2 C.F.R. Subpart B—Introduction to Subtitle A


Title 2 - Grants and Agreements

Title 2: Grants and Agreements
PART 1—ABOUT TITLE 2 OF THE CODE OF FEDERAL REGULATIONS AND SUBTITLE A

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Subpart B—Introduction to Subtitle A

§ 1.200   Purpose of chapters I and II.

(a) Chapters I and II of subtitle A provide OMB guidance to Federal agencies that helps ensure consistent and uniform government-wide policies and procedures for management of the agencies' grants and agreements.

(b) There are two chapters for publication of the guidance because portions of it may be revised as a result of ongoing efforts to streamline and simplify requirements for the award and administration of grants and other financial assistance (and thereby implement the Federal Financial Assistance Management Improvement Act of 1999, Pub. L. 106–107).

(c) The OMB guidance in its initial form—before completion of revisions described in paragraph (b) of this section—is published in chapter II of this subtitle. When revisions to a part of the guidance are finalized, that part is published in chapter I and removed from chapter II.

§ 1.205   Applicability to grants and other funding instruments.

The types of instruments that are subject to the guidance in this subtitle vary from one portion of the guidance to another (note that each part identifies the types of instruments to which it applies). All portions of the guidance apply to grants and cooperative agreements, some portions also apply to other types of financial assistance or nonprocurement instruments, and some portions also apply to procurement contracts. For example, the:

(a) Guidance on debarment and suspension in part 180 of this subtitle applies broadly to all financial assistance and other nonprocurement transactions, and not just to grants and cooperative agreements.

(b) Cost principles in parts 220, 225 and 230 of this subtitle apply to procurement contracts, as well as to financial assistance, although those principles are implemented for procurement contracts through the Federal Acquisition Regulation in Title 48 of the CFR, rather than through Federal agency regulations on grants and agreements in this title.

[70 FR 51863, Aug. 31, 2005]

§ 1.210   Applicability to Federal agencies and others.

(a) This subtitle contains guidance that directly applies only to Federal agencies.

(b) The guidance in this subtitle may affect others through each Federal agency's implementation of the guidance, portions of which may apply to—

(1) The agency's awarding or administering officials;

(2) Non-Federal entities that receive or apply for the agency's grants or agreements or receive subawards under those grants or agreements; or

(3) Any other entities involved in agency transactions subject to the guidance in this chapter.

§ 1.215   Relationship to previous issuances.

Although some of the guidance was organized differently within OMB circulars or other documents, much of the guidance in this subtitle existed prior to the establishment of title 2 of the CFR. Specifically:

 ------------------------------------------------------------------------                                                     Previously was in .      Guidance in . . .             On . . .                 . .------------------------------------------------------------------------(a) Chapter I, part 180.....  Nonprocurement        OMB guidance that                               debarment and         conforms with the                               suspension.           government-wide                                                     common rule (see 60                                                     FR 33036, June 26,                                                     1995).(b) Chapter II, part 215....  Administrative        OMB Circular A-110.                               requirements for                               grants and                               agreements.(c) Chapter II, part 220....  Cost principles for   OMB Circular A-21.                               educational                               institutions.(d) Chapter II, part 225....  Cost principles for   OMB Circular A-87.                               State, local, and                               Indian tribal                               governments.(e) Chapter II, part 230....  Cost principles for   OMB Circular A-122.                               non-profit                               organizations.(f) [Reserved]                                      ....................------------------------------------------------------------------------

[70 FR 51863, Aug. 31, 2005]

§ 1.220   Federal agency implementation of this subtitle.

A Federal agency that awards grants and agreements subject to the guidance in this subtitle implements the guidance in agency regulations in subtitle B of this title and/or in policy and procedural issuances, such as internal instructions to the agency's awarding and administering officials. An applicant or recipient would see the effect of that implementation in the organization and content of the agency's announcements of funding opportunities and in its award terms and conditions.

§ 1.230   Maintenance of this subtitle.

OMB issues guidance in this subtitle after publication in the Federal Register. Any portion of the guidance that has a potential impact on the public is published with an opportunity for public comment.

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