practices.
(iii) Oversee training for the Federal
awarding agency’s program management personnel related to the single
audit process.
(iv) Promote the Federal awarding
agency’s use of cooperative audit resolution mechanisms.
(v) Coordinate the Federal awarding
agency’s activities to ensure appropriate and timely follow-up and corrective action on audit findings.
(vi) Organize the Federal cognizant
agency for audit’s follow-up on crosscutting audit findings that affect the
Federal programs of more than one
Federal awarding agency.
(vii) Ensure the Federal awarding
agency provides annual updates of the
compliance supplement to OMB.
(viii) Support the Federal awarding
agency’s single audit accountable official’s mission.
AUDITORS
§ 200.514
Scope of audit.
(a) General. The audit must be conducted in accordance with GAGAS. The
audit must cover the entire operations
of the auditee, or, at the option of the
auditee, such audit must include a series of audits that cover departments,
agencies, and other organizational
units that expended or otherwise administered Federal awards during such
audit period, provided that each such
audit must encompass the financial
statements and schedule of expenditures of Federal awards for each such
department, agency, and other organizational unit, which must be considered to be a non-Federal entity. The financial statements and schedule of expenditures of Federal awards must be
for the same audit period.
(b) Financial statements. The auditor
must determine whether the financial
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§ 200.515
2 CFR Ch. II (1–1–14 Edition)
statements of the auditee are presented
fairly in all material respects in accordance with generally accepted accounting principles. The auditor must
also determine whether the schedule of
expenditures of Federal awards is stated fairly in all material respects in relation to the auditee’s financial statements as a whole.
(c) Internal control. (1) The compliance supplement provides guidance on
internal controls over Federal programs based upon the guidance in
Standards for Internal Control in the
Federal Government issued by the
Comptroller General of the United
States and the Internal Control—Integrated Framework, issued by the Committee of Sponsoring Organizations of
the Treadway Commission (COSO).
(2) In addition to the requirements of
GAGAS, the auditor must perform procedures to obtain an understanding of
internal control over Federal programs
sufficient to plan the audit to support
a low assessed level of control risk of
noncompliance for major programs.
(3) Except as provided in paragraph
(c)(4) of this section, the auditor must:
(i) Plan the testing of internal control over compliance for major programs to support a low assessed level
of control risk for the assertions relevant to the compliance requirements
for each major program; and
(ii) Perform testing of internal control as planned in paragraph (c)(3)(i) of
this section.
(4) When internal control over some
or all of the compliance requirements
for a major program are likely to be ineffective in preventing or detecting
noncompliance, the planning and performing of testing described in paragraph (c)(3) of this section are not required for those compliance requirements. However, the auditor must report a significant deficiency or material weakness in accordance with
§ 200.516 Audit findings, assess the related control risk at the maximum,
and consider whether additional compliance tests are required because of
ineffective internal control.
(d) Compliance. (1) In addition to the
requirements of GAGAS, the auditor
must determine whether the auditee
has complied with Federal statutes,
regulations, and the terms and condi-
tions of Federal awards that may have
a direct and material effect on each of
its major programs.
(2) The principal compliance requirements applicable to most Federal programs and the compliance requirements of the largest Federal programs
are included in the compliance supplement.
(3) For the compliance requirements
related to Federal programs contained
in the compliance supplement, an audit
of these compliance requirements will
meet the requirements of this part.
Where there have been changes to the
compliance requirements and the
changes are not reflected in the compliance supplement, the auditor must
determine the current compliance requirements and modify the audit procedures accordingly. For those Federal
programs not covered in the compliance supplement, the auditor should
follow the compliance supplement’s
guidance for programs not included in
the supplement.
(4) The compliance testing must include tests of transactions and such
other auditing procedures necessary to
provide the auditor sufficient appropriate audit evidence to support an
opinion on compliance.
(e) Audit follow-up. The auditor must
follow-up on prior audit findings, perform procedures to assess the reasonableness of the summary schedule of
prior audit findings prepared by the
auditee in accordance with § 200.511
Audit findings follow-up paragraph (b),
and report, as a current year audit
finding, when the auditor concludes
that the summary schedule of prior
audit findings materially misrepresents the status of any prior audit finding. The auditor must perform audit
follow-up procedures regardless of
whether a prior audit finding relates to
a major program in the current year.
(f) Data Collection Form. As required
in § 200.512 Report submission paragraph (b)(3), the auditor must complete
and sign specified sections of the data
collection form.
§ 200.515
Audit reporting.
The auditor’s report(s) may be in the
form of either combined or separate reports and may be organized differently
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§ 200.515
from the manner presented in this section. The auditor’s report(s) must state
that the audit was conducted in accordance with this part and include the
following:
(a) An opinion (or disclaimer of opinion) as to whether the financial statements are presented fairly in all material respects in accordance with generally accepted accounting principles
and an opinion (or disclaimer of opinion) as to whether the schedule of expenditures of Federal awards is fairly
stated in all material respects in relation to the financial statements as a
whole.
(b) A report on internal control over
financial reporting and compliance
with Federal statutes, regulations, and
the terms and conditions of the Federal
award, noncompliance with which
could have a material effect on the financial statements. This report must
describe the scope of testing of internal
control and compliance and the results
of the tests, and, where applicable, it
will refer to the separate schedule of
findings and questioned costs described
in paragraph (d) of this section.
(c) A report on compliance for each
major program and report and internal
control over compliance. This report
must describe the scope of testing of
internal control over compliance, include an opinion or modified opinion as
to whether the auditee complied with
Federal statutes, regulations, and the
terms and conditions of Federal awards
which could have a direct and material
effect on each major program and refer
to the separate schedule of findings and
questioned costs described in paragraph (d) of this section.
(d) A schedule of findings and questioned costs which must include the
following three components:
(1) A summary of the auditor’s results, which must include:
(i) The type of report the auditor
issued on whether the financial statements audited were prepared in accordance with GAAP (i.e., unmodified opinion, qualified opinion, adverse opinion,
or disclaimer of opinion);
(ii) Where applicable, a statement
about whether significant deficiencies
or material weaknesses in internal control were disclosed by the audit of the
financial statements;
(iii) A statement as to whether the
audit disclosed any noncompliance
that is material to the financial statements of the auditee;
(iv) Where applicable, a statement
about whether significant deficiencies
or material weaknesses in internal control over major programs were disclosed by the audit;
(v) The type of report the auditor
issued on compliance for major programs (i.e., unmodified opinion, qualified opinion, adverse opinion, or disclaimer of opinion);
(vi) A statement as to whether the
audit disclosed any audit findings that
the auditor is required to report under
§ 200.516 Audit findings paragraph (a);
(vii) An identification of major programs by listing each individual major
program; however in the case of a cluster of programs only the cluster name
as shown on the Schedule of Expenditures of Federal Awards is required;
(viii) The dollar threshold used to
distinguish between Type A and Type B
programs, as described in § 200.518
Major program determination paragraph (b)(1), or (b)(3) when a recalculation of the Type A threshold is required for large loan or loan guarantees; and
(ix) A statement as to whether the
auditee qualified as a low-risk auditee
under § 200.520 Criteria for a low-risk
auditee.
(2) Findings relating to the financial
statements which are required to be reported in accordance with GAGAS.
(3) Findings and questioned costs for
Federal awards which must include
audit findings as defined in § 200.516
Audit findings, paragraph (a).
(i) Audit findings (e.g., internal control findings, compliance findings,
questioned costs, or fraud) that relate
to the same issue should be presented
as a single audit finding. Where practical, audit findings should be organized by Federal agency or passthrough entity.
(ii) Audit findings that relate to both
the financial statements and Federal
awards, as reported under paragraphs
(d)(2) and (d)(3) of this section, respectively, should be reported in both sections of the schedule. However, the reporting in one section of the schedule
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§ 200.516
2 CFR Ch. II (1–1–14 Edition)
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may be in summary form with a reference to a detailed reporting in the
other section of the schedule.
(e) Nothing in this part precludes
combining of the audit reporting required by this section with the reporting required by § 200.512 Report submission, paragraph (b) Data Collection
when allowed by GAGAS and Appendix
X to Part 200—Data Collection Form
(Form SF–SAC).
§ 200.516 Audit findings.
(a) Audit findings reported. The auditor must report the following as audit
findings in a schedule of findings and
questioned costs:
(1) Significant deficiencies and material weaknesses in internal control
over major programs and significant
instances of abuse relating to major
programs. The auditor’s determination
of whether a deficiency in internal control is a significant deficiency or material weakness for the purpose of reporting an audit finding is in relation to a
type of compliance requirement for a
major program identified in the Compliance Supplement.
(2) Material noncompliance with the
provisions of Federal statutes, regulations, or the terms and conditions of
Federal awards related to a major program. The auditor’s determination of
whether a noncompliance with the provisions of Federal statutes, regulations, or the terms and conditions of
Federal awards is material for the purpose of reporting an audit finding is in
relation to a type of compliance requirement for a major program identified in the compliance supplement.
(3) Known questioned costs that are
greater than $25,000 for a type of compliance requirement for a major program. Known questioned costs are
those specifically identified by the
auditor. In evaluating the effect of
questioned costs on the opinion on
compliance, the auditor considers the
best estimate of total costs questioned
(likely questioned costs), not just the
questioned costs specifically identified
(known questioned costs). The auditor
must also report known questioned
costs when likely questioned costs are
greater than $25,000 for a type of compliance requirement for a major program. In reporting questioned costs,
the auditor must include information
to provide proper perspective for judging the prevalence and consequences of
the questioned costs.
(4) Known questioned costs that are
greater than $25,000 for a Federal program which is not audited as a major
program. Except for audit follow-up,
the auditor is not required under this
part to perform audit procedures for
such a Federal program; therefore, the
auditor will normally not find questioned costs for a program that is not
audited as a major program. However,
if the auditor does become aware of
questioned costs for a Federal program
that is not audited as a major program
(e.g., as part of audit follow-up or other
audit procedures) and the known questioned costs are greater than $25,000,
then the auditor must report this as an
audit finding.
(5) The circumstances concerning
why the auditor’s report on compliance
for each major program is other than
an unmodified opinion, unless such circumstances are otherwise reported as
audit findings in the schedule of findings and questioned costs for Federal
awards.
(6) Known or likely fraud affecting a
Federal award, unless such fraud is
otherwise reported as an audit finding
in the schedule of findings and questioned costs for Federal awards. This
paragraph does not require the auditor
to report publicly information which
could compromise investigative or
legal proceedings or to make an additional reporting when the auditor confirms that the fraud was reported outside the auditor’s reports under the direct reporting requirements of GAGAS.
(7) Instances where the results of
audit follow-up procedures disclosed
that the summary schedule of prior
audit findings prepared by the auditee
in accordance with § 200.511 Audit findings follow-up, paragraph (b) materially misrepresents the status of any
prior audit finding.
(b) Audit finding detail and clarity.
Audit findings must be presented in
sufficient detail and clarity for the
auditee to prepare a corrective action
plan and take corrective action, and
for Federal agencies and pass-through
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§ 200.517
entities to arrive at a management decision. The following specific information must be included, as applicable, in
audit findings:
(1) Federal program and specific Federal award identification including the
CFDA title and number, Federal award
identification number and year, name
of Federal agency, and name of the applicable pass-through entity. When information, such as the CFDA title and
number or Federal award identification
number, is not available, the auditor
must provide the best information
available to describe the Federal
award.
(2) The criteria or specific requirement upon which the audit finding is
based, including the Federal statutes,
regulations, or the terms and conditions of the Federal awards. Criteria
generally identify the required or desired state or expectation with respect
to the program or operation. Criteria
provide a context for evaluating evidence and understanding findings.
(3) The condition found, including
facts that support the deficiency identified in the audit finding.
(4) A statement of cause that identifies the reason or explanation for the
condition or the factors responsible for
the difference between the situation
that exists (condition) and the required
or desired state (criteria), which may
also serve as a basis for recommendations for corrective action.
(5) The possible asserted effect to
provide sufficient information to the
auditee and Federal agency, or passthrough entity in the case of a subrecipient, to permit them to determine
the cause and effect to facilitate
prompt and proper corrective action. A
statement of the effect or potential effect should provide a clear, logical link
to establish the impact or potential
impact of the difference between the
condition and the criteria.
(6) Identification of questioned costs
and how they were computed. Known
questioned costs must be identified by
applicable CFDA number(s) and applicable Federal award identification
number(s).
(7) Information to provide proper perspective for judging the prevalence and
consequences of the audit findings,
such as whether the audit findings rep-
resent an isolated instance or a systemic problem. Where appropriate, instances identified must be related to
the universe and the number of cases
examined and be quantified in terms of
dollar value. The auditor should report
whether the sampling was a statistically valid sample.
(8) Identification of whether the
audit finding was a repeat of a finding
in the immediately prior audit and if
so any applicable prior year audit finding numbers.
(9) Recommendations to prevent future occurrences of the deficiency identified in the audit finding.
(10) Views of responsible officials of
the auditee.
(c) Reference numbers. Each audit
finding in the schedule of findings and
questioned costs must include a reference number in the format meeting
the requirements of the data collection
form submission required by § 200.512
Report submission, paragraph (b) to
allow for easy referencing of the audit
findings during follow-up.
§ 200.517 Audit documentation.
(a) Retention of audit documentation.
The auditor must retain audit documentation and reports for a minimum
of three years after the date of
issuance of the auditor’s report(s) to
the auditee, unless the auditor is notified in writing by the cognizant agency
for audit, oversight agency for audit,
cognizant agency for indirect costs, or
pass-through entity to extend the retention period. When the auditor is
aware that the Federal agency, passthrough entity, or auditee is contesting an audit finding, the auditor
must contact the parties contesting
the audit finding for guidance prior to
destruction of the audit documentation
and reports.
(b) Access to audit documentation.
Audit documentation must be made
available upon request to the cognizant
or oversight agency for audit or its designee, cognizant agency for indirect
cost, a Federal agency, or GAO at the
completion of the audit, as part of a
quality review, to resolve audit findings, or to carry out oversight responsibilities consistent with the purposes
of this part. Access to audit documentation includes the right of Federal
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§ 200.518
2 CFR Ch. II (1–1–14 Edition)
agencies to obtain copies of audit documentation, as is reasonable and necessary.
§ 200.518 Major program determination.
(a) General. The auditor must use a
risk-based approach to determine
which Federal programs are major programs. This risk-based approach must
include consideration of: current and
prior audit experience, oversight by
Federal agencies and pass-through entities, and the inherent risk of the Federal program. The process in paragraphs (b) through (i) of this section
must be followed.
(b) Step one.(1) The auditor must
identify the larger Federal programs,
which must be labeled Type A programs. Type A programs are defined as
Federal programs with Federal awards
expended during the audit period exceeding the levels outlined in the table
in this paragraph (b)(1):
Total Federal awards expended
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Equal to $750,000 but less
than or equal to $25 million.
Exceed $25 million but less
than or equal to $100 million.
Exceed $100 million but less
than or equal to $1 billion.
Exceed $1 billion but less
than or equal to $10 billion.
Exceed $10 billion but less
than or equal to $20 billion.
Exceed $20 billion .................
Type A/B threshold
$750,000.
Total Federal awards expended times .03.
$3 million.
Total Federal awards expended times .003.
$30 million.
Total Federal awards expended times .0015.
(2) Federal programs not labeled
Type A under paragraph (b)(1) of this
section must be labeled Type B programs.
(3) The inclusion of large loan and
loan guarantees (loans) should not result in the exclusion of other programs
as Type A programs. When a Federal
program providing loans exceeds four
times the largest non-loan program it
is considered a large loan program, and
the auditor must consider this Federal
program as a Type A program and exclude its values in determining other
Type A programs. This recalculation of
the Type A program is performed after
removing the total of all large loan
programs. For the purposes of this
paragraph a program is only considered
to be a Federal program providing
loans if the value of Federal awards expended for loans within the program
comprises fifty percent or more of the
total Federal awards expended for the
program. A cluster of programs is
treated as one program and the value
of Federal awards expended under a
loan program is determined as described in § 200.502 Basis for determining Federal awards expended.
(4) For biennial audits permitted
under § 200.504 Frequency of audits, the
determination of Type A and Type B
programs must be based upon the Federal awards expended during the twoyear period.
(c) Step two. (1) The auditor must
identify Type A programs which are
low-risk. In making this determination, the auditor must consider whether the requirements in § 200.519 Criteria
for Federal program risk paragraph (c),
the results of audit follow-up, or any
changes in personnel or systems affecting the program indicate significantly
increased risk and preclude the program from being low risk. For a Type
A program to be considered low-risk, it
must have been audited as a major program in at least one of the two most
recent audit periods (in the most recent audit period in the case of a biennial audit), and, in the most recent
audit period, the program must have
not had:
(i) Internal control deficiencies
which were identified as material
weaknesses in the auditor’s report on
internal control for major programs as
required under § 200.515 Audit reporting, paragraph (c);
(ii) A modified opinion on the program in the auditor’s report on major
programs as required under § 200.515
Audit reporting, paragraph (c); or
(iii) Known or likely questioned costs
that exceed five percent of the total
Federal awards expended for the program.
(2) Notwithstanding paragraph (c)(1)
of this section, OMB may approve a
Federal awarding agency’s request that
a Type A program may not be considered low risk for a certain recipient.
For example, it may be necessary for a
large Type A program to be audited as
a major program each year at a particular recipient to allow the Federal
awarding agency to comply with 31
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§ 200.519
U.S.C. 3515. The Federal awarding
agency must notify the recipient and,
if known, the auditor of OMB’s approval at least 180 calendar days prior
to the end of the fiscal year to be audited.
(d) Step three. (1) The auditor must
identify Type B programs which are
high-risk using professional judgment
and the criteria in § 200.519 Criteria for
Federal program risk. However, the
auditor is not required to identify more
high-risk Type B programs than at
least one fourth the number of low-risk
Type A programs identified as low-risk
under Step 2 (paragraph (c) of this section). Except for known material weakness in internal control or compliance
problems as discussed in § 200.519 Criteria for Federal program risk paragraphs (b)(1), (b)(2), and (c)(1), a single
criteria in risk would seldom cause a
Type B program to be considered highrisk. When identifying which Type B
programs to risk assess, the auditor is
encouraged to use an approach which
provides an opportunity for different
high-risk Type B programs to be audited as major over a period of time.
(2) The auditor is not expected to perform risk assessments on relatively
small Federal programs. Therefore, the
auditor is only required to perform risk
assessments on Type B programs that
exceed twenty-five percent (0.25) of the
Type A threshold determined in Step 1
(paragraph (b) of this section).
(e) Step four. At a minimum, the
auditor must audit all of the following
as major programs:
(1) All Type A programs not identified as low risk under step two (paragraph (c)(1) of this section).
(2) All Type B programs identified as
high-risk under step three (paragraph
(d) of this section).
(3) Such additional programs as may
be necessary to comply with the percentage of coverage rule discussed in
paragraph (f) of this section. This may
require the auditor to audit more programs as major programs than the
number of Type A programs.
(f) Percentage of coverage rule. If the
auditee meets the criteria in § 200.520
Criteria for a low-risk auditee, the
auditor need only audit the major programs identified in Step 4 (paragraph
(e)(1) and (2) of this section) and such
additional Federal programs with Federal awards expended that, in aggregate, all major programs encompass at
least 20 percent (0.20) of total Federal
awards expended. Otherwise, the auditor must audit the major programs
identified in Step 4 (paragraphs (e)(1)
and (2) of this section) and such additional Federal programs with Federal
awards expended that, in aggregate, all
major programs encompass at least 40
percent (0.40) of total Federal awards
expended.
(g) Documentation of risk. The auditor
must include in the audit documentation the risk analysis process used in
determining major programs.
(h) Auditor’s judgment. When the
major program determination was performed and documented in accordance
with this Subpart, the auditor’s judgment in applying the risk-based approach to determine major programs
must be presumed correct. Challenges
by Federal agencies and pass-through
entities must only be for clearly improper use of the requirements in this
part. However, Federal agencies and
pass-through entities may provide
auditors guidance about the risk of a
particular Federal program and the
auditor must consider this guidance in
determining major programs in audits
not yet completed.
§ 200.519
risk.
Criteria for Federal program
(a) General. The auditor’s determination should be based on an overall evaluation of the risk of noncompliance occurring that could be material to the
Federal program. The auditor must
consider criteria, such as described in
paragraphs (b), (c), and (d) of this section, to identify risk in Federal programs. Also, as part of the risk analysis, the auditor may wish to discuss a
particular
Federal
program
with
auditee management and the Federal
agency or pass-through entity.
(b) Current and prior audit experience.
(1) Weaknesses in internal control over
Federal programs would indicate higher risk. Consideration should be given
to the control environment over Federal programs and such factors as the
expectation of management’s adherence to Federal statutes, regulations,
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§ 200.520
2 CFR Ch. II (1–1–14 Edition)
and the terms and conditions of Federal awards and the competence and
experience of personnel who administer
the Federal programs.
(i) A Federal program administered
under multiple internal control structures may have higher risk. When assessing risk in a large single audit, the
auditor must consider whether weaknesses are isolated in a single operating unit (e.g., one college campus) or
pervasive throughout the entity.
(ii) When significant parts of a Federal program are passed through to
subrecipients, a weak system for monitoring subrecipients would indicate
higher risk.
(2) Prior audit findings would indicate higher risk, particularly when the
situations identified in the audit findings could have a significant impact on
a Federal program or have not been
corrected.
(3) Federal programs not recently audited as major programs may be of
higher risk than Federal programs recently audited as major programs without audit findings.
(c) Oversight exercised by Federal agencies and pass-through entities. (1) Oversight exercised by Federal agencies or
pass-through entities could be used to
assess risk. For example, recent monitoring or other reviews performed by
an oversight entity that disclosed no
significant problems would indicate
lower risk, whereas monitoring that
disclosed significant problems would
indicate higher risk.
(2) Federal agencies, with the concurrence of OMB, may identify Federal
programs that are higher risk. OMB
will provide this identification in the
compliance supplement.
(d) Inherent risk of the Federal program. (1) The nature of a Federal program may indicate risk. Consideration
should be given to the complexity of
the program and the extent to which
the Federal program contracts for
goods and services. For example, Federal programs that disburse funds
through third party contracts or have
eligibility criteria may be of higher
risk. Federal programs primarily involving staff payroll costs may have
high risk for noncompliance with requirements of § 200.430 Compensation—
personal services, but otherwise be at
low risk.
(2) The phase of a Federal program in
its life cycle at the Federal agency
may indicate risk. For example, a new
Federal program with new or interim
regulations may have higher risk than
an established program with time-tested
regulations.
Also,
significant
changes in Federal programs, statutes,
regulations, or the terms and conditions of Federal awards may increase
risk.
(3) The phase of a Federal program in
its life cycle at the auditee may indicate risk. For example, during the first
and last years that an auditee participates in a Federal program, the risk
may be higher due to start-up or closeout of program activities and staff.
(4) Type B programs with larger Federal awards expended would be of higher risk than programs with substantially smaller Federal awards expended.
§ 200.520 Criteria
auditee.
for
a
An auditee that meets all of the following conditions for each of the preceding two audit periods must qualify
as a low-risk auditee and be eligible for
reduced audit coverage in accordance
with § 200.518 Major program determination.
(a) Single audits were performed on
an annual basis in accordance with the
provisions of this Subpart, including
submitting the data collection form
and the reporting package to the FAC
within the timeframe specified in
§ 200.512 Report submission. A non-Federal entity that has biennial audits
does not qualify as a low-risk auditee.
(b) The auditor’s opinion on whether
the financial statements were prepared
in accordance with GAAP, or a basis of
accounting required by state law, and
the auditor’s in relation to opinion on
the schedule of expenditures of Federal
awards were unmodified.
(c) There were no deficiencies in internal control which were identified as
material weaknesses under the requirements of GAGAS.
(d) The auditor did not report a substantial doubt about the auditee’s ability to continue as a going concern.
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Pt. 200, App. I
(e) None of the Federal programs had
audit findings from any of the following in either of the preceding two
audit periods in which they were classified as Type A programs:
(1) Internal control deficiencies that
were identified as material weaknesses
in the auditor’s report on internal control for major programs as required
under § 200.515 Audit reporting, paragraph (c);
(2) A modified opinion on a major
program in the auditor’s report on
major programs as required under
§ 200.515 Audit reporting, paragraph (c);
or
(3) Known or likely questioned costs
that exceeded five percent of the total
Federal awards expended for a Type A
program during the audit period.
MANAGEMENT DECISIONS
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§ 200.521
Management decision.
(a) General. The management decision must clearly state whether or not
the audit finding is sustained, the reasons for the decision, and the expected
auditee action to repay disallowed
costs, make financial adjustments, or
take other action. If the auditee has
not completed corrective action, a
timetable for follow-up should be
given. Prior to issuing the management decision, the Federal agency or
pass-through entity may request additional information or documentation
from the auditee, including a request
for auditor assurance related to the
documentation, as a way of mitigating
disallowed costs. The management decision should describe any appeal process available to the auditee. While not
required, the Federal agency or passthrough entity may also issue a management decision on findings relating
to the financial statements which are
required to be reported in accordance
with GAGAS.
(b) Federal agency. As provided in
§ 200.513 Responsibilities, paragraph
(a)(7), the cognizant agency for audit
must be responsible for coordinating a
management decision for audit findings that affect the programs of more
than one Federal agency. As provided
in § 200.513 Responsibilities, paragraph
(c)(3), a Federal awarding agency is responsible for issuing a management de-
cision for findings that relate to Federal awards it makes to non-Federal
entities.
(c) Pass-through entity. As provided in
§ 200.331 Requirements for pass-through
entities, paragraph (d), the passthrough entity must be responsible for
issuing a management decision for
audit findings that relate to Federal
awards it makes to subrecipients.
(d) Time requirements. The Federal
awarding agency or pass-through entity responsible for issuing a management decision must do so within six
months of acceptance of the audit report by the FAC. The auditee must initiate and proceed with corrective action as rapidly as possible and corrective action should begin no later than
upon receipt of the audit report.
(e) Reference numbers. Management
decisions must include the reference
numbers the auditor assigned to each
audit finding in accordance with
§ 200.516 Audit findings paragraph (c).
APPENDIX I TO PART 200—FULL TEXT OF
NOTICE OF FUNDING OPPORTUNITY
The full text of the notice of funding opportunity is organized in sections. The required format outlined in this appendix indicates immediately following the title of each
section whether that section is required in
every announcement or is a Federal awarding agency option. The format is designed so
that similar types of information will appear
in the same sections in announcements of
different Federal funding opportunities. Toward that end, there is text in each of the
following sections to describe the types of information that a Federal awarding agency
would include in that section of an actual
announcement.
A Federal awarding agency that wishes to
include information that the format does not
specifically discuss may address that subject
in whatever section(s) is most appropriate.
For example, if a Federal awarding agency
chooses to address performance goals in the
announcement, it might do so in the funding
opportunity description, the application content, or the reporting requirements.
Similarly, when this format calls for a
type of information to be in a particular section, a Federal awarding agency wishing to
address that subject in other sections may
elect to repeat the information in those sections or use cross references between the sections (there should be hyperlinks for crossreferences in any electronic versions of the
announcement). For example, a Federal
awarding agency may want to include in
Section I information about the types of
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non-Federal entities who are eligible to
apply. The format specifies a standard location for that information in Section III.1 but
that does not preclude repeating the information in Section I or creating a cross reference between Sections I and III.1, as long
as a potential applicant can find the information quickly and easily from the standard
location.
The sections of the full text of the announcement are described in the following
paragraphs.
A. PROGRAM DESCRIPTION—REQUIRED
This section contains the full program description of the funding opportunity. It may
be as long as needed to adequately communicate to potential applicants the areas in
which funding may be provided. It describes
the Federal awarding agency’s funding priorities or the technical or focus areas in which
the Federal awarding agency intends to provide assistance. As appropriate, it may include any program history (e.g., whether this
is a new program or a new or changed area of
program emphasis). This section may communicate indicators of successful projects
(e.g., if the program encourages collaborative efforts) and may include examples of
projects that have been funded previously.
This section also may include other information the Federal awarding agency deems necessary, and must at a minimum include citations for authorizing statutes and regulations for the funding opportunity.
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B. FEDERAL AWARD INFORMATION—REQUIRED
This section provides sufficient information to help an applicant make an informed
decision about whether to submit a proposal.
Relevant information could include the total
amount of funding that the Federal awarding
agency expects to award through the announcement; the anticipated number of Federal awards; the expected amounts of individual Federal awards (which may be a
range); the amount of funding per Federal
award, on average, experienced in previous
years; and the anticipated start dates and
periods of performance for new Federal
awards. This section also should address
whether applications for renewal or supplementation of existing projects are eligible
to compete with applications for new Federal awards.
This section also must indicate the type(s)
of assistance instrument (e.g., grant, cooperative agreement) that may be awarded if applications are successful. If cooperative
agreements may be awarded, this section either should describe the ‘‘substantial involvement’’ that the Federal awarding agency expects to have or should reference where
the potential applicant can find that information (e.g., in the funding opportunity description in A. Program Description—Re-
quired or Federal award administration information in section D. Application and Submission Information). If procurement contracts also may be awarded, this must be
stated.
C. ELIGIBILITY INFORMATION
This section addresses the considerations
or factors that determine applicant or application eligibility. This includes the eligibility of particular types of applicant organizations, any factors affecting the eligibility
of the principal investigator or project director, and any criteria that make particular
projects ineligible. Federal agencies should
make clear whether an applicant’s failure to
meet an eligibility criterion by the time of
an application deadline will result in the
Federal awarding agency returning the application without review or, even though an
application may be reviewed, will preclude
the Federal awarding agency from making a
Federal award. Key elements to be addressed
are:
1. Eligible Applicants—Required. Announcements must clearly identify the types of entities that are eligible to apply. If there are
no restrictions on eligibility, this section
may simply indicate that all potential applicants are eligible. If there are restrictions on
eligibility, it is important to be clear about
the specific types of entities that are eligible, not just the types that are ineligible.
For example, if the program is limited to
nonprofit organizations subject to 26 U.S.C.
501(c)(3) of the tax code (26 U.S.C. 501(c)(3)),
the announcement should say so. Similarly,
it is better to state explicitly that Native
American tribal organizations are eligible
than to assume that they can unambiguously
infer that from a statement that nonprofit
organizations may apply. Eligibility also can
be expressed by exception, (e.g., open to all
types of domestic applicants other than individuals). This section should refer to any
portion of Section IV specifying documentation that must be submitted to support an
eligibility determination (e.g., proof of
501(c)(3) status as determined by the Internal
Revenue Service or an authorizing tribal resolution). To the extent that any funding restriction in Section IV.5 could affect the eligibility of an applicant or project, the announcement must either restate that restriction in this section or provide a cross-reference to its description in Section IV.5.
2. Cost Sharing or Matching—Required. Announcements must state whether there is required cost sharing, matching, or cost participation without which an application
would be ineligible (if cost sharing is not required, the announcement must explicitly
say so). Required cost sharing may be a certain percentage or amount, or may be in the
form of contributions of specified items or
activities (e.g., provision of equipment). It is
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important that the announcement be clear
about any restrictions on the types of cost
(e.g., in-kind contributions) that are acceptable as cost sharing. Cost sharing as an eligibility criterion includes requirements based
in statute or regulation, as described in
§ 200.306 Cost sharing or matching of this
Part. This section should refer to the appropriate portion(s) of section D. Application
and Submission Information stating any preaward requirements for submission of letters
or other documentation to verify commitments to meet cost-sharing requirements if a
Federal award is made.
3. Other—Required, if applicable. If there are
other eligibility criteria (i.e., criteria that
have the effect of making an application or
project ineligible for Federal awards, whether referred to as ‘‘responsiveness’’ criteria,
‘‘go-no go’’ criteria, ‘‘threshold’’ criteria, or
in other ways), must be clearly stated and
must include a reference to the regulation of
requirement that describes the restriction,
as applicable. For example, if entities that
have been found to be in violation of a particular Federal statute are ineligible, it is
important to say so. This section must also
state any limit on the number of applications an applicant may submit under the announcement and make clear whether the
limitation is on the submitting organization,
individual investigator/program director, or
both. This section should also address any
eligibility criteria for beneficiaries or for
program participants other than Federal
award recipients.
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D. APPLICATION AND SUBMISSION INFORMATION
1. Address to Request Application Package—
Required. Potential applicants must be told
how to get application forms, kits, or other
materials needed to apply (if this announcement contains everything needed, this section need only say so). An Internet address
where the materials can be accessed is acceptable. However, since high-speed Internet
access is not yet universally available for
downloading documents, and applicants may
have additional accessibility requirements,
there also should be a way for potential applicants to request paper copies of materials,
such as a U.S. Postal Service mailing address, telephone or FAX number, Telephone
Device for the Deaf (TDD), Text Telephone
(TTY) number, and/or Federal Information
Relay Service (FIRS) number.
2. Content and Form of Application Submission—Required. This section must identify
the required content of an application and
the forms or formats that an applicant must
use to submit it. If any requirements are
stated elsewhere because they are general requirements that apply to multiple programs
or funding opportunities, this section should
refer to where those requirements may be
found. This section also should include re-
quired forms or formats as part of the announcement or state where the applicant
may obtain them.
This section should specifically address
content and form or format requirements
for:
i. Pre-applications, letters of intent, or
white papers required or encouraged (see
Section IV.3), including any limitations on
the number of pages or other formatting requirements similar to those for full applications.
ii. The application as a whole. For all submissions, this would include any limitations
on the number of pages, font size and typeface, margins, paper size, number of copies,
and sequence or assembly requirements. If
electronic submission is permitted or required, this could include special requirements for formatting or signatures.
iii. Component pieces of the application
(e.g., if all copies of the application must
bear original signatures on the face page or
the program narrative may not exceed 10
pages). This includes any pieces that may be
submitted separately by third parties (e.g.,
references or letters confirming commitments from third parties that will be contributing a portion of any required cost sharing).
iv. Information that successful applicants
must submit after notification of intent to
make a Federal award, but prior to a Federal
award. This could include evidence of compliance with requirements relating to human
subjects or information needed to comply
with the National Environmental Policy Act
(NEPA) (42 U.S.C. 4321–4370h).
3. Dun and Bradstreet Universal Numbering
System (DUNS) Number and System for Award
Management (SAM)—Required.
This paragraph must state clearly that
each applicant (unless the applicant is an individual or Federal awarding agency that is
excepted from those requirements under 2
CFR § 25.110(b) or (c), or has an exception approved by the Federal awarding agency
under 2 CFR § 25.110(d)) is required to: (i) Be
registered in SAM before submitting its application; (ii) provide a valid DUNS number
in its application; and (iii) continue to maintain an active SAM registration with current
information at all times during which it has
an active Federal award or an application or
plan under consideration by a Federal awarding agency. It also must state that the Federal awarding agency may not make a Federal award to an applicant until the applicant has complied with all applicable DUNS
and SAM requirements and, if an applicant
has not fully complied with the requirements
by the time the Federal awarding agency is
ready to make a Federal award, the Federal
awarding agency may determine that the applicant is not qualified to receive a Federal
award and use that determination as a basis
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for making a Federal award to another applicant.
4. Submission Dates and Times—Required.
Announcements must identify due dates and
times for all submissions. This includes not
only the full applications but also any preliminary submissions (e.g., letters of intent,
white papers, or pre-applications). It also includes any other submissions of information
before Federal award that are separate from
the full application. If the funding opportunity is a general announcement that is
open for a period of time with no specific due
dates for applications, this section should
say so. Note that the information on dates
that is included in this section also must appear with other overview information in a location preceding the full text of the announcement (see § 200.203 Notices of funding
opportunities of this Part).
Each type of submission should be designated as encouraged or required and, if required, any deadline date (or dates, if the
Federal awarding agency plans more than
one cycle of application submission, review,
and Federal award under the announcement)
should be specified. The announcement must
state (or provide a reference to another document that states):
i. Any deadline in terms of a date and local
time. If the due date falls on a Saturday,
Sunday, or Federal holiday, the reporting
package is due the next business day.
ii. What the deadline means (e.g., whether
it is the date and time by which the Federal
awarding agency must receive the application, the date by which the application must
be postmarked, or something else) and how
that depends, if at all, on the submission
method (e.g., mail, electronic, or personal/
courier delivery).
iii. The effect of missing a deadline (e.g.,
whether late applications are neither reviewed nor considered or are reviewed and
considered under some circumstances).
iv. How the receiving Federal office determines whether an application or pre-application has been submitted before the deadline.
This includes the form of acceptable proof of
mailing or system-generated documentation
of receipt date and time.
This section also may indicate whether,
when, and in what form the applicant will receive an acknowledgement of receipt. This
information should be displayed in ways that
will be easy to understand and use. It can be
difficult to extract all needed information
from narrative paragraphs, even when they
are well written. A tabular form for providing a summary of the information may
help applicants for some programs and give
them what effectively could be a checklist to
verify the completeness of their application
package before submission.
5. Intergovernmental Review—Required, if applicable. If the funding opportunity is subject
to Executive Order 12372, ‘‘Intergovern-
mental Review of Federal Programs,’’ the
notice must say so. In alerting applicants
that they must contact their state’s Single
Point of Contact (SPOC) to find out about
and comply with the state’s process under
Executive Order 12372, it may be useful to inform potential applicants that the names
and addresses of the SPOCs are listed in the
Office of Management and Budget’s Web site.
www.whitehouse.gov/omb/grants/spoc.html.
6. Funding Restrictions—Required. Notices
must include information on funding restrictions in order to allow an applicant to develop an application and budget consistent
with program requirements. Examples are
whether construction is an allowable activity, if there are any limitations on direct
costs such as foreign travel or equipment
purchases, and if there are any limits on indirect costs (or facilities and administrative
costs). Applicants must be advised if Federal
awards will not allow reimbursement of preFederal award costs.
7. Other Submission Requirements— Required.
This section must address any other submission requirements not included in the other
paragraphs of this section. This might include the format of submission, i.e., paper or
electronic, for each type of required submission. Applicants should not be required to
submit in more than one format and this section should indicate whether they may
choose whether to submit applications in
hard copy or electronically, may submit only
in hard copy, or may submit only electronically.
This section also must indicate where applications (and any pre-applications) must be
submitted if sent by postal mail, electronic
means, or hand-delivery. For postal mail
submission, this must include the name of an
office, official, individual or function (e.g.,
application receipt center) and a complete
mailing address. For electronic submission,
this must include the URL or email address;
whether a password(s) is required; whether
particular software or other electronic capabilities are required; what to do in the event
of system problems and a point of contact
who will be available in the event the applicant experiences technical difficulties.1
E. APPLICATION REVIEW INFORMATION
1. Criteria—Required. This section must address the criteria that the Federal awarding
agency will use to evaluate applications.
1 With respect to electronic methods for
providing information about funding opportunities or accepting applicants’ submissions
of information, each Federal awarding agency is responsible for compliance with Section
508 of the Rehabilitation Act of 1973 (29
U.S.C. 794d).
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This includes the merit and other review criteria that evaluators will use to judge applications, including any statutory, regulatory,
or other preferences (e.g., minority status or
Native American tribal preferences) that
will be applied in the review process. These
criteria are distinct from eligibility criteria
that are addressed before an application is
accepted for review and any program policy
or other factors that are applied during the
selection process, after the review process is
completed. The intent is to make the application process transparent so applicants can
make informed decisions when preparing
their applications to maximize fairness of
the process. The announcement should clearly describe all criteria, including any subcriteria. If criteria vary in importance, the
announcement should specify the relative
percentages, weights, or other means used to
distinguish among them. For statutory, regulatory, or other preferences, the announcement should provide a detailed explanation
of those preferences with an explicit indication of their effect (e.g., whether they result
in additional points being assigned).
If an applicant’s proposed cost sharing will
be considered in the review process (as opposed to being an eligibility criterion described in Section III.2), the announcement
must specifically address how it will be considered (e.g., to assign a certain number of
additional points to applicants who offer
cost sharing, or to break ties among applications with equivalent scores after evaluation
against all other factors). If cost sharing will
not be considered in the evaluation, the announcement should say so, so that there is
no ambiguity for potential applicants. Vague
statements that cost sharing is encouraged,
without clarification as to what that means,
are unhelpful to applicants. It also is important that the announcement be clear about
any restrictions on the types of cost (e.g., inkind contributions) that are acceptable as
cost sharing.
2. Review and Selection Process—Required.
This section may vary in the level of detail
provided. The announcement must list any
program policy or other factors or elements,
other than merit criteria, that the selecting
official may use in selecting applications for
Federal award (e.g., geographical dispersion,
program balance, or diversity). The Federal
awarding agency may also include other appropriate details. For example, this section
may indicate who is responsible for evaluation against the merit criteria (e.g., peers external to the Federal awarding agency or
Federal awarding agency personnel) and/or
who makes the final selections for Federal
awards. If there is a multi-phase review process (e.g., an external panel advising internal
Federal awarding agency personnel who
make final recommendations to the deciding
official), the announcement may describe the
phases. It also may include: the number of
people on an evaluation panel and how it operates, the way reviewers are selected, reviewer qualifications, and the way that conflicts of interest are avoided. With respect to
electronic methods for providing information about funding opportunities or accepting applicants’ submissions of information,
each Federal awarding agency is responsible
for compliance with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d).
In addition, if the Federal awarding agency
permits applicants to nominate suggested reviewers of their applications or suggest those
they feel may be inappropriate due to a conflict of interest, that information should be
included in this section.
3. Anticipated Announcement and Federal
Award Dates—Optional. This section is intended to provide applicants with information they can use for planning purposes. If
there is a single application deadline followed by the simultaneous review of all applications, the Federal awarding agency can
include in this section information about the
anticipated dates for announcing or notifying successful and unsuccessful applicants
and for having Federal awards in place. If applications are received and evaluated on a
‘‘rolling’’ basis at different times during an
extended period, it may be appropriate to
give applicants an estimate of the time needed to process an application and notify the
applicant of the Federal awarding agency’s
decision.
F. FEDERAL AWARD ADMINISTRATION
INFORMATION
1. Federal Award Notices—Required. This
section must address what a successful applicant can expect to receive following selection. If the Federal awarding agency’s practice is to provide a separate notice stating
that an application has been selected before
it actually makes the Federal award, this
section would be the place to indicate that
the letter is not an authorization to begin
performance (to the extent that it allows
charging to Federal awards of pre-award
costs at the non-Federal entity’s own risk).
This section should indicate that the notice
of Federal award signed by the grants officer
(or equivalent) is the authorizing document,
and whether it is provided through postal
mail or by electronic means and to whom. It
also may address the timing, form, and content of notifications to unsuccessful applicants. See also § 200.210 Information contained in a Federal award.
2. Administrative and National Policy Requirements—Required. This section must identify the usual administrative and national
policy requirements the Federal awarding
agency’s Federal awards may include. Providing this information lets a potential applicant identify any requirements with
which it would have difficulty complying if
its application is successful. In those cases,
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early notification about the requirements allows the potential applicant to decide not to
apply or to take needed actions before receiving the Federal award. The announcement need not include all of the terms and
conditions of the Federal award, but may
refer to a document (with information about
how to obtain it) or Internet site where applicants can see the terms and conditions. If
this funding opportunity will lead to Federal
awards with some special terms and conditions that differ from the Federal awarding
agency’s usual (sometimes called ‘‘general’’)
terms and conditions, this section should
highlight those special terms and conditions.
Doing so will alert applicants that have received Federal awards from the Federal
awarding agency previously and might not
otherwise expect different terms and conditions. For the same reason, the announcement should inform potential applicants
about special requirements that could apply
to particular Federal awards after the review
of applications and other information, based
on the particular circumstances of the effort
to be supported (e.g., if human subjects were
to be involved or if some situations may justify special terms on intellectual property,
data sharing or security requirements).
3. Reporting—Required. This section must
include general information about the type
(e.g., financial or performance), frequency,
and means of submission (paper or electronic) of post-Federal award reporting requirements. Highlight any special reporting
requirements for Federal awards under this
funding opportunity that differ (e.g., by report type, frequency, form/format, or circumstances for use) from what the Federal
awarding agency’s Federal awards usually
require.
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G. FEDERAL AWARDING AGENCY CONTACT(S)—
REQUIRED
The announcement must give potential applicants a point(s) of contact for answering
questions or helping with problems while the
funding opportunity is open. The intent of
this requirement is to be as helpful as possible to potential applicants, so the Federal
awarding agency should consider approaches
such as giving:
i. Points of contact who may be reached in
multiple ways (e.g., by telephone, FAX, and/
or email, as well as regular mail).
ii. A fax or email address that multiple
people access, so that someone will respond
even if others are unexpectedly absent during critical periods.
iii. Different contacts for distinct kinds of
help (e.g., one for questions of programmatic
content and a second for administrative
questions).
H. OTHER INFORMATION—OPTIONAL
This section may include any additional
information that will assist a potential applicant. For example, the section might:
i. Indicate whether this is a new program
or a one-time initiative.
ii. Mention related programs or other upcoming or ongoing Federal awarding agency
funding opportunities for similar activities.
iii. Include current Internet addresses for
Federal awarding agency Web sites that may
be useful to an applicant in understanding
the program.
iv. Alert applicants to the need to identify
proprietary information and inform them
about the way the Federal awarding agency
will handle it.
v. Include certain routine notices to applicants (e.g., that the Federal government is
not obligated to make any Federal award as
a result of the announcement or that only
grants officers can bind the Federal government to the expenditure of funds).
APPENDIX II TO PART 200—CONTRACT
PROVISIONS FOR NON-FEDERAL ENTITY
CONTRACTS UNDER FEDERAL
AWARDS
In addition to other provisions required by
the Federal agency or non-Federal entity, all
contracts made by the non-Federal entity
under the Federal award must contain provisions covering the following, as applicable.
(A) Contracts for more than the simplified
acquisition threshold currently set at
$150,000, which is the inflation adjusted
amount determined by the Civilian Agency
Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies
in instances where contractors violate or
breach contract terms, and provide for such
sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must
address termination for cause and for convenience by the non-Federal entity including
the manner by which it will be effected and
the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR
Part 60, all contracts that meet the definition of ‘‘federally assisted construction contract’’ in 41 CFR Part 60–1.3 must include the
equal opportunity clause provided under 41
CFR 60–1.4(b), in accordance with Executive
Order 11246, ‘‘Equal Employment Opportunity’’ (30 FR 12319, 12935, 3 CFR Part, 1964–
1965 Comp., p. 339), as amended by Executive
Order 11375, ‘‘Amending Executive Order
11246 Relating to Equal Employment Opportunity,’’ and implementing regulations at 41
CFR part 60, ‘‘Office of Federal Contract
Compliance Programs, Equal Employment
Opportunity, Department of Labor.’’
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(D) Davis-Bacon Act, as amended (40 U.S.C.
3141–3148). When required by Federal program
legislation, all prime construction contracts
in excess of $2,000 awarded by non-Federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C.
3141–3144, and 3146–3148) as supplemented by
Department of Labor regulations (29 CFR
Part 5, ‘‘Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction’’). In accordance with the statute, contractors must
be required to pay wages to laborers and mechanics at a rate not less than the prevailing
wages specified in a wage determination
made by the Secretary of Labor. In addition,
contractors must be required to pay wages
not less than once a week. The non-Federal
entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract
must be conditioned upon the acceptance of
the wage determination. The non-Federal entity must report all suspected or reported
violations to the Federal awarding agency.
The contracts must also include a provision
for compliance with the Copeland ‘‘AntiKickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations
(29 CFR Part 3, ‘‘Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans
or Grants from the United States’’). The Act
provides that each contractor or subrecipient must be prohibited from inducing,
by any means, any person employed in the
construction, completion, or repair of public
work, to give up any part of the compensation to which he or she is otherwise entitled.
The non-Federal entity must report all suspected or reported violations to the Federal
awarding agency.
(E) Contract Work Hours and Safety
Standards Act (40 U.S.C. 3701–3708). Where
applicable, all contracts awarded by the nonFederal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance
with 40 U.S.C. 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR
Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must be required to compute the
wages of every mechanic and laborer on the
basis of a standard work week of 40 hours.
Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours
worked in excess of 40 hours in the work
week. The requirements of 40 U.S.C. 3704 are
applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under
working conditions which are unsanitary,
hazardous or dangerous. These requirements
do not apply to the purchases of supplies or
materials or articles ordinarily available on
the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a
Contract or Agreement. If the Federal award
meets the definition of ‘‘funding agreement’’
under 37 CFR § 401.2 (a) and the recipient or
subrecipient wishes to enter into a contract
with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work
under that ‘‘funding agreement,’’ the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,’’ and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401–7671q.) and
the Federal Water Pollution Control Act (33
U.S.C. 1251–1387), as amended—Contracts and
subgrants of amounts in excess of $150,000
must contain a provision that requires the
non-Federal award to agree to comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act
(42 U.S.C. 7401–7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C.
1251–1387). Violations must be reported to the
Federal awarding agency and the Regional
Office of the Environmental Protection
Agency (EPA).
(H) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan
issued in compliance with the Energy Policy
and Conservation Act (42 U.S.C. 6201).
(I) Debarment and Suspension (Executive
Orders 12549 and 12689)—A contract award
(see 2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded
Parties List System in the System for Award
Management (SAM), in accordance with the
OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR Part 1986
Comp., p. 189) and 12689 (3 CFR Part 1989
Comp., p. 235), ‘‘Debarment and Suspension.’’
The Excluded Parties List System in SAM
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as
well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(J) Byrd Anti-Lobbying Amendment (31
U.S.C. 1352)—Contractors that apply or bid
for an award of $100,000 or more must file the
required certification. Each tier certifies to
the tier above that it will not and has not
used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer
or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any
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other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to
tier up to the non-Federal award.
(K) See § 200.322 Procurement of recovered
materials.
APPENDIX III TO PART 200—INDIRECT
(F&A) COSTS IDENTIFICATION AND
ASSIGNMENT, AND RATE DETERMINATION FOR INSTITUTIONS OF HIGHER
EDUCATION (IHES)
A. GENERAL
This appendix provides criteria for identifying and computing indirect (or indirect
(F&A)) rates at IHEs (institutions). Indirect
(F&A) costs are those that are incurred for
common or joint objectives and therefore
cannot be identified readily and specifically
with a particular sponsored project, an instructional activity, or any other institutional activity. See subsection B.1, Definition of Facilities and Administration, for a
discussion of the components of indirect
(F&A) costs.
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1. Major Functions of an Institution
Refers to instruction, organized research,
other sponsored activities and other institutional activities as defined in this section:
a. Instruction means the teaching and
training activities of an institution. Except
for research training as provided in subsection b, this term includes all teaching and
training activities, whether they are offered
for credits toward a degree or certificate or
on a non-credit basis, and whether they are
offered through regular academic departments or separate divisions, such as a summer school division or an extension division.
Also considered part of this major function
are departmental research, and, where
agreed to, university research.
(1) Sponsored instruction and training means
specific instructional or training activity established by grant, contract, or cooperative
agreement. For purposes of the cost principles, this activity may be considered a
major function even though an institution’s
accounting treatment may include it in the
instruction function.
(2) Departmental research means research,
development and scholarly activities that
are not organized research and, consequently, are not separately budgeted and
accounted for. Departmental research, for
purposes of this document, is not considered
as a major function, but as a part of the instruction function of the institution.
b. Organized research means all research
and development activities of an institution
that are separately budgeted and accounted
for. It includes:
(1) Sponsored research means all research
and development activities that are sponsored by Federal and non-Federal agencies
and organizations. This term includes activities involving the training of individuals in
research techniques (commonly called research training) where such activities utilize
the same facilities as other research and development activities and where such activities are not included in the instruction function.
(2) University research means all research
and development activities that are separately budgeted and accounted for by the institution under an internal application of institutional funds. University research, for
purposes of this document, must be combined with sponsored research under the
function of organized research.
c. Other sponsored activities means programs
and projects financed by Federal and nonFederal agencies and organizations which involve the performance of work other than instruction and organized research. Examples
of such programs and projects are health
service projects and community service programs. However, when any of these activities
are undertaken by the institution without
outside support, they may be classified as
other institutional activities.
d. Other institutional activities means all activities of an institution except for instruction, departmental research, organized research, and other sponsored activities, as defined in this section; indirect (F&A) cost activities identified in this Appendix paragraph B, Identification and assignment of indirect (F&A) costs; and specialized services
facilities described in § 200.468 Specialized
service facilities of this Part.
Examples of other institutional activities
include operation of residence halls, dining
halls, hospitals and clinics, student unions,
intercollegiate athletics, bookstores, faculty
housing, student apartments, guest houses,
chapels, theaters, public museums, and other
similar auxiliary enterprises. This definition
also includes any other categories of activities, costs of which are ‘‘unallowable’’ to
Federal awards, unless otherwise indicated
in an award.
2. Criteria for Distribution
a. Base period. A base period for distribution of indirect (F&A) costs is the period
during which the costs are incurred. The
base period normally should coincide with
the fiscal year established by the institution,
but in any event the base period should be so
selected as to avoid inequities in the distribution of costs.
b. Need for cost groupings. The overall objective of the indirect (F&A) cost allocation
process is to distribute the indirect (F&A)
costs described in Section B, Identification
and assignment of indirect (F&A) costs, to
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the major functions of the institution in proportions reasonably consistent with the nature and extent of their use of the institution’s resources. In order to achieve this objective, it may be necessary to provide for
selective distribution by establishing separate groupings of cost within one or more of
the indirect (F&A) cost categories referred
to in subsection B.1, Definition of Facilities
and Administration. In general, the cost
groupings established within a category
should constitute, in each case, a pool of
those items of expense that are considered to
be of like nature in terms of their relative
contribution to (or degree of remoteness
from) the particular cost objectives to which
distribution is appropriate. Cost groupings
should be established considering the general
guides provided in subsection c of this section. Each such pool or cost grouping should
then be distributed individually to the related cost objectives, using the distribution
base or method most appropriate in light of
the guidelines set forth in subsection d of
this section.
c. General considerations on cost groupings.
The extent to which separate cost groupings
and selective distribution would be appropriate at an institution is a matter of judgment to be determined on a case-by-case
basis. Typical situations which may warrant
the establishment of two or more separate
cost groupings (based on account classification or analysis) within an indirect (F&A)
cost category include but are not limited to
the following:
(1) If certain items or categories of expense
relate solely to one of the major functions of
the institution or to less than all functions,
such expenses should be set aside as a separate cost grouping for direct assignment or
selective allocation in accordance with the
guides provided in subsections b and d.
(2) If any types of expense ordinarily treated as general administration or departmental administration are charged to Federal awards as direct costs, expenses applicable to other activities of the institution
when incurred for the same purposes in like
circumstances must, through separate cost
groupings, be excluded from the indirect
(F&A) costs allocable to those Federal
awards and included in the direct cost of
other activities for cost allocation purposes.
(3) If it is determined that certain expenses
are for the support of a service unit or facility whose output is susceptible of measurement on a workload or other quantitative
basis, such expenses should be set aside as a
separate cost grouping for distribution on
such basis to organized research, instructional, and other activities at the institution
or within the department.
(4) If activities provide their own purchasing, personnel administration, building
maintenance or similar service, the distribution of general administration and general
expenses, or operation and maintenance expenses to such activities should be accomplished through cost groupings which include
only that portion of central indirect (F&A)
costs (such as for overall management)
which are properly allocable to such activities.
(5) If the institution elects to treat fringe
benefits as indirect (F&A) charges, such
costs should be set aside as a separate cost
grouping for selective distribution to related
cost objectives.
(6) The number of separate cost groupings
within a category should be held within
practical limits, after taking into consideration the materiality of the amounts involved and the degree of precision attainable
through less selective methods of distribution.
d. Selection of distribution method.
(1) Actual conditions must be taken into
account in selecting the method or base to
be used in distributing individual cost
groupings. The essential consideration in selecting a base is that it be the one best suited for assigning the pool of costs to cost objectives in accordance with benefits derived;
with a traceable cause-and-effect relationship; or with logic and reason, where neither
benefit nor a cause-and-effect relationship is
determinable.
(2) If a cost grouping can be identified directly with the cost objective benefitted, it
should be assigned to that cost objective.
(3) If the expenses in a cost grouping are
more general in nature, the distribution may
be based on a cost analysis study which results in an equitable distribution of the
costs. Such cost analysis studies may take
into consideration weighting factors, population, or space occupied if appropriate. Cost
analysis studies, however, must (a) be appropriately documented in sufficient detail for
subsequent review by the cognizant agency
for indirect costs, (b) distribute the costs to
the related cost objectives in accordance
with the relative benefits derived, (c) be statistically sound, (d) be performed specifically
at the institution at which the results are to
be used, and (e) be reviewed periodically, but
not less frequently than rate negotiations,
updated if necessary, and used consistently.
Any assumptions made in the study must be
stated and explained. The use of cost analysis studies and periodic changes in the
method of cost distribution must be fully
justified.
(4) If a cost analysis study is not performed, or if the study does not result in an
equitable distribution of the costs, the distribution must be made in accordance with
the appropriate base cited in Section B, Identification and assignment of indirect (F&A)
costs, unless one of the following conditions
is met:
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(a) It can be demonstrated that the use of
a different base would result in a more equitable allocation of the costs, or that a more
readily available base would not increase the
costs charged to Federal awards, or
(b) The institution qualifies for, and elects
to use, the simplified method for computing
indirect (F&A) cost rates described in Section D, Simplified method for small institutions.
(5) Notwithstanding subsection (3), effective July 1, 1998, a cost analysis or base other
than that in Section B must not be used to
distribute utility or student services costs.
Instead, subsections B.4.c Operation and
maintenance expenses, may be used in the
recovery of utility costs.
e. Order of distribution.
(1) Indirect (F&A) costs are the broad categories of costs discussed in Section B.1,
Definitions of Facilities and Administration
(2) Depreciation, interest expenses, operation and maintenance expenses, and general
administrative and general expenses should
be allocated in that order to the remaining
indirect (F&A) cost categories as well as to
the major functions and specialized service
facilities of the institution. Other cost categories may be allocated in the order determined to be most appropriate by the institutions. When cross allocation of costs is made
as provided in subsection (3), this order of allocation does not apply.
(3) Normally an indirect (F&A) cost category will be considered closed once it has
been allocated to other cost objectives, and
costs may not be subsequently allocated to
it. However, a cross allocation of costs between two or more indirect (F&A) cost categories may be used if such allocation will
result in a more equitable allocation of
costs. If a cross allocation is used, an appropriate modification to the composition of
the indirect (F&A) cost categories described
in Section B is required.
B. IDENTIFICATION AND ASSIGNMENT OF
INDIRECT (F&A) COSTS
1. Definition of Facilities and Administration
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See § 200.414 Indirect (F&A) costs which
provides the basis for this indirect cost requirements.
(1) Depreciation on buildings used exclusively in the conduct of a single function,
and on capital improvements and equipment
used in such buildings, must be assigned to
that function.
(2) Depreciation on buildings used for more
than one function, and on capital improvements and equipment used in such buildings,
must be allocated to the individual functions
performed in each building on the basis of
usable square feet of space, excluding common areas such as hallways, stairwells, and
rest rooms.
(3) Depreciation on buildings, capital improvements and equipment related to space
(e.g., individual rooms, laboratories) used
jointly by more than one function (as determined by the users of the space) must be
treated as follows. The cost of each jointly
used unit of space must be allocated to benefitting functions on the basis of:
(a) The employee full-time equivalents
(FTEs) or salaries and wages of those individual functions benefitting from the use of
that space; or
(b) Institution-wide employee FTEs or salaries and wages applicable to the benefitting
major functions (see Section A.1) of the institution.
(4) Depreciation on certain capital improvements to land, such as paved parking
areas, fences, sidewalks, and the like, not included in the cost of buildings, must be allocated to user categories of students and employees on a full-time equivalent basis. The
amount allocated to the student category
must be assigned to the instruction function
of the institution. The amount allocated to
the employee category must be further allocated to the major functions of the institution in proportion to the salaries and wages
of all employees applicable to those functions.
3. Interest
Interest on debt associated with certain
buildings, equipment and capital improvements, as defined in § 200.449 Interest, must
be classified as an expenditure under the category Facilities. These costs must be allocated in the same manner as the depreciation on the buildings, equipment and capital
improvements to which the interest relates.
2. Depreciation
4. Operation and Maintenance Expenses
a. The expenses under this heading are the
portion of the costs of the institution’s
buildings, capital improvements to land and
buildings, and equipment which are computed in accordance with § 200.436 Depreciation.
b. In the absence of the alternatives provided for in Section A.2.d, Selection of distribution method, the expenses included in
this category must be allocated in the following manner:
a. The expenses under this heading are
those that have been incurred for the administration, supervision, operation, maintenance, preservation, and protection of the institution’s physical plant. They include expenses normally incurred for such items as
janitorial and utility services; repairs and
ordinary or normal alterations of buildings,
furniture and equipment; care of grounds;
maintenance and operation of buildings and
other plant facilities; security; earthquake
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and disaster preparedness; environmental
safety; hazardous waste disposal; property,
liability and all other insurance relating to
property; space and capital leasing; facility
planning and management; and central receiving. The operation and maintenance expense category should also include its allocable share of fringe benefit costs, depreciation, and interest costs.
b. In the absence of the alternatives provided for in Section A.2.d, the expenses included in this category must be allocated in
the same manner as described in subsection
2.b for depreciation.
c. A utility cost adjustment of up to 1.3
percentage points may be included in the negotiated indirect cost rate of the IHE for organized research, per the computation alternatives in paragraphs (c)(1) and (2) of this
section:
(1) Where space is devoted to a single function and metering allows unambiguous measurement of usage related to that space, costs
must be assigned to the function located in
that space.
(2) Where space is allocated to different
functions and metering does not allow unambiguous measurement of usage by function,
costs must be allocated as follows:
(i) Utilities costs should be apportioned to
functions in the same manner as depreciation, based on the calculated difference between the site or building actual square footage for monitored research laboratory space
(site, building, floor, or room), and a separate calculation prepared by the IHE using
the ‘‘effective square footage’’ described in
subsection (c)(2)(ii) of this section.
(ii) ‘‘Effective square footage’’ allocated to
research laboratory space must be calculated
as the actual square footage times the relative energy utilization index (REUI) posted
on the OMB Web site at the time of a rate
determination.
A. This index is the ratio of a laboratory
energy use index (lab EUI) to the corresponding index for overall average college
or university space (college EUI).
B. In July 2012, values for these two indices
(taken respectively from the Lawrence
Berkeley Laboratory ‘‘Labs for the 21st Century’’
benchmarking
tool
http://
labs21benchmarking.lbl.gov/CompareData.php
and the US Department of Energy ‘‘Buildings
Energy
Databook’’
and
http://
buildingsdatabook.eren.doe.gov/CBECS.aspx)
were 310 kBtu/sq ft-yr. and 155 kBtu/sq ft-yr.,
so that the adjustment ratio is 2.0 by this
methodology. To retain currency, OMB will
adjust the EUI numbers from time to time
(no more often than annually nor less often
than every 5 years), using reliable and publicly disclosed data. Current values of both
the EUIs and the REUI will be posted on the
OMB Web site.
5. General Administration and General Expenses
a. The expenses under this heading are
those that have been incurred for the general
executive and administrative offices of educational institutions and other expenses of a
general character which do not relate solely
to any major function of the institution; i.e.,
solely to (1) instruction, (2) organized research, (3) other sponsored activities, or (4)
other institutional activities. The general
administration and general expense category
should also include its allocable share of
fringe benefit costs, operation and maintenance expense, depreciation, and interest
costs. Examples of general administration
and general expenses include: those expenses
incurred by administrative offices that serve
the entire university system of which the institution is a part; central offices of the institution such as the President’s or
Chancellor’s office, the offices for institution-wide financial management, business
services, budget and planning, personnel
management, and safety and risk management; the office of the General Counsel; and
the operations of the central administrative
management information systems. General
administration and general expenses must
not include expenses incurred within nonuniversity-wide deans’ offices, academic departments, organized research units, or similar organizational units. (See subsection 6,
Departmental administration expenses.)
b. In the absence of the alternatives provided for in Section A.2.d, the expenses included in this category must be grouped first
according to common major functions of the
institution to which they render services or
provide benefits. The aggregate expenses of
each group must then be allocated to serviced or benefitted functions on the modified
total cost basis. Modified total costs consist
of the same elements as those in Section C.2.
When an activity included in this indirect
(F&A) cost category provides a service or
product to another institution or organization, an appropriate adjustment must be
made to either the expenses or the basis of
allocation or both, to assure a proper allocation of costs.
6. Departmental Administration Expenses
a. The expenses under this heading are
those that have been incurred for administrative and supporting services that benefit
common or joint departmental activities or
objectives in academic deans’ offices, academic departments and divisions, and organized research units. Organized research
units include such units as institutes, study
centers, and research centers. Departmental
administration expenses are subject to the
following limitations.
(1) Academic deans’ offices. Salaries and
operating expenses are limited to those attributable to administrative functions.
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(2) Academic departments:
(a) Salaries and fringe benefits attributable to the administrative work (including
bid and proposal preparation) of faculty (including department heads) and other professional personnel conducting research and/or
instruction, must be allowed at a rate of 3.6
percent of modified total direct costs. This
category does not include professional business or professional administrative officers.
This allowance must be added to the computation of the indirect (F&A) cost rate for
major functions in Section C, Determination
and application of indirect (F&A) cost rate
or rates; the expenses covered by the allowance must be excluded from the departmental administration cost pool. No documentation is required to support this allowance.
(b) Other administrative and supporting
expenses incurred within academic departments are allowable provided they are treated consistently in like circumstances. This
would include expenses such as the salaries
of secretarial and clerical staffs, the salaries
of administrative officers and assistants,
travel, office supplies, stockrooms, and the
like.
(3) Other fringe benefit costs applicable to
the salaries and wages included in subsections (1) and (2) are allowable, as well as
an appropriate share of general administration and general expenses, operation and
maintenance expenses, and depreciation.
(4) Federal agencies may authorize reimbursement of additional costs for department
heads and faculty only in exceptional cases
where an institution can demonstrate undue
hardship or detriment to project performance.
b. The following guidelines apply to the determination of departmental administrative
costs as direct or indirect (F&A) costs.
(1) In developing the departmental administration cost pool, special care should be exercised to ensure that costs incurred for the
same purpose in like circumstances are
treated consistently as either direct or indirect (F&A) costs. For example, salaries of
technical staff, laboratory supplies (e.g.,
chemicals), telephone toll charges, animals,
animal care costs, computer costs, travel
costs, and specialized shop costs must be
treated as direct costs wherever identifiable
to a particular cost objective. Direct charging of these costs may be accomplished
through specific identification of individual
costs to benefitting cost objectives, or
through recharge centers or specialized service facilities, as appropriate under the circumstances. See §§ 200.413 Direct costs, paragraph (c) and 200.468 Specialized service facilities.
(2) Items such as office supplies, postage,
local telephone costs, and memberships must
normally be treated as indirect (F&A) costs.
c. In the absence of the alternatives provided for in Section A.2.d, the expenses included in this category must be allocated as
follows:
(1) The administrative expenses of the
dean’s office of each college and school must
be allocated to the academic departments
within that college or school on the modified
total cost basis.
(2) The administrative expenses of each
academic department, and the department’s
share of the expenses allocated in subsection
(1) must be allocated to the appropriate functions of the department on the modified
total cost basis.
7. Sponsored Projects Administration
a. The expenses under this heading are limited to those incurred by a separate organization(s) established primarily to administer
sponsored projects, including such functions
as grant and contract administration (Federal and non-Federal), special security, purchasing, personnel, administration, and editing and publishing of research and other reports. They include the salaries and expenses
of the head of such organization, assistants,
and immediate staff, together with the salaries and expenses of personnel engaged in
supporting activities maintained by the organization, such as stock rooms, print shops,
and the like. This category also includes an
allocable share of fringe benefit costs, general administration and general expenses,
operation and maintenance expenses, and depreciation. Appropriate adjustments will be
made for services provided to other functions
or organizations.
b. In the absence of the alternatives provided for in Section A.2.d, the expenses included in this category must be allocated to
the major functions of the institution under
which the sponsored projects are conducted
on the basis of the modified total cost of
sponsored projects.
c. An appropriate adjustment must be
made to eliminate any duplicate charges to
Federal awards when this category includes
similar or identical activities as those included in the general administration and
general expense category or other indirect
(F&A) cost items, such as accounting, procurement, or personnel administration.
8. Library Expenses
a. The expenses under this heading are
those that have been incurred for the operation of the library, including the cost of
books and library materials purchased for
the library, less any items of library income
that qualify as applicable credits under
§ 200.406 Applicable credits. The library expense category should also include the fringe
benefits applicable to the salaries and wages
included therein, an appropriate share of
general administration and general expense,
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operation and maintenance expense, and depreciation. Costs incurred in the purchases
of rare books (museum-type books) with no
value to Federal awards should not be allocated to them.
b. In the absence of the alternatives provided for in Section A.2.d, the expenses included in this category must be allocated
first on the basis of primary categories of
users, including students, professional employees, and other users.
(1) The student category must consist of
full-time equivalent students enrolled at the
institution, regardless of whether they earn
credits toward a degree or certificate.
(2) The professional employee category
must consist of all faculty members and
other professional employees of the institution, on a full-time equivalent basis. This
category may also include post-doctorate
fellows and graduate students.
(3) The other users category must consist
of a reasonable factor as determined by institutional records to account for all other
users of library facilities.
c. Amount allocated in paragraph b of this
section must be assigned further as follows:
(1) The amount in the student category
must be assigned to the instruction function
of the institution.
(2) The amount in the professional employee category must be assigned to the
major functions of the institution in proportion to the salaries and wages of all faculty
members and other professional employees
applicable to those functions.
(3) The amount in the other users category
must be assigned to the other institutional
activities function of the institution.
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9. Student Administration and Services
a. The expenses under this heading are
those that have been incurred for the administration of student affairs and for services
to students, including expenses of such activities as deans of students, admissions, registrar, counseling and placement services,
student advisers, student health and infirmary services, catalogs, and commencements and convocations. The salaries of
members of the academic staff whose responsibilities to the institution require administrative work that benefits sponsored projects
may also be included to the extent that the
portion charged to student administration is
determined in accordance with Subpart E—
Cost Principles of this Part. This expense
category also includes the fringe benefit
costs applicable to the salaries and wages included therein, an appropriate share of general administration and general expenses,
operation and maintenance, interest expense, and depreciation.
b. In the absence of the alternatives provided for in Section A.2.d, the expenses in
this category must be allocated to the in-
struction function, and subsequently to Federal awards in that function.
10. Offset for Indirect (F&A) Expenses Otherwise Provided for by the Federal Government
a. The items to be accumulated under this
heading are the reimbursements and other
payments from the Federal government
which are made to the institution to support
solely, specifically, and directly, in whole or
in part, any of the administrative or service
activities described in subsections 2 through
9.
b. The items in this group must be treated
as a credit to the affected individual indirect
(F&A) cost category before that category is
allocated to benefitting functions.
C. DETERMINATION AND APPLICATION OF
INDIRECT (F&A) COST RATE OR RATES
1. Indirect (F&A) Cost Pools
a. (1) Subject to subsection b, the separate
categories of indirect (F&A) costs allocated
to each major function of the institution as
prescribed in paragraph B of this paragraph
C.1 Identification and assignment of indirect
(F&A) costs, must be aggregated and treated
as a common pool for that function. The
amount in each pool must be divided by the
distribution base described in subsection 2 to
arrive at a single indirect (F&A) cost rate for
each function.
(2) The rate for each function is used to
distribute indirect (F&A) costs to individual
Federal awards of that function. Since a
common pool is established for each major
function of the institution, a separate indirect (F&A) cost rate would be established for
each of the major functions described in Section A.1 under which Federal awards are carried out.
(3) Each institution’s indirect (F&A) cost
rate process must be appropriately designed
to ensure that Federal sponsors do not in
any way subsidize the indirect (F&A) costs of
other sponsors, specifically activities sponsored by industry and foreign governments.
Accordingly, each allocation method used to
identify and allocate the indirect (F&A) cost
pools, as described in Sections A.2, Criteria
for distribution, and B.2 through B.9, must
contain the full amount of the institution’s
modified total costs or other appropriate
units of measurement used to make the computations. In addition, the final rate distribution base (as defined in subsection 2) for
each major function (organized research, instruction, etc., as described in Section A.1,
Major functions of an institution) must contain all the programs or activities which utilize the indirect (F&A) costs allocated to
that major function. At the time an indirect
(F&A) cost proposal is submitted to a cognizant agency for indirect costs, each institution must describe the process it uses to
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ensure that Federal funds are not used to
subsidize industry and foreign government
funded programs.
b. In some instances a single rate basis for
use across the board on all work within a
major function at an institution may not be
appropriate. A single rate for research, for
example, might not take into account those
different environmental factors and other
conditions which may affect substantially
the indirect (F&A) costs applicable to a particular segment of research at the institution. A particular segment of research may
be that performed under a single sponsored
agreement or it may consist of research
under a group of Federal awards performed
in a common environment. The environmental factors are not limited to the physical location of the work. Other important
factors are the level of the administrative
support required, the nature of the facilities
or other resources employed, the scientific
disciplines or technical skills involved, the
organizational arrangements used, or any
combination thereof. If a particular segment
of a sponsored agreement is performed within an environment which appears to generate
a significantly different level of indirect
(F&A) costs, provisions should be made for a
separate indirect (F&A) cost pool applicable
to such work. The separate indirect (F&A)
cost pool should be developed during the regular course of the rate determination process
and the separate indirect (F&A) cost rate resulting therefrom should be utilized; provided it is determined that (1) such indirect
(F&A) cost rate differs significantly from
that which would have been obtained under
subsection a, and (2) the volume of work to
which such rate would apply is material in
relation to other Federal awards at the institution.
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2. The Distribution Basis
Indirect (F&A) costs must be distributed to
applicable Federal awards and other benefitting activities within each major function
(see section A.1, Major functions of an institution) on the basis of modified total direct
costs (MTDC), consisting of all salaries and
wages, fringe benefits, materials and supplies, services, travel, and subgrants and subcontracts up to the first $25,000 of each
subaward (regardless of the period covered
by the subaward). MTDC is defined in § 200.68
Modified Total Direct Cost (MTDC). For this
purpose, an indirect (F&A) cost rate should
be determined for each of the separate indirect (F&A) cost pools developed pursuant to
subsection 1. The rate in each case should be
stated as the percentage which the amount
of the particular indirect (F&A) cost pool is
of the modified total direct costs identified
with such pool.
3. Negotiated Lump Sum for Indirect (F&A)
Costs
A negotiated fixed amount in lieu of indirect (F&A) costs may be appropriate for selfcontained, off-campus, or primarily subcontracted activities where the benefits derived
from an institution’s indirect (F&A) services
cannot be readily determined. Such negotiated indirect (F&A) costs will be treated as
an offset before allocation to instruction, organized research, other sponsored activities,
and other institutional activities. The base
on which such remaining expenses are allocated should be appropriately adjusted.
4. Predetermined Rates for Indirect (F&A) Costs
Public Law 87–638 (76 Stat. 437) as amended
(41 U.S.C. 4708) authorizes the use of predetermined rates in determining the ‘‘indirect costs’’ (indirect (F&A) costs) applicable
under research agreements with educational
institutions. The stated objectives of the law
are to simplify the administration of costtype research and development contracts (including grants) with educational institutions, to facilitate the preparation of their
budgets, and to permit more expeditious
closeout of such contracts when the work is
completed. In view of the potential advantages offered by this procedure, negotiation
of predetermined rates for indirect (F&A)
costs for a period of two to four years should
be the norm in those situations where the
cost experience and other pertinent facts
available are deemed sufficient to enable the
parties involved to reach an informed judgment as to the probable level of indirect
(F&A) costs during the ensuing accounting
periods.
5. Negotiated Fixed Rates and Carry-Forward
Provisions
When a fixed rate is negotiated in advance
for a fiscal year (or other time period), the
over- or under-recovery for that year may be
included as an adjustment to the indirect
(F&A) cost for the next rate negotiation.
When the rate is negotiated before the carryforward adjustment is determined, the carryforward amount may be applied to the next
subsequent rate negotiation. When such adjustments are to be made, each fixed rate negotiated in advance for a given period will be
computed by applying the expected indirect
(F&A) costs allocable to Federal awards for
the forecast period plus or minus the carryforward adjustment (over- or under-recovery)
from the prior period, to the forecast distribution base. Unrecovered amounts under
lump-sum agreements or cost-sharing provisions of prior years must not be carried forward for consideration in the new rate negotiation. There must, however, be an advance
understanding in each case between the institution and the cognizant agency for indirect costs as to whether these differences
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will be considered in the rate negotiation
rather than making the determination after
the differences are known. Further, institutions electing to use this carry-forward provision may not subsequently change without
prior approval of the cognizant agency for
indirect costs. In the event that an institution returns to a post-determined rate, any
over- or under-recovery during the period in
which negotiated fixed rates and carry-forward provisions were followed will be included in the subsequent post-determined
rates. Where multiple rates are used, the
same procedure will be applicable for determining each rate.
6. Provisional and Final Rates for Indirect
(F&A) Costs
Where the cognizant agency for indirect
costs determines that cost experience and
other pertinent facts do not justify the use
of predetermined rates, or a fixed rate with
a carry-forward, or if the parties cannot
agree on an equitable rate, a provisional rate
must be established. To prevent substantial
overpayment or underpayment, the provisional rate may be adjusted by the cognizant
agency for indirect costs during the institution’s fiscal year. Predetermined or fixed
rates may replace provisional rates at any
time prior to the close of the institution’s
fiscal year. If a provisional rate is not replaced by a predetermined or fixed rate prior
to the end of the institution’s fiscal year, a
final rate will be established and upward or
downward adjustments will be made based on
the actual allowable costs incurred for the
period involved.
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7. Fixed Rates for the Life of the Sponsored
Agreement
Federal agencies must use the negotiated
rates except as provided in paragraph (e) of
§ 200.414 Indirect (F&A) costs, must paragraph (b)(1) for indirect (F&A) costs in effect
at the time of the initial award throughout
the life of the Federal award. Award levels
for Federal awards may not be adjusted in
future years as a result of changes in negotiated rates. ‘‘Negotiated rates’’ per the rate
agreement include final, fixed, and predetermined rates and exclude provisional rates.
‘‘Life’’ for the purpose of this subsection
means each competitive segment of a
project. A competitive segment is a period of
years approved by the Federal awarding
agency at the time of the Federal award. If
negotiated rate agreements do not extend
through the life of the Federal award at the
time of the initial award, then the negotiated rate for the last year of the Federal
award must be extended through the end of
the life of the Federal award.
b. Except as provided in § 200.414 Indirect
(F&A) costs, when an educational institution
does not have a negotiated rate with the
Federal government at the time of an award
(because the educational institution is a new
recipient or the parties cannot reach agreement on a rate), the provisional rate used at
the time of the award must be adjusted once
a rate is negotiated and approved by the cognizant agency for indirect costs.
8. Limitation on Reimbursement of
Administrative Costs
a. Notwithstanding the provisions of subsection C.1.a, the administrative costs
charged to Federal awards awarded or
amended (including continuation and renewal awards) with effective dates beginning
on or after the start of the institution’s first
fiscal year which begins on or after October
1, 1991, must be limited to 26% of modified
total direct costs (as defined in subsection 2)
for the total of General Administration and
General Expenses, Departmental Administration, Sponsored Projects Administration,
and Student Administration and Services
(including their allocable share of depreciation, interest costs, operation and maintenance expenses, and fringe benefits costs, as
provided by Section B, Identification and assignment of indirect (F&A) costs, and all
other types of expenditures not listed specifically under one of the subcategories of facilities in Section B.
b. Institutions should not change their accounting or cost allocation methods if the effect is to change the charging of a particular
type of cost from F&A to direct, or to reclassify costs, or increase allocations from the
administrative pools identified in paragraph
B.1 of this Appendix to the other F&A cost
pools or fringe benefits. Cognizant agencies
for indirect cost are authorized to allow
changes where an institution’s charging
practices are at variance with acceptable
practices followed by a substantial majority
of other institutions.
9. Alternative Method for Administrative Costs
a. Notwithstanding the provisions of subsection 1.a, an institution may elect to claim
a fixed allowance for the ‘‘Administration’’
portion of indirect (F&A) costs. The allowance could be either 24% of modified total direct costs or a percentage equal to 95% of the
most recently negotiated fixed or predetermined rate for the cost pools included under
‘‘Administration’’ as defined in Section B.1,
whichever is less. Under this alternative, no
cost proposal need be prepared for the ‘‘Administration’’ portion of the indirect (F&A)
cost rate nor is further identification or documentation of these costs required (see subsection c). Where a negotiated indirect
(F&A) cost agreement includes this alternative, an institution must make no further
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charges for the expenditure categories described in Section B.5, General administration and general expenses, Section B.6, Departmental administration expenses, Section
B.7, Sponsored projects administration, and
Section B.9, Student administration and
services.
b. In negotiations of rates for subsequent
periods, an institution that has elected the
option of subsection a may continue to exercise it at the same rate without further identification or documentation of costs.
c. If an institution elects to accept a
threshold rate as defined in subsection a of
this section, it is not required to perform a
detailed analysis of its administrative costs.
However, in order to compute the facilities
components of its indirect (F&A) cost rate,
the institution must reconcile its indirect
(F&A) cost proposal to its financial statements and make appropriate adjustments
and reclassifications to identify the costs of
each major function as defined in Section
A.1, as well as to identify and allocate the facilities components. Administrative costs
that are not identified as such by the institution’s accounting system (such as those incurred in academic departments) will be
classified as instructional costs for purposes
of reconciling indirect (F&A) cost proposals
to financial statements and allocating facilities costs.
10. Individual Rate Components
In order to provide mutually agreed-upon
information for management purposes, each
indirect (F&A) cost rate negotiation or determination shall include development of a
rate for each indirect (F&A) cost pool as well
as the overall indirect (F&A) cost rate.
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11. Negotiation and Approval of Indirect (F&A)
Rate
a. Cognizant agency for indirect costs is
defined in Subpart A—Acronyms and Definitions.
(1) Cost negotiation cognizance is assigned
to the Department of Health and Human
Services (HHS) or the Department of Defense’s Office of Naval Research (DOD), normally depending on which of the two agencies (HHS or DOD) provides more funds to
the educational institution for the most recent three years. Information on funding
must be derived from relevant data gathered
by the National Science Foundation. In cases
where neither HHS nor DOD provides Federal funding to an educational institution,
the cognizant agency for indirect costs assignment must default to HHS. Notwithstanding the method for cognizance determination described in this section, other arrangements for cognizance of a particular
educational institution may also be based in
part on the types of research performed at
the educational institution and must be de-
cided based on mutual agreement between
HHS and DOD.
(2) After cognizance is established, it must
continue for a five-year period.
b. Acceptance of rates. See § 200.414 Indirect (F&A) costs.
c. Correcting deficiencies. The cognizant
agency for indirect costs must negotiate
changes needed to correct systems deficiencies relating to accountability for Federal awards. Cognizant agencies for indirect
costs must address the concerns of other affected agencies, as appropriate, and must negotiate special rates for Federal agencies
that are required to limit recovery of indirect costs by statute.
d. Resolving questioned costs. The cognizant agency for indirect costs must conduct any necessary negotiations with an educational institution regarding amounts questioned by audit that are due the Federal government related to costs covered by a negotiated agreement.
e. Reimbursement. Reimbursement to cognizant agencies for indirect costs for work
performed under this Part may be made by
reimbursement billing under the Economy
Act, 31 U.S.C. 1535.
f. Procedure for establishing facilities and
administrative rates must be established by
one of the following methods:
(1) Formal negotiation. The cognizant
agency for indirect costs is responsible for
negotiating and approving rates for an educational institution on behalf of all Federal
agencies. Non-cognizant Federal agencies for
indirect costs, which make Federal awards
to an educational institution, must notify
the cognizant agency for indirect costs of
specific concerns (i.e., a need to establish
special cost rates) which could affect the negotiation process. The cognizant agency for
indirect costs must address the concerns of
all interested agencies, as appropriate. A
pre-negotiation conference may be scheduled
among all interested agencies, if necessary.
The cognizant agency for indirect costs must
then arrange a negotiation conference with
the educational institution.
(2) Other than formal negotiation. The cognizant agency for indirect costs and educational institution may reach an agreement
on rates without a formal negotiation conference; for example, through correspondence or use of the simplified method described in this section D of this Appendix.
g. Formalizing determinations and agreements. The cognizant agency for indirect
costs must formalize all determinations or
agreements reached with an educational institution and provide copies to other agencies having an interest. Determinations
should include a description of any adjustments, the actual amount, both dollar and
percentage adjusted, and the reason for making adjustments.
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h. Disputes and disagreements. Where the
cognizant agency for indirect costs is unable
to reach agreement with an educational institution with regard to rates or audit resolution, the appeal system of the cognizant
agency for indirect costs must be followed
for resolution of the disagreement.
12. Standard Format for Submission
For facilities and administrative (indirect
(F&A)) rate proposals, educational institutions must use the standard format, shown
in section E of this appendix, to submit their
indirect (F&A) rate proposal to the cognizant agency for indirect costs. The cognizant agency for indirect costs may, on an
institution-by-institution basis, grant exceptions from all or portions of Part II of the
standard format requirement. This requirement does not apply to educational institutions that use the simplified method for calculating indirect (F&A) rates, as described in
Section D of this Appendix.
In order to provide mutually agreed upon
information for management purposes, each
F&A cost rate negotiation or determination
must include development of a rate for each
F&A cost pool as well as the overall F&A
rate.
D. SIMPLIFIED METHOD FOR SMALL
INSTITUTIONS
1. General
a. Where the total direct cost of work covered by this Part at an institution does not
exceed $10 million in a fiscal year, the simplified procedure described in subsections 2
or 3 may be used in determining allowable
indirect (F&A) costs. Under this simplified
procedure, the institution’s most recent annual financial report and immediately available supporting information must be utilized
as a basis for determining the indirect (F&A)
cost rate applicable to all Federal awards.
The institution may use either the salaries
and wages (see subsection 2) or modified
total direct costs (see subsection 3) as the
distribution basis.
b. The simplified procedure should not be
used where it produces results which appear
inequitable to the Federal government or the
institution. In any such case, indirect (F&A)
costs should be determined through use of
the regular procedure.
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2. Simplified Procedure—Salaries and Wages
Base
a. Establish the total amount of salaries
and wages paid to all employees of the institution.
b. Establish an indirect (F&A) cost pool
consisting of the expenditures (exclusive of
capital items and other costs specifically
identified as unallowable) which customarily
are classified under the following titles or
their equivalents:
(1) General administration and general expenses (exclusive of costs of student administration and services, student activities, student aid, and scholarships).
(2) Operation and maintenance of physical
plant and depreciation (after appropriate adjustment for costs applicable to other institutional activities).
(3) Library.
(4) Department administration expenses,
which will be computed as 20 percent of the
salaries and expenses of deans and heads of
departments.
In those cases where expenditures classified under subsection (1) have previously
been allocated to other institutional activities, they may be included in the indirect
(F&A) cost pool. The total amount of salaries and wages included in the indirect (F&A)
cost pool must be separately identified.
c. Establish a salary and wage distribution
base, determined by deducting from the total
of salaries and wages as established in subsection a from the amount of salaries and
wages included under subsection b.
d. Establish the indirect (F&A) cost rate,
determined by dividing the amount in the indirect (F&A) cost pool, subsection b, by the
amount of the distribution base, subsection
c.
e. Apply the indirect (F&A) cost rate to direct salaries and wages for individual agreements to determine the amount of indirect
(F&A) costs allocable to such agreements.
3. Simplified Procedure—Modified Total Direct
Cost Base
a. Establish the total costs incurred by the
institution for the base period.
b. Establish an indirect (F&A) cost pool
consisting of the expenditures (exclusive of
capital items and other costs specifically
identified as unallowable) which customarily
are classified under the following titles or
their equivalents:
(1) General administration and general expenses (exclusive of costs of student administration and services, student activities, student aid, and scholarships).
(2) Operation and maintenance of physical
plant and depreciation (after appropriate adjustment for costs applicable to other institutional activities).
(3) Library.
(4) Department administration expenses,
which will be computed as 20 percent of the
salaries and expenses of deans and heads of
departments. In those cases where expenditures classified under subsection (1) have
previously been allocated to other institutional activities, they may be included in the
indirect (F&A) cost pool. The modified total
direct costs amount included in the indirect
(F&A) cost pool must be separately identified.
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c. Establish a modified total direct cost
distribution base, as defined in Section C.2,
The distribution basis, that consists of all
institution’s direct functions.
d. Establish the indirect (F&A) cost rate,
determined by dividing the amount in the indirect (F&A) cost pool, subsection b, by the
amount of the distribution base, subsection
c.
e. Apply the indirect (F&A) cost rate to
the modified total direct costs for individual
agreements to determine the amount of indirect (F&A) costs allocable to such agreements.
E. DOCUMENTATION REQUIREMENTS
The standard format for documentation requirements for indirect (indirect (F&A)) rate
proposals for claiming costs under the regular method is available on the OMB Web
site
here:
http://www.whitehouse.gov/omb/
grantslforms.
F. CERTIFICATION
1. Certification of Charges
To assure that expenditures for Federal
awards are proper and in accordance with
the agreement documents and approved
project budgets, the annual and/or final fiscal reports or vouchers requesting payment
under the agreements will include a certification, signed by an authorized official of
the university, which reads ‘‘By signing this
report, I certify to the best of my knowledge
and belief that the report is true, complete,
and accurate, and the expenditures, disbursements and cash receipts are for the purposes
and intent set forth in the award documents.
I am aware that any false, fictitious, or
fraudulent information, or the omission of
any material fact, may subject me to criminal, civil or administrative penalties for
fraud, false statements, false claims or otherwise. (U.S. Code, Title 18, Section 1001 and
Title 31, Sections 3729–3733 and 3801–3812)’’.
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2. Certification of Indirect (F&A) Costs
a. Policy. Cognizant agencies must not accept a proposed indirect cost rate must unless such costs have been certified by the
educational institution using the Certificate
of indirect (F&A) Costs set forth in subsection F.2.c
b. The certificate must be signed on behalf
of the institution by the chief financial officer or an individual designated by an individual at a level no lower than vice president
or chief financial officer.
(1) No indirect (F&A) cost rate must be
binding upon the Federal government if the
most recent required proposal from the institution has not been certified. Where it is
necessary to establish indirect (F&A) cost
rates, and the institution has not submitted
a certified proposal for establishing such
rates in accordance with the requirements of
this section, the Federal government must
unilaterally establish such rates. Such rates
may be based upon audited historical data or
such other data that have been furnished to
the cognizant agency for indirect costs and
for which it can be demonstrated that all unallowable costs have been excluded. When indirect (F&A) cost rates are unilaterally established by the Federal government because
of failure of the institution to submit a certified proposal for establishing such rates in
accordance with this section, the rates established will be set at a level low enough to
ensure that potentially unallowable costs
will not be reimbursed.
c. Certificate. The certificate required by
this section must be in the following form:
CERTIFICATE OF INDIRECT (F&A) COSTS
This is to certify that to the best of my
knowledge and belief:
(1) I have reviewed the indirect (F&A) cost
proposal submitted herewith;
(2) All costs included in this proposal [identify date] to establish billing or final indirect (F&A) costs rate for [identify period
covered by rate] are allowable in accordance
with the requirements of the Federal agreement(s) to which they apply and with the
cost principles applicable to those agreements.
(3) This proposal does not include any costs
which are unallowable under applicable cost
principles such as (without limitation): public relations costs, contributions and donations, entertainment costs, fines and penalties, lobbying costs, and defense of fraud
proceedings; and
(4) All costs included in this proposal are
properly allocable to Federal agreements on
the basis of a beneficial or causal relationship between the expenses incurred and the
agreements to which they are allocated in
accordance with applicable requirements.
I declare that the foregoing is true and correct.
Institution of Higher Education:
Signature: llllllllllllllllll
Name of Official: llllllllllllll
Title: llllllllllllllllllll
Date of Execution: lllllllllllll
APPENDIX IV TO PART 200—INDIRECT
(F&A) COSTS IDENTIFICATION AND
ASSIGNMENT, AND RATE DETERMINATION
FOR
NONPROFIT ORGANIZATIONS
A. GENERAL
1. Indirect costs are those that have been
incurred for common or joint objectives and
cannot be readily identified with a particular final cost objective. Direct cost of
minor amounts may be treated as indirect
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costs under the conditions described in
§ 200.413 Direct costs paragraph (d) of this
Part. After direct costs have been determined and assigned directly to awards or
other work as appropriate, indirect costs are
those remaining to be allocated to benefitting cost objectives. A cost may not be allocated to a Federal award as an indirect cost
if any other cost incurred for the same purpose, in like circumstances, has been assigned to a Federal award as a direct cost.
‘‘Major nonprofit organizations’’ are defined in § 200.414 Indirect (F&A) costs. See indirect cost rate reporting requirements in
sections B.2.e and B.3.g of this Appendix.
B. ALLOCATION OF INDIRECT COSTS AND
DETERMINATION OF INDIRECT COST RATES
1. General
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a. If a nonprofit organization has only one
major function, or where all its major functions benefit from its indirect costs to approximately the same degree, the allocation
of indirect costs and the computation of an
indirect cost rate may be accomplished
through simplified allocation procedures, as
described in section B.2 of this Appendix.
b. If an organization has several major
functions which benefit from its indirect
costs in varying degrees, allocation of indirect costs may require the accumulation of
such costs into separate cost groupings
which then are allocated individually to benefitting functions by means of a base which
best measures the relative degree of benefit.
The indirect costs allocated to each function
are then distributed to individual Federal
awards and other activities included in that
function by means of an indirect cost rate(s).
c. The determination of what constitutes
an organization’s major functions will depend on its purpose in being; the types of
services it renders to the public, its clients,
and its members; and the amount of effort it
devotes to such activities as fundraising,
public information and membership activities.
d. Specific methods for allocating indirect
costs and computing indirect cost rates
along with the conditions under which each
method should be used are described in section B.2 through B.5 of this Appendix.
e. The base period for the allocation of indirect costs is the period in which such costs
are incurred and accumulated for allocation
to work performed in that period. The base
period normally should coincide with the organization’s fiscal year but, in any event,
must be so selected as to avoid inequities in
the allocation of the costs.
2. Simplified Allocation Method
a. Where an organization’s major functions
benefit from its indirect costs to approximately the same degree, the allocation of indirect costs may be accomplished by (i) sepa-
rating the organization’s total costs for the
base period as either direct or indirect, and
(ii) dividing the total allowable indirect
costs (net of applicable credits) by an equitable distribution base. The result of this
process is an indirect cost rate which is used
to distribute indirect costs to individual
Federal awards. The rate should be expressed
as the percentage which the total amount of
allowable indirect costs bears to the base selected. This method should also be used
where an organization has only one major
function encompassing a number of individual projects or activities, and may be
used where the level of Federal awards to an
organization is relatively small.
b. Both the direct costs and the indirect
costs must exclude capital expenditures and
unallowable costs. However, unallowable
costs which represent activities must be included in the direct costs under the conditions described in § 200.413 Direct costs, paragraph (e) of this Part.
c. The distribution base may be total direct costs (excluding capital expenditures
and other distorting items, such contracts or
subawards for $25,000 or more), direct salaries and wages, or other base which results in
an equitable distribution. The distribution
base must exclude participant support costs
as defined in § 200.75 Participant support
costs.
d. Except where a special rate(s) is required in accordance with section B.5 of this
Appendix, the indirect cost rate developed
under the above principles is applicable to
all Federal awards of the organization. If a
special rate(s) is required, appropriate modifications must be made in order to develop
the special rate(s).
e. For an organization that receives more
than $10 million in Federal funding of direct
costs in a fiscal year, a breakout of the indirect cost component into two broad categories, Facilities and Administration as defined in section A.3 of this Appendix, is required. The rate in each case must be stated
as the percentage which the amount of the
particular indirect cost category (i.e., Facilities or Administration) is of the distribution
base identified with that category.
3. Multiple Allocation Base Method
a. General. Where an organization’s indirect costs benefit its major functions in
varying degrees, indirect costs must be accumulated into separate cost groupings, as described in subparagraph b. Each grouping
must then be allocated individually to benefitting functions by means of a base which
best measures the relative benefits. The default allocation bases by cost pool are described in section B.3.c of this Appendix.
b. Identification of indirect costs. Cost
groupings must be established so as to permit the allocation of each grouping on the
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basis of benefits provided to the major functions. Each grouping must constitute a pool
of expenses that are of like character in
terms of functions they benefit and in terms
of the allocation base which best measures
the relative benefits provided to each function. The groupings are classified within the
two broad categories: ‘‘Facilities’’ and ‘‘Administration,’’ as described in section A.3 of
this Appendix. The indirect cost pools are defined as follows:
(1) Depreciation. The expenses under this
heading are the portion of the costs of the
organization’s buildings, capital improvements to land and buildings, and equipment
which are computed in accordance with
§ 200.436 Depreciation.
(2) Interest. Interest on debt associated
with certain buildings, equipment and capital improvements are computed in accordance with § 200.449 Interest.
(3) Operation and maintenance expenses.
The expenses under this heading are those
that have been incurred for the administration, operation, maintenance, preservation,
and protection of the organization’s physical
plant. They include expenses normally incurred for such items as: janitorial and utility services; repairs and ordinary or normal
alterations of buildings, furniture and equipment; care of grounds; maintenance and operation of buildings and other plant facilities; security; earthquake and disaster preparedness; environmental safety; hazardous
waste disposal; property, liability and other
insurance relating to property; space and
capital leasing; facility planning and management; and central receiving. The operation and maintenance expenses category
must also include its allocable share of
fringe benefit costs, depreciation, and interest costs.
(4) General administration and general expenses. The expenses under this heading are
those that have been incurred for the overall
general executive and administrative offices
of the organization and other expenses of a
general nature which do not relate solely to
any major function of the organization. This
category must also include its allocable
share of fringe benefit costs, operation and
maintenance expense, depreciation, and interest costs. Examples of this category include central offices, such as the director’s
office, the office of finance, business services, budget and planning, personnel, safety
and risk management, general counsel, management information systems, and library
costs.
In developing this cost pool, special care
should be exercised to ensure that costs incurred for the same purpose in like circumstances are treated consistently as either direct or indirect costs. For example,
salaries of technical staff, project supplies,
project publication, telephone toll charges,
computer costs, travel costs, and specialized
services costs must be treated as direct costs
wherever identifiable to a particular program. The salaries and wages of administrative and pooled clerical staff should normally be treated as indirect costs. Direct
charging of these costs may be appropriate
where a major project or activity explicitly
requires and budgets for administrative or
clerical services and other individuals involved can be identified with the program or
activity. Items such as office supplies, postage, local telephone costs, periodicals and
memberships should normally be treated as
indirect costs.
c. Allocation bases. Actual conditions
must be taken into account in selecting the
base to be used in allocating the expenses in
each grouping to benefitting functions. The
essential consideration in selecting a method
or a base is that it is the one best suited for
assigning the pool of costs to cost objectives
in accordance with benefits derived; a traceable cause and effect relationship; or logic
and reason, where neither the cause nor the
effect of the relationship is determinable.
When an allocation can be made by assignment of a cost grouping directly to the function benefitted, the allocation must be made
in that manner. When the expenses in a cost
grouping are more general in nature, the allocation must be made through the use of a
selected base which produces results that are
equitable to both the Federal government
and the organization. The distribution must
be made in accordance with the bases described herein unless it can be demonstrated
that the use of a different base would result
in a more equitable allocation of the costs,
or that a more readily available base would
not increase the costs charged to Federal
awards. The results of special cost studies
(such as an engineering utility study) must
not be used to determine and allocate the indirect costs to Federal awards.
(1) Depreciation. Depreciation expenses
must be allocated in the following manner:
(a) Depreciation on buildings used exclusively in the conduct of a single function,
and on capital improvements and equipment
used in such buildings, must be assigned to
that function.
(b) Depreciation on buildings used for more
than one function, and on capital improvements and equipment used in such buildings,
must be allocated to the individual functions
performed in each building on the basis of
usable square feet of space, excluding common areas, such as hallways, stairwells, and
restrooms.
(c) Depreciation on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories)
used jointly by more than one function (as
determined by the users of the space) must
be treated as follows. The cost of each jointly used unit of space must be allocated to
the benefitting functions on the basis of:
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(i) the employees and other users on a fulltime equivalent (FTE) basis or salaries and
wages of those individual functions benefitting from the use of that space; or
(ii) organization-wide employee FTEs or
salaries and wages applicable to the benefitting functions of the organization.
(d) Depreciation on certain capital improvements to land, such as paved parking
areas, fences, sidewalks, and the like, not included in the cost of buildings, must be allocated to user categories on a FTE basis and
distributed to major functions in proportion
to the salaries and wages of all employees
applicable to the functions.
(2) Interest. Interest costs must be allocated in the same manner as the depreciation on the buildings, equipment and capital
equipment to which the interest relates.
(3) Operation and maintenance expenses.
Operation and maintenance expenses must
be allocated in the same manner as the depreciation.
(4) General administration and general expenses. General administration and general
expenses must be allocated to benefitting
functions based on modified total costs
(MTC). The MTC is the modified total direct
costs (MTDC), as described in Subpart A—
Acronyms and Definitions of Part 200, plus
the allocated indirect cost proportion. The
expenses included in this category could be
grouped first according to major functions of
the organization to which they render services or provide benefits. The aggregate expenses of each group must then be allocated
to benefitting functions based on MTC.
d. Order of distribution.
(1) Indirect cost categories consisting of
depreciation, interest, operation and maintenance, and general administration and general expenses must be allocated in that order
to the remaining indirect cost categories as
well as to the major functions of the organization. Other cost categories should be allocated in the order determined to be most appropriate by the organization. This order of
allocation does not apply if cross allocation
of costs is made as provided in section B.3.d.2
of this Appendix.
(2) Normally, an indirect cost category will
be considered closed once it has been allocated to other cost objectives, and costs
must not be subsequently allocated to it.
However, a cross allocation of costs between
two or more indirect costs categories could
be used if such allocation will result in a
more equitable allocation of costs. If a cross
allocation is used, an appropriate modification to the composition of the indirect cost
categories is required.
e. Application of indirect cost rate or
rates. Except where a special indirect cost
rate(s) is required in accordance with section
B.5 of this Appendix, the separate groupings
of indirect costs allocated to each major
function must be aggregated and treated as a
common pool for that function. The costs in
the common pool must then be distributed to
individual Federal awards included in that
function by use of a single indirect cost rate.
f. Distribution basis. Indirect costs must
be distributed to applicable Federal awards
and other benefitting activities within each
major function on the basis of MTDC (see
definition in § 200.68 Modified Total Direct
Cost (MTDC) of Part 200.
g. Individual Rate Components. An indirect cost rate must be determined for each
separate indirect cost pool developed. The
rate in each case must be stated as the percentage which the amount of the particular
indirect cost pool is of the distribution base
identified with that pool. Each indirect cost
rate negotiation or determination agreement
must include development of the rate for
each indirect cost pool as well as the overall
indirect cost rate. The indirect cost pools
must be classified within two broad categories: ‘‘Facilities’’ and ‘‘Administration,’’
as described in section A.3 of this Appendix.
4. Direct Allocation Method
a. Some nonprofit organizations treat all
costs as direct costs except general administration and general expenses. These organizations generally separate their costs into
three basic categories: (i) General administration and general expenses, (ii) fundraising, and (iii) other direct functions (including projects performed under Federal
awards). Joint costs, such as depreciation,
rental costs, operation and maintenance of
facilities, telephone expenses, and the like
are prorated individually as direct costs to
each category and to each Federal award or
other activity using a base most appropriate
to the particular cost being prorated.
b. This method is acceptable, provided each
joint cost is prorated using a base which accurately measures the benefits provided to
each Federal award or other activity. The
bases must be established in accordance with
reasonable criteria, and be supported by current data. This method is compatible with
the Standards of Accounting and Financial
Reporting for Voluntary Health and Welfare
Organizations issued jointly by the National
Health Council, Inc., the National Assembly
of Voluntary Health and Social Welfare Organizations, and the United Way of America.
c. Under this method, indirect costs consist exclusively of general administration
and general expenses. In all other respects,
the organization’s indirect cost rates must
be computed in the same manner as that described in section B.2 Simplified allocation
method of this Appendix.
5. Special Indirect Cost Rates
In some instances, a single indirect cost
rate for all activities of an organization or
for each major function of the organization
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may not be appropriate, since it would not
take into account those different factors
which may substantially affect the indirect
costs applicable to a particular segment of
work. For this purpose, a particular segment
of work may be that performed under a single Federal award or it may consist of work
under a group of Federal awards performed
in a common environment. These factors
may include the physical location of the
work, the level of administrative support required, the nature of the facilities or other
resources employed, the scientific disciplines
or technical skills involved, the organizational arrangements used, or any combination thereof. When a particular segment of
work is performed in an environment which
appears to generate a significantly different
level of indirect costs, provisions should be
made for a separate indirect cost pool applicable to such work. The separate indirect
cost pool should be developed during the
course of the regular allocation process, and
the separate indirect cost rate resulting
therefrom should be used, provided it is determined that (i) the rate differs significantly from that which would have been obtained under sections B.2, B.3, and B.4 of this
Appendix, and (ii) the volume of work to
which the rate would apply is material.
C. NEGOTIATION AND APPROVAL OF INDIRECT
COST RATES
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1. Definitions
As used in this section, the following terms
have the meanings set forth in this section:
a. Cognizant agency for indirect costs means
the Federal agency responsible for negotiating and approving indirect cost rates for a
nonprofit organization on behalf of all Federal agencies.
b. Predetermined rate means an indirect cost
rate, applicable to a specified current or future period, usually the organization’s fiscal
year. The rate is based on an estimate of the
costs to be incurred during the period. A predetermined rate is not subject to adjustment.
c. Fixed rate means an indirect cost rate
which has the same characteristics as a predetermined rate, except that the difference
between the estimated costs and the actual
costs of the period covered by the rate is carried forward as an adjustment to the rate
computation of a subsequent period.
d. Final rate means an indirect cost rate
applicable to a specified past period which is
based on the actual costs of the period. A
final rate is not subject to adjustment.
e. Provisional rate or billing rate means a
temporary indirect cost rate applicable to a
specified period which is used for funding, interim reimbursement, and reporting indirect
costs on Federal awards pending the establishment of a final rate for the period.
f. Indirect cost proposal means the documentation prepared by an organization to
substantiate its claim for the reimbursement
of indirect costs. This proposal provides the
basis for the review and negotiation leading
to the establishment of an organization’s indirect cost rate.
g. Cost objective means a function, organizational subdivision, contract, Federal award,
or other work unit for which cost data are
desired and for which provision is made to
accumulate and measure the cost of processes, projects, jobs and capitalized projects.
2. Negotiation and Approval of Rates
a. Unless different arrangements are
agreed to by the Federal agencies concerned,
the Federal agency with the largest dollar
value of Federal awards with an organization
will be designated as the cognizant agency
for indirect costs for the negotiation and approval of the indirect cost rates and, where
necessary, other rates such as fringe benefit
and computer charge-out rates. Once an
agency is assigned cognizance for a particular nonprofit organization, the assignment will not be changed unless there is a
shift in the dollar volume of the Federal
awards to the organization for at least three
years. All concerned Federal agencies must
be given the opportunity to participate in
the negotiation process but, after a rate has
been agreed upon, it will be accepted by all
Federal agencies. When a Federal agency has
reason to believe that special operating factors affecting its Federal awards necessitate
special indirect cost rates in accordance
with section B.5 of this Appendix, it will,
prior to the time the rates are negotiated,
notify the cognizant agency for indirect
costs. (See also § 200.414 Indirect (F&A) costs
of Part 200.)
b. Except as otherwise provided in § 200.414
Indirect (F&A) costs paragraph (e) of this
Part, a nonprofit organization which has not
previously established an indirect cost rate
with a Federal agency must submit its initial indirect cost proposal immediately after
the organization is advised that a Federal
award will be made and, in no event, later
than three months after the effective date of
the Federal award.
c. Unless approved by the cognizant agency
for indirect costs in accordance with § 200.414
Indirect (F&A) costs paragraph (f) of this
Part, organizations that have previously established indirect cost rates must submit a
new indirect cost proposal to the cognizant
agency for indirect costs within six months
after the close of each fiscal year.
d. A predetermined rate may be negotiated
for use on Federal awards where there is reasonable assurance, based on past experience
and reliable projection of the organization’s
costs, that the rate is not likely to exceed a
rate based on the organization’s actual costs.
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e. Fixed rates may be negotiated where
predetermined rates are not considered appropriate. A fixed rate, however, must not be
negotiated if (i) all or a substantial portion
of the organization’s Federal awards are expected to expire before the carry-forward adjustment can be made; (ii) the mix of Federal
and non-Federal work at the organization is
too erratic to permit an equitable carry-forward adjustment; or (iii) the organization’s
operations fluctuate significantly from year
to year.
f. Provisional and final rates must be negotiated where neither predetermined nor fixed
rates are appropriate. Predetermined or
fixed rates may replace provisional rates at
any time prior to the close of the organization’s fiscal year. If that event does not
occur, a final rate will be established and upward or downward adjustments will be made
based on the actual allowable costs incurred
for the period involved.
g. The results of each negotiation must be
formalized in a written agreement between
the cognizant agency for indirect costs and
the nonprofit organization. The cognizant
agency for indirect costs must make available copies of the agreement to all concerned
Federal agencies.
h. If a dispute arises in a negotiation of an
indirect cost rate between the cognizant
agency for indirect costs and the nonprofit
organization, the dispute must be resolved in
accordance with the appeals procedures of
the cognizant agency for indirect costs.
i. To the extent that problems are encountered among the Federal agencies in connection with the negotiation and approval process, OMB will lend assistance as required to
resolve such problems in a timely manner.
D. Certification of Indirect (F&A) Costs
Required Certification. No proposal to establish indirect (F&A) cost rates must be acceptable unless such costs have been certified by the non-profit organization using
the Certificate of Indirect (F&A) Costs set
forth in section j. of this appendix. The certificate must be signed on behalf of the organization by an individual at a level no lower
than vice president or chief financial officer
for the organization.
j. Each indirect cost rate proposal must be
accompanied by a certification in the following form:
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Certificate of Indirect (F&A) Costs
This is to certify that to the best of my
knowledge and belief:
(1) I have reviewed the indirect (F&A) cost
proposal submitted herewith;
(2) All costs included in this proposal [identify date] to establish billing or final indirect (F&A) costs rate for [identify period
covered by rate] are allowable in accordance
with the requirements of the Federal awards
to which they apply and with Subpart E—
Cost Principles of Part 200.
(3) This proposal does not include any costs
which are unallowable under Subpart E—
Cost Principles of Part 200 such as (without
limitation): public relations costs, contributions and donations, entertainment costs,
fines and penalties, lobbying costs, and defense of fraud proceedings; and
(4) All costs included in this proposal are
properly allocable to Federal awards on the
basis of a beneficial or causal relationship
between the expenses incurred and the Federal awards to which they are allocated in
accordance with applicable requirements.
I declare that the foregoing is true and correct.
Nonprofit Organization: lllllllllll
Signature: llllllllllllllllll
Name of Official: llllllllllllll
Title: llllllllllllllllllll
Date of Execution: lllllllllllll
APPENDIX V TO PART 200—STATE/LOCAL
GOVERNMENT AND INDIAN TRIBEWIDE CENTRAL SERVICE COST ALLOCATION PLANS
A. GENERAL
1. Most governmental units provide certain
services, such as motor pools, computer centers, purchasing, accounting, etc., to operating agencies on a centralized basis. Since
federally-supported awards are performed
within the individual operating agencies,
there needs to be a process whereby these
central service costs can be identified and
assigned to benefitted activities on a reasonable and consistent basis. The central service
cost allocation plan provides that process.
All costs and other data used to distribute
the costs included in the plan should be supported by formal accounting and other
records that will support the propriety of the
costs assigned to Federal awards.
2. Guidelines and illustrations of central
service cost allocation plans are provided in
a brochure published by the Department of
Health and Human Services entitled ‘‘A
Guide for State, Local and Indian Tribal Governments: Cost Principles and Procedures for
Developing Cost Allocation Plans and Indirect
Cost Rates for Agreements with the Federal
Government.’’ A copy of this brochure may be
obtained from the Superintendent of Documents, U.S. Government Printing Office.
B. DEFINITIONS
1. Agency or operating agency means an organizational unit or sub-division within a
governmental unit that is responsible for the
performance or administration of Federal
awards or activities of the governmental
unit.
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2. Allocated central services means central
services that benefit operating agencies but
are not billed to the agencies on a fee-forservice or similar basis. These costs are allocated to benefitted agencies on some reasonable basis. Examples of such services might
include general accounting, personnel administration, purchasing, etc.
3. Billed central services means central services that are billed to benefitted agencies or
programs on an individual fee-for-service or
similar basis. Typical examples of billed central services include computer services,
transportation services, insurance, and
fringe benefits.
4. Cognizant agency for indirect costs is defined in § 200.19 Cognizant agency for indirect
costs of this Part. The determination of cognizant agency for indirect costs for states
and local governments is described in section
F.1, Negotiation and Approval of Central
Service Plans.
5. Major local government means local government that receives more than $100 million
in direct Federal awards subject to this Part.
C. SCOPE OF THE CENTRAL SERVICE COST
ALLOCATION PLANS
The central service cost allocation plan
will include all central service costs that
will be claimed (either as a billed or an allocated cost) under Federal awards and will be
documented as described in section E. Costs
of central services omitted from the plan
will not be reimbursed.
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D. SUBMISSION REQUIREMENTS
1. Each state will submit a plan to the Department of Health and Human Services for
each year in which it claims central service
costs under Federal awards. The plan should
include (a) a projection of the next year’s allocated central service cost (based either on
actual costs for the most recently completed
year or the budget projection for the coming
year), and (b) a reconciliation of actual allocated central service costs to the estimated
costs used for either the most recently completed year or the year immediately preceding the most recently completed year.
2. Each major local government is also required to submit a plan to its cognizant
agency for indirect costs annually.
3. All other local governments claiming
central service costs must develop a plan in
accordance with the requirements described
in this Part and maintain the plan and related supporting documentation for audit.
These local governments are not required to
submit their plans for Federal approval unless they are specifically requested to do so
by the cognizant agency for indirect costs.
Where a local government only receives
funds as a subrecipient, the pass-through entity will be responsible for monitoring the
subrecipient’s plan.
4. All central service cost allocation plans
will be prepared and, when required, submitted within six months prior to the beginning of each of the governmental unit’s fiscal years in which it proposes to claim central service costs. Extensions may be granted by the cognizant agency for indirect costs
on a case-by-case basis.
E. DOCUMENTATION REQUIREMENTS FOR
SUBMITTED PLANS
The documentation requirements described
in this section may be modified, expanded, or
reduced by the cognizant agency for indirect
costs on a case-by-case basis. For example,
the requirements may be reduced for those
central services which have little or no impact on Federal awards. Conversely, if a review of a plan indicates that certain additional information is needed, and will likely
be needed in future years, it may be routinely requested in future plan submissions.
Items marked with an asterisk (*) should be
submitted only once; subsequent plans
should merely indicate any changes since the
last plan.
1. General
All proposed plans must be accompanied by
the following: an organization chart sufficiently detailed to show operations including
the central service activities of the state/
local government whether or not they are
shown as benefitting from central service
functions; a copy of the Comprehensive Annual Financial Report (or a copy of the Executive Budget if budgeted costs are being proposed) to support the allowable costs of each
central service activity included in the plan;
and, a certification (see subsection 4.) that
the plan was prepared in accordance with
this Part, contains only allowable costs, and
was prepared in a manner that treated similar costs consistently among the various
Federal awards and between Federal and
non-Federal awards/activities.
2. Allocated Central Services
For each allocated central service, the
plan must also include the following: a brief
description of the service, an identification
of the unit rendering the service and the operating agencies receiving the service, the
items of expense included in the cost of the
service, the method used to distribute the
cost of the service to benefitted agencies,
and a summary schedule showing the allocation of each service to the specific benefitted
agencies. If any self-insurance funds or
fringe benefits costs are treated as allocated
(rather than billed) central services, documentation discussed in subsections 3.b. and
c. must also be included.
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3. Billed Services
a. General. The information described in
this section must be provided for all billed
central services, including internal service
funds, self-insurance funds, and fringe benefit funds.
b. Internal service funds.
(1) For each internal service fund or similar activity with an operating budget of $5
million or more, the plan must include: a
brief description of each service; a balance
sheet for each fund based on individual accounts contained in the governmental unit’s
accounting system; a revenue/expenses statement, with revenues broken out by source,
e.g., regular billings, interest earned, etc.; a
listing of all non-operating transfers (as defined by Generally Accepted Accounting
Principles (GAAP)) into and out of the fund;
a description of the procedures (methodology) used to charge the costs of each service to users, including how billing rates are
determined; a schedule of current rates; and,
a schedule comparing total revenues (including imputed revenues) generated by the service to the allowable costs of the service, as
determined under this Part, with an explanation of how variances will be handled.
(2) Revenues must consist of all revenues
generated by the service, including unbilled
and uncollected revenues. If some users were
not billed for the services (or were not billed
at the full rate for that class of users), a
schedule showing the full imputed revenues
associated with these users must be provided. Expenses must be broken out by object cost categories (e.g., salaries, supplies,
etc.).
c. Self-insurance funds. For each self-insurance fund, the plan must include: the fund
balance sheet; a statement of revenue and
expenses including a summary of billings
and claims paid by agency; a listing of all
non-operating transfers into and out of the
fund; the type(s) of risk(s) covered by the
fund (e.g., automobile liability, workers’
compensation, etc.); an explanation of how
the level of fund contributions are determined, including a copy of the current actuarial report (with the actuarial assumptions
used) if the contributions are determined on
an actuarial basis; and, a description of the
procedures used to charge or allocate fund
contributions to benefitted activities. Reserve levels in excess of claims (1) submitted
and adjudicated but not paid, (2) submitted
but not adjudicated, and (3) incurred but not
submitted must be identified and explained.
d. Fringe benefits. For fringe benefit costs,
the plan must include: a listing of fringe benefits provided to covered employees, and the
overall annual cost of each type of benefit;
current fringe benefit policies; and procedures used to charge or allocate the costs of
the benefits to benefitted activities. In addition, for pension and post-retirement health
insurance plans, the following information
must be provided: the governmental unit’s
funding policies, e.g., legislative bills, trust
agreements, or state-mandated contribution
rules, if different from actuarially determined rates; the pension plan’s costs accrued
for the year; the amount funded, and date(s)
of funding; a copy of the current actuarial
report (including the actuarial assumptions);
the plan trustee’s report; and, a schedule
from the activity showing the value of the
interest cost associated with late funding.
4. Required Certification
Each central service cost allocation plan
will be accompanied by a certification in the
following form:
CERTIFICATE OF COST ALLOCATION
PLAN
This is to certify that I have reviewed the
cost allocation plan submitted herewith and
to the best of my knowledge and belief:
(1) All costs included in this proposal [identify date] to establish cost allocations or billings for [identify period covered by plan] are
allowable in accordance with the requirements of this Part and the Federal award(s)
to which they apply. Unallowable costs have
been adjusted for in allocating costs as indicated in the cost allocation plan.
(2) All costs included in this proposal are
properly allocable to Federal awards on the
basis of a beneficial or causal relationship
between the expenses incurred and the Federal awards to which they are allocated in
accordance with applicable requirements.
Further, the same costs that have been
treated as indirect costs have not been
claimed as direct costs. Similar types of
costs have been accounted for consistently.
I declare that the foregoing is true and correct.
Governmental Unit: lllllllllllll
Signature: llllllllllllllllll
Name of Official: llllllllllllll
Title: llllllllllllllllllll
Date of Execution: lllllllllllll
F. NEGOTIATION AND APPROVAL OF CENTRAL
SERVICE PLANS
1. Federal Cognizant Agency for Indirect Costs
Assignments for Cost Negotiation
In general, unless different arrangements
are agreed to by the concerned Federal agencies, for central service cost allocation
plans, the cognizant agency responsible for
review and approval is the Federal agency
with the largest dollar value of total Federal
awards with a governmental unit. For indirect cost rates and departmental indirect
cost allocation plans, the cognizant agency
is the Federal agency with the largest dollar
value of direct Federal awards with a governmental unit or component, as appropriate.
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Once designated as the cognizant agency for
indirect costs, the Federal agency must remain so for a period of five years. In addition, the following Federal agencies continue
to be responsible for the indicated governmental entities:
Department of Health and Human Services—
Public assistance and state-wide cost allocation plans for all states (including the District of Columbia and Puerto Rico), state
and local hospitals, libraries and health districts.
Department of the Interior—Indian tribal
governments, territorial governments, and
state and local park and recreational districts.
Department of Labor—State and local labor
departments.
Department of Education—School districts
and state and local education agencies.
Department of Agriculture—State and local
agriculture departments.
Department of Transportation—State and
local airport and port authorities and transit
districts.
Department of Commerce—State and local
economic development districts.
Department of Housing and Urban Development—State and local housing and development districts.
Environmental Protection Agency—State and
local water and sewer districts.
complete or inaccurate. The results of the
negotiation must be made available to all
Federal agencies for their use.
4. Adjustments
Negotiated cost allocation plans based on a
proposal later found to have included costs
that: (a) are unallowable (i) as specified by
law or regulation, (ii) as identified in subpart
F, General Provisions for selected Items of
Cost of this Part, or (iii) by the terms and
conditions of Federal awards, or (b) are unallowable because they are clearly not allocable to Federal awards, must be adjusted, or
a refund must be made at the option of the
cognizant agency for indirect costs, including earned or imputed interest from the date
of transfer and debt interest, if applicable,
chargeable in accordance with applicable
Federal cognizant agency for indirect costs
regulations. Adjustments or cash refunds
may include, at the option of the cognizant
agency for indirect costs, earned or imputed
interest from the date of expenditure and delinquent debt interest, if applicable, chargeable in accordance with applicable cognizant
agency claims collection regulations. These
adjustments or refunds are designed to correct the plans and do not constitute a reopening of the negotiation.
G. OTHER POLICIES
2. Review
1. Billed Central Service Activities
All proposed central service cost allocation
plans that are required to be submitted will
be reviewed, negotiated, and approved by the
cognizant agency for indirect costs on a
timely basis. The cognizant agency for indirect costs will review the proposal within six
months of receipt of the proposal and either
negotiate/approve the proposal or advise the
governmental unit of the additional documentation needed to support/evaluate the
proposed plan or the changes required to
make the proposal acceptable. Once an
agreement with the governmental unit has
been reached, the agreement will be accepted
and used by all Federal agencies, unless prohibited or limited by statute. Where a Federal awarding agency has reason to believe
that special operating factors affecting its
Federal awards necessitate special consideration, the funding agency will, prior to the
time the plans are negotiated, notify the
cognizant agency for indirect costs.
Each billed central service activity must
separately account for all revenues (including imputed revenues) generated by the service, expenses incurred to furnish the service,
and profit/loss.
3. Agreement
3. Carry-Forward Adjustments of Allocated
Central Service Costs
The results of each negotiation must be
formalized in a written agreement between
the cognizant agency for indirect costs and
the governmental unit. This agreement will
be subject to re-opening if the agreement is
subsequently found to violate a statute or
the information upon which the plan was negotiated is later found to be materially in-
2. Working Capital Reserves
Internal service funds are dependent upon
a reasonable level of working capital reserve
to operate from one billing cycle to the next.
Charges by an internal service activity to
provide for the establishment and maintenance of a reasonable level of working capital reserve, in addition to the full recovery
of costs, are allowable. A working capital reserve as part of retained earnings of up to 60
calendar days cash expenses for normal operating purposes is considered reasonable. A
working capital reserve exceeding 60 calendar days may be approved by the cognizant agency for indirect costs in exceptional cases.
Allocated central service costs are usually
negotiated and approved for a future fiscal
year on a ‘‘fixed with carry-forward’’ basis.
Under this procedure, the fixed amounts for
the future year covered by agreement are
not subject to adjustment for that year.
However, when the actual costs of the year
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involved become known, the differences between the fixed amounts previously approved
and the actual costs will be carried forward
and used as an adjustment to the fixed
amounts established for a later year. This
‘‘carry-forward’’ procedure applies to all central services whose costs were fixed in the
approved plan. However, a carry-forward adjustment is not permitted, for a central service activity that was not included in the approved plan, or for unallowable costs that
must be reimbursed immediately.
4. Adjustments of Billed Central Services
Billing rates used to charge Federal awards
must be based on the estimated costs of providing the services, including an estimate of
the allocable central service costs. A comparison of the revenue generated by each
billed service (including total revenues
whether or not billed or collected) to the actual allowable costs of the service will be
made at least annually, and an adjustment
will be made for the difference between the
revenue and the allowable costs. These adjustments will be made through one of the
following adjustment methods: (a) a cash refund including earned or imputed interest
from the date of transfer and debt interest, if
applicable, chargeable in accordance with
applicable Federal cognizant agency for indirect costs regulations to the Federal Government for the Federal share of the adjustment, (b) credits to the amounts charged to
the individual programs, (c) adjustments to
future billing rates, or (d) adjustments to allocated central service costs. Adjustments to
allocated central services will not be permitted where the total amount of the adjustment for a particular service (Federal share
and non-Federal) share exceeds $500,000. Adjustment methods may include, at the option
of the cognizant agency, earned or imputed
interest from the date of expenditure and delinquent debt interest, if applicable, chargeable in accordance with applicable cognizant
agency claims collection regulations.
5. Records Retention
All central service cost allocation plans
and related documentation used as a basis
for claiming costs under Federal awards
must be retained for audit in accordance
with the records retention requirements contained in Subpart D—Post Federal Award
Requirements, of Part 200.
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6. Appeals
If a dispute arises in the negotiation of a
plan between the cognizant agency for indirect costs and the governmental unit, the
dispute must be resolved in accordance with
the appeals procedures of the cognizant
agency for indirect costs.
7. OMB Assistance
To the extent that problems are encountered among the Federal agencies or governmental units in connection with the negotiation and approval process, OMB will lend assistance, as required, to resolve such problems in a timely manner.
APPENDIX VI TO PART 200—PUBLIC
ASSISTANCE COST ALLOCATION PLANS
A. GENERAL
Federally-financed programs administered
by state public assistance agencies are funded predominately by the Department of
Health and Human Services (HHS). In support of its stewardship requirements, HHS
has published requirements for the development, documentation, submission, negotiation, and approval of public assistance cost
allocation plans in Subpart E of 45 CFR Part
95. All administrative costs (direct and indirect) are normally charged to Federal awards
by implementing the public assistance cost
allocation plan. This Appendix extends these
requirements to all Federal agencies whose
programs are administered by a state public
assistance agency. Major federally-financed
programs typically administered by state
public assistance agencies include: Temporary Aid to Needy Families (TANF), Medicaid, Food Stamps, Child Support Enforcement, Adoption Assistance and Foster Care,
and Social Services Block Grant.
B. DEFINITIONS
1. State public assistance agency means a
state agency administering or supervising
the administration of one or more public assistance programs operated by the state as
identified in Subpart E of 45 CFR Part 95.
For the purpose of this Appendix, these programs include all programs administered by
the state public assistance agency.
2. State public assistance agency costs means
all costs incurred by, or allocable to, the
state public assistance agency, except expenditures for financial assistance, medical
contractor payments, food stamps, and payments for services and goods provided directly to program recipients.
C. POLICY
State public assistance agencies will develop, document and implement, and the
Federal Government will review, negotiate,
and approve, public assistance cost allocation plans in accordance with Subpart E of 45
CFR Part 95. The plan will include all programs administered by the state public assistance agency. Where a letter of approval
or disapproval is transmitted to a state public assistance agency in accordance with
Subpart E, the letter will apply to all Federal agencies and programs. The remaining
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2 CFR Ch. II (1–1–14 Edition)
sections of this Appendix (except for the requirement for certification) summarize the
provisions of Subpart E of 45 CFR Part 95.
D. SUBMISSION, DOCUMENTATION, AND APPROVAL OF PUBLIC ASSISTANCE COST ALLOCATION PLANS
1. State public assistance agencies are required to promptly submit amendments to
the cost allocation plan to HHS for review
and approval.
2. Under the coordination process outlined
in section E, Review of Implementation of
Approved Plans, affected Federal agencies
will review all new plans and plan amendments and provide comments, as appropriate, to HHS. The effective date of the plan
or plan amendment will be the first day of
the calendar quarter following the event
that required the amendment, unless another date is specifically approved by HHS.
HHS, as the cognizant agency for indirect
costs acting on behalf of all affected Federal
agencies, will, as necessary, conduct negotiations with the state public assistance agency
and will inform the state agency of the action taken on the plan or plan amendment.
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E. REVIEW OF IMPLEMENTATION OF APPROVED
PLANS
1. Since public assistance cost allocation
plans are of a narrative nature, the review
during the plan approval process consists of
evaluating the appropriateness of the proposed groupings of costs (cost centers) and
the related allocation bases. As such, the
Federal government needs some assurance
that the cost allocation plan has been implemented as approved. This is accomplished by
reviews by the funding agencies, single audits, or audits conducted by the cognizant
audit agency.
2. Where inappropriate charges affecting
more than one funding agency are identified,
the cognizant HHS cost negotiation office
will be advised and will take the lead in resolving the issue(s) as provided for in Subpart E of 45 CFR Part 95.
3. If a dispute arises in the negotiation of
a plan or from a disallowance involving two
or more funding agencies, the dispute must
be resolved in accordance with the appeals
procedures set out in 45 CFR Part 16. Disputes involving only one funding agency will
be resolved in accordance with the Federal
awarding agency’s appeal process.
4. To the extent that problems are encountered among the Federal agencies or governmental units in connection with the negotiation and approval process, the Office of Management and Budget will lend assistance, as
required, to resolve such problems in a timely manner.
F. UNALLOWABLE COSTS
Claims developed under approved cost allocation plans will be based on allowable costs
as identified in this Part. Where unallowable
costs have been claimed and reimbursed,
they will be refunded to the program that reimbursed the unallowable cost using one of
the following methods: (a) a cash refund, (b)
offset to a subsequent claim, or (c) credits to
the amounts charged to individual Federal
awards. Cash refunds, offsets, and credits
may include at the option of the cognizant
agency for indirect cost, earned or imputed
interest from the date of expenditure and delinquent debt interest, if applicable, chargeable in accordance with applicable cognizant
agency for indirect cost claims collection
regulations.
APPENDIX VII TO PART 200—STATES AND
LOCAL GOVERNMENT AND INDIAN
TRIBE INDIRECT COST PROPOSALS
A. GENERAL
1. Indirect costs are those that have been
incurred for common or joint purposes.
These costs benefit more than one cost objective and cannot be readily identified with
a particular final cost objective without effort disproportionate to the results achieved.
After direct costs have been determined and
assigned directly to Federal awards and
other activities as appropriate, indirect costs
are those remaining to be allocated to benefitted cost objectives. A cost may not be allocated to a Federal award as an indirect
cost if any other cost incurred for the same
purpose, in like circumstances, has been assigned to a Federal award as a direct cost.
2. Indirect costs include (a) the indirect
costs originating in each department or
agency of the governmental unit carrying
out Federal awards and (b) the costs of central
governmental
services
distributed
through the central service cost allocation
plan (as described in Appendix V to Part
200—State/Local Government and Indian
Tribe-Wide Central Service Cost Allocation
Plans) and not otherwise treated as direct
costs.
3. Indirect costs are normally charged to
Federal awards by the use of an indirect cost
rate. A separate indirect cost rate(s) is usually necessary for each department or agency of the governmental unit claiming indirect costs under Federal awards. Guidelines
and illustrations of indirect cost proposals
are provided in a brochure published by the
Department of Health and Human Services
entitled ‘‘A Guide for States and Local Government Agencies: Cost Principles and Procedures
for Establishing Cost Allocation Plans and Indirect Cost Rates for Grants and Contracts with
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the Federal Government.’’ A copy of this brochure may be obtained from the Superintendent of Documents, U.S. Government
Printing Office.
4. Because of the diverse characteristics
and accounting practices of governmental
units, the types of costs which may be classified as indirect costs cannot be specified in
all situations. However, typical examples of
indirect costs may include certain state/
local-wide central service costs, general administration of the non-Federal entity accounting and personnel services performed
within the non-Federal entity, depreciation
on buildings and equipment, the costs of operating and maintaining facilities.
5. This Appendix does not apply to state
public assistance agencies. These agencies
should refer instead to Appendix VII to Part
200—States and Local Government and Indian Tribe Indirect Cost Proposals.
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B. DEFINITIONS
1. Base means the accumulated direct costs
(normally either total direct salaries and
wages or total direct costs exclusive of any
extraordinary or distorting expenditures)
used to distribute indirect costs to individual Federal awards. The direct cost base
selected should result in each Federal award
bearing a fair share of the indirect costs in
reasonable relation to the benefits received
from the costs.
2. Base period for the allocation of indirect
costs is the period in which such costs are incurred and accumulated for allocation to activities performed in that period. The base
period normally should coincide with the
governmental unit’s fiscal year, but in any
event, must be so selected as to avoid inequities in the allocation of costs.
3. Cognizant agency for indirect costs means
the Federal agency responsible for reviewing
and approving the governmental unit’s indirect cost rate(s) on the behalf of the Federal
government. The cognizant agency for indirect costs assignment is described in Appendix VI, section F, Negotiation and Approval
of Central Service Plans.
4. Final rate means an indirect cost rate applicable to a specified past period which is
based on the actual allowable costs of the period. A final audited rate is not subject to
adjustment.
5. Fixed rate means an indirect cost rate
which has the same characteristics as a predetermined rate, except that the difference
between the estimated costs and the actual,
allowable costs of the period covered by the
rate is carried forward as an adjustment to
the rate computation of a subsequent period.
6. Indirect cost pool is the accumulated
costs that jointly benefit two or more programs or other cost objectives.
7. Indirect cost rate is a device for determining in a reasonable manner the proportion of indirect costs each program should
bear. It is the ratio (expressed as a percentage) of the indirect costs to a direct cost
base.
8. Indirect cost rate proposal means the documentation prepared by a governmental unit
or subdivision thereof to substantiate its request for the establishment of an indirect
cost rate.
9. Predetermined rate means an indirect cost
rate, applicable to a specified current or future period, usually the governmental unit’s
fiscal year. This rate is based on an estimate
of the costs to be incurred during the period.
Except under very unusual circumstances, a
predetermined rate is not subject to adjustment. (Because of legal constraints, predetermined rates are not permitted for Federal contracts; they may, however, be used
for grants or cooperative agreements.) Predetermined rates may not be used by governmental units that have not submitted and
negotiated the rate with the cognizant agency for indirect costs. In view of the potential
advantages offered by this procedure, negotiation of predetermined rates for indirect
costs for a period of two to four years should
be the norm in those situations where the
cost experience and other pertinent facts
available are deemed sufficient to enable the
parties involved to reach an informed judgment as to the probable level of indirect
costs during the ensuing accounting periods.
10. Provisional rate means a temporary indirect cost rate applicable to a specified period
which is used for funding, interim reimbursement, and reporting indirect costs on Federal awards pending the establishment of a
‘‘final’’ rate for that period.
C. ALLOCATION OF INDIRECT COSTS AND
DETERMINATION OF INDIRECT COST RATES
1. General
a. Where a governmental unit’s department or agency has only one major function,
or where all its major functions benefit from
the indirect costs to approximately the same
degree, the allocation of indirect costs and
the computation of an indirect cost rate may
be accomplished through simplified allocation procedures as described in subsection 2.
b. Where a governmental unit’s department or agency has several major functions
which benefit from its indirect costs in varying degrees, the allocation of indirect costs
may require the accumulation of such costs
into separate cost groupings which then are
allocated individually to benefitted functions by means of a base which best measures the relative degree of benefit. The indirect costs allocated to each function are
then distributed to individual Federal
awards and other activities included in that
function by means of an indirect cost rate(s).
c. Specific methods for allocating indirect
costs and computing indirect cost rates
along with the conditions under which each
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method should be used are described in subsections 2, 3 and 4.
2. Simplified Method
a. Where a non-Federal entity’s major
functions benefit from its indirect costs to
approximately the same degree, the allocation of indirect costs may be accomplished
by (1) classifying the non-Federal entity’s
total costs for the base period as either direct or indirect, and (2) dividing the total allowable indirect costs (net of applicable
credits) by an equitable distribution base.
The result of this process is an indirect cost
rate which is used to distribute indirect
costs to individual Federal awards. The rate
should be expressed as the percentage which
the total amount of allowable indirect costs
bears to the base selected. This method
should also be used where a governmental
unit’s department or agency has only one
major function encompassing a number of individual projects or activities, and may be
used where the level of Federal awards to
that department or agency is relatively
small.
b. Both the direct costs and the indirect
costs must exclude capital expenditures and
unallowable costs. However, unallowable
costs must be included in the direct costs if
they represent activities to which indirect
costs are properly allocable.
c. The distribution base may be (1) total direct costs (excluding capital expenditures
and other distorting items, such as passthrough funds, subcontracts in excess of
$25,000, participant support costs, etc.), (2)
direct salaries and wages, or (3) another base
which results in an equitable distribution.
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3. Multiple Allocation Base Method
a. Where a non-Federal entity’s indirect
costs benefit its major functions in varying
degrees, such costs must be accumulated
into separate cost groupings. Each grouping
must then be allocated individually to benefitted functions by means of a base which
best measures the relative benefits.
b. The cost groupings should be established
so as to permit the allocation of each grouping on the basis of benefits provided to the
major functions. Each grouping should constitute a pool of expenses that are of like
character in terms of the functions they benefit and in terms of the allocation base
which best measures the relative benefits
provided to each function. The number of
separate groupings should be held within
practical limits, taking into consideration
the materiality of the amounts involved and
the degree of precision needed.
c. Actual conditions must be taken into account in selecting the base to be used in allocating the expenses in each grouping to benefitted functions. When an allocation can be
made by assignment of a cost grouping di-
rectly to the function benefitted, the allocation must be made in that manner. When the
expenses in a grouping are more general in
nature, the allocation should be made
through the use of a selected base which produces results that are equitable to both the
Federal government and the governmental
unit. In general, any cost element or related
factor associated with the governmental
unit’s activities is potentially adaptable for
use as an allocation base provided that: (1) it
can readily be expressed in terms of dollars
or other quantitative measures (total direct
costs, direct salaries and wages, staff hours
applied, square feet used, hours of usage,
number of documents processed, population
served, and the like), and (2) it is common to
the benefitted functions during the base period.
d. Except where a special indirect cost
rate(s) is required in accordance with paragraph (C)(4) of this Appendix, the separate
groupings of indirect costs allocated to each
major function must be aggregated and
treated as a common pool for that function.
The costs in the common pool must then be
distributed to individual Federal awards included in that function by use of a single indirect cost rate.
e. The distribution base used in computing
the indirect cost rate for each function may
be (1) total direct costs (excluding capital expenditures and other distorting items such
as pass-through funds, subcontracts in excess
of $25,000, participant support costs, etc.), (2)
direct salaries and wages, or (3) another base
which results in an equitable distribution.
An indirect cost rate should be developed for
each separate indirect cost pool developed.
The rate in each case should be stated as the
percentage relationship between the particular indirect cost pool and the distribution base identified with that pool.
4. Special Indirect Cost Rates
a. In some instances, a single indirect cost
rate for all activities of a non-Federal entity
or for each major function of the agency may
not be appropriate. It may not take into account those different factors which may substantially affect the indirect costs applicable
to a particular program or group of programs. The factors may include the physical
location of the work, the level of administrative support required, the nature of the facilities or other resources employed, the organizational arrangements used, or any combination thereof. When a particular Federal
award is carried out in an environment
which appears to generate a significantly
different level of indirect costs, provisions
should be made for a separate indirect cost
pool applicable to that Federal award. The
separate indirect cost pool should be developed during the course of the regular allocation process, and the separate indirect cost
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rate resulting therefrom should be used, provided that: (1) The rate differs significantly
from the rate which would have been developed under paragraphs (C)(2) and (C)(3) of
this Appendix, and (2) the Federal award to
which the rate would apply is material in
amount.
b. Where Federal statutes restrict the reimbursement of certain indirect costs, it
may be necessary to develop a special rate
for the affected Federal award. Where a ‘‘restricted rate’’ is required, the same procedure for developing a non-restricted rate will
be used except for the additional step of the
elimination from the indirect cost pool those
costs for which the law prohibits reimbursement.
D. SUBMISSION AND DOCUMENTATION OF
PROPOSALS
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1. Submission of Indirect Cost Rate Proposals
a. All departments or agencies of the governmental unit desiring to claim indirect
costs under Federal awards must prepare an
indirect cost rate proposal and related documentation to support those costs. The proposal and related documentation must be retained for audit in accordance with the
records retention requirements contained in
the Common Rule.
b. A governmental department or agency
unit that receives more than $35 million in
direct Federal funding must submit its indirect cost rate proposal to its cognizant agency for indirect costs. Other governmental department or agency must develop an indirect
cost proposal in accordance with the requirements of this Part and maintain the proposal
and related supporting documentation for
audit. These governmental departments or
agencies are not required to submit their
proposals unless they are specifically requested to do so by the cognizant agency for
indirect costs. Where a non-Federal entity
only receives funds as a subrecipient, the
pass-through entity will be responsible for
negotiating and/or monitoring the subrecipient’s indirect costs.
c. Each Indian tribal government desiring
reimbursement of indirect costs must submit
its indirect cost proposal to the Department
of the Interior (its cognizant agency for indirect costs).
d. Indirect cost proposals must be developed (and, when required, submitted) within
six months after the close of the governmental unit’s fiscal year, unless an exception
is approved by the cognizant agency for indirect costs. If the proposed central service
cost allocation plan for the same period has
not been approved by that time, the indirect
cost proposal may be prepared including an
amount for central services that is based on
the latest federally-approved central service
cost allocation plan. The difference between
these central service amounts and the
amounts ultimately approved will be compensated for by an adjustment in a subsequent period.
2. Documentation of Proposals
The following must be included with each
indirect cost proposal:
a. The rates proposed, including subsidiary
work sheets and other relevant data, cross
referenced and reconciled to the financial
data noted in subsection b. Allocated central
service costs will be supported by the summary table included in the approved central
service cost allocation plan. This summary
table is not required to be submitted with
the indirect cost proposal if the central service cost allocation plan for the same fiscal
year has been approved by the cognizant
agency for indirect costs and is available to
the funding agency.
b. A copy of the financial data (financial
statements, comprehensive annual financial
report, executive budgets, accounting reports, etc.) upon which the rate is based. Adjustments resulting from the use of
unaudited data will be recognized, where appropriate, by the Federal cognizant agency
for indirect costs in a subsequent proposal.
c. The approximate amount of direct base
costs incurred under Federal awards. These
costs should be broken out between salaries
and wages and other direct costs.
d. A chart showing the organizational
structure of the agency during the period for
which the proposal applies, along with a
functional statement(s) noting the duties
and/or responsibilities of all units that comprise the agency. (Once this is submitted,
only revisions need be submitted with subsequent proposals.)
3. Required certification.
Each indirect cost rate proposal must be
accompanied by a certification in the following form:
CERTIFICATE OF INDIRECT COSTS
This is to certify that I have reviewed the
indirect cost rate proposal submitted herewith and to the best of my knowledge and
belief:
(1) All costs included in this proposal [identify date] to establish billing or final indirect costs rates for [identify period covered
by rate] are allowable in accordance with the
requirements of the Federal award(s) to
which they apply and the provisions of this
Part. Unallowable costs have been adjusted
for in allocating costs as indicated in the indirect cost proposal
(2) All costs included in this proposal are
properly allocable to Federal awards on the
basis of a beneficial or causal relationship
between the expenses incurred and the agreements to which they are allocated in accordance with applicable requirements. Further,
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the same costs that have been treated as indirect costs have not been claimed as direct
costs. Similar types of costs have been accounted for consistently and the Federal
government will be notified of any accounting changes that would affect the predetermined rate.
I declare that the foregoing is true and correct.
Governmental Unit: lllllllllllll
Signature: llllllllllllllllll
Name of Official: llllllllllllll
Title: llllllllllllllllllll
Date of Execution: lllllllllllll
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E. NEGOTIATION AND APPROVAL OF RATES.
1. Indirect cost rates will be reviewed, negotiated, and approved by the cognizant
agency on a timely basis. Once a rate has
been agreed upon, it will be accepted and
used by all Federal agencies unless prohibited or limited by statute. Where a Federal
awarding agency has reason to believe that
special operating factors affecting its Federal awards necessitate special indirect cost
rates, the funding agency will, prior to the
time the rates are negotiated, notify the cognizant agency for indirect costs.
2. The use of predetermined rates, if allowed, is encouraged where the cognizant
agency for indirect costs has reasonable assurance based on past experience and reliable projection of the non-Federal entity’s
costs, that the rate is not likely to exceed a
rate based on actual costs. Long-term agreements utilizing predetermined rates extending over two or more years are encouraged,
where appropriate.
3. The results of each negotiation must be
formalized in a written agreement between
the cognizant agency for indirect costs and
the governmental unit. This agreement will
be subject to re-opening if the agreement is
subsequently found to violate a statute, or
the information upon which the plan was negotiated is later found to be materially incomplete or inaccurate. The agreed upon
rates must be made available to all Federal
agencies for their use.
4. Refunds must be made if proposals are
later found to have included costs that (a)
are unallowable (i) as specified by law or regulation, (ii) as identified in § 200.420 Considerations for selected items of cost, of this Part,
or (iii) by the terms and conditions of Federal awards, or (b) are unallowable because
they are clearly not allocable to Federal
awards. These adjustments or refunds will be
made regardless of the type of rate negotiated (predetermined, final, fixed, or provisional).
F. OTHER POLICIES
1. Fringe Benefit Rates
If overall fringe benefit rates are not approved for the governmental unit as part of
the central service cost allocation plan,
these rates will be reviewed, negotiated and
approved for individual recipient agencies
during the indirect cost negotiation process.
In these cases, a proposed fringe benefit rate
computation should accompany the indirect
cost proposal. If fringe benefit rates are not
used at the recipient agency level (i.e., the
agency specifically identifies fringe benefit
costs to individual employees), the governmental unit should so advise the cognizant
agency for indirect costs.
2. Billed Services Provided by the Recipient
Agency
In some cases, governmental departments
or agencies (components of the governmental unit) provide and bill for services
similar to those covered by central service
cost allocation plans (e.g., computer centers). Where this occurs, the governmental
departments or agencies (components of the
governmental unit)should be guided by the
requirements in Appendix VI relating to the
development of billing rates and documentation requirements, and should advise the
cognizant agency for indirect costs of any
billed services. Reviews of these types of
services (including reviews of costing/billing
methodology, profits or losses, etc.) will be
made on a case-by-case basis as warranted by
the circumstances involved.
3. Indirect Cost Allocations Not Using Rates
In certain situations, governmental departments or agencies (components of the
governmental unit), because of the nature of
their Federal awards, may be required to develop a cost allocation plan that distributes
indirect (and, in some cases, direct) costs to
the specific funding sources. In these cases, a
narrative
cost
allocation
methodology
should be developed, documented, maintained for audit, or submitted, as appropriate, to the cognizant agency for indirect
costs for review, negotiation, and approval.
4. Appeals
If a dispute arises in a negotiation of an indirect cost rate (or other rate) between the
cognizant agency for indirect costs and the
governmental unit, the dispute must be resolved in accordance with the appeals procedures of the cognizant agency for indirect
costs.
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OMB Guidance
Pt. 200, App. XI
5. Collection of Unallowable Costs and
Erroneous Payments
Costs specifically identified as unallowable
and charged to Federal awards either directly or indirectly will be refunded (including interest chargeable in accordance with
applicable Federal cognizant agency for indirect costs regulations).
6. OMB Assistance
To the extent that problems are encountered among the Federal agencies or governmental units in connection with the negotiation and approval process, OMB will lend assistance, as required, to resolve such problems in a timely manner.
APPENDIX VIII TO PART 200—NONPROFIT
ORGANIZATIONS EXEMPTED FROM
SUBPART E—COST PRINCIPLES OF
PART 200
Advance Technology Institute (ATI),
Charleston, South Carolina
2. Aerospace Corporation, El Segundo, California
3. American Institutes of Research (AIR),
Washington, DC
4. Argonne National Laboratory, Chicago, Illinois
5. Atomic Casualty Commission, Washington, DC
6.
Battelle
Memorial
Institute,
Headquartered in Columbus, Ohio
7. Brookhaven National Laboratory, Upton,
New York
8. Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts
9. CNA Corporation (CNAC), Alexandria, Virginia
10. Environmental Institute of Michigan,
Ann Arbor, Michigan
11. Georgia Institute of Technology/Georgia
Tech Applied Research Corporation/Georgia Tech Research Institute, Atlanta,
Georgia
12. Hanford Environmental Health Foundation, Richland, Washington
13. IIT Research Institute, Chicago, Illinois
14. Institute of Gas Technology, Chicago, Illinois
15. Institute for Defense Analysis, Alexandria, Virginia
16. LMI, McLean, Virginia
17. Mitre Corporation, Bedford, Massachusetts
18. Noblis, Inc., Falls Church, Virginia
wreier-aviles on DSK5TPTVN1PROD with CFR
1.
19. National Radiological Astronomy Observatory, Green Bank, West Virginia
20. National Renewable Energy Laboratory,
Golden, Colorado
21. Oak Ridge Associated Universities, Oak
Ridge, Tennessee
22. Rand Corporation, Santa Monica, California
23. Research Triangle Institute, Research
Triangle Park, North Carolina
24. Riverside Research Institute, New York,
New York
25. South Carolina Research Authority
(SCRA), Charleston, South Carolina
26. Southern Research Institute, Birmingham, Alabama
27. Southwest Research Institute, San Antonio, Texas
28. SRI International, Menlo Park, California
29. Syracuse Research Corporation, Syracuse, New York
30. Universities Research Association, Incorporated (National Acceleration Lab), Argonne, Illinois
31. Urban Institute, Washington DC
32. Non-profit insurance companies, such as
Blue Cross and Blue Shield Organizations
33. Other non-profit organizations as negotiated with Federal awarding agencies
APPENDIX IX TO PART 200—HOSPITAL
COST PRINCIPLES
Based on initial feedback, OMB proposes to
establish a review process to consider existing hospital cost determine how best to update and align them with this Part. Until
such time as revised guidance is proposed
and implemented for hospitals, the existing
principles located at 45 CFR Part 74 Appendix E, entitled ‘‘Principles for Determining
Cost Applicable to Research and Development Under Grants and Contracts with Hospitals,’’ remain in effect.
APPENDIX X TO PART 200—DATA
COLLECTION FORM (FORM SF–SAC)
The Data Collection Form SF–SAC is
available on the FAC Web site.
APPENDIX XI TO PART 200—COMPLIANCE
SUPPLEMENT
The compliance supplement is available on
the OMB Web site: (e.g. for 2013 here http://
www.whitehouse.gov/omb/circulars/)
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| File Type | application/pdf |
| File Modified | 2020-01-30 |
| File Created | 2020-01-30 |