Be Aware of the Full Cast of Parts Included in Title 2

Jerry Ashworth
October 15, 2024 at 13:33:19 ET
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Although the actors may receive all the main notoriety when performing in a stage production, there are many others whose efforts contribute to the success of the show, including the directors, stage hands, lighting and sound technicians on down the theater administrative staff. The same holds true for the revisions to Title 2 that became effective for new awards and modifications to existing awards on Oct. 1. While most stakeholder interest and discussion may focus on the Office of Management and Budget’s (OMB) revisions to the uniform guidance (2 C.F.R. Part 200), other Title 2 provisions also were revised, and recipients and subrecipients should be aware of these changes.

These Title 2 sections, other than the uniform guidance, are:

  • Part 1 — About Title 2 of the Code of Federal Regulations and Subtitle A;
  • Part 25 — Universal Identifier and System for Award Management;
  • Part 170 — Reporting Subaward and Executive Compensation Information;
  • Part 175 — Award Term for Trafficking in Persons;
  • Part 176 — Award Terms for Assistance Agreements that Include Funds Under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5;
  • Part 180 — OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement);
  • Part 182 — Governmentwide Requirements for Drug-Free Workplace (Financial Assistance);
  • Part 183 — Never Contract with the Enemy; and
  • Part 184 — Buy America Preferences for Infrastructure Projects.

One revision of note, OMB in §25.105 adds new language to clarify that applicants, recipients and first-tier subrecipients are required to obtain a unique entity identifier (UEI) in accordance with Subpart C of Part 25. Subpart C states that a recipient may not make a subaward to a subrecipient that has not obtained a UEI and provided it to the recipient, although subrecipients are not required to complete full registration in SAM.gov to obtain a UEI. Together with stating that the requirement to obtain a UEI does not apply to an individual who applies for and receives assistance, OMB adds that it also does not apply to second-tier subrecipients or contractors under federal awards.

In addition, although provisions in §25.110 allow federal agencies to exempt an applicant or recipient from the requirement to obtain a UEI, register in SAM.gov or both, new language clarifies that even if a federal agency grants such an exception, it is still responsible for reporting under the Federal Funding Accountability and Transparency Act (FFATA) (Pub. L. 109-282), as amended, except that it may use a generic entity identifier in such a circumstance.

Concerning Part 170, OMB makes a key update at §170.200(a), noting that federal agencies “must publicly report federal awards that equal or exceed the micropurchase threshold (see §200.1). Federal agencies must publish the required federal award information on USAspending.gov in accordance with the guidance provided by OMB and the U.S. Department of the Treasury’s Government-wide Spending Data Model (GSDM).” It also simplifies language at §170.200(b) to state that federal agencies “should ensure that their agency-specific requirements do not require recipients to submit data that is the same as or similar to data required by the Transparency Act during a given reporting period.”

Among the revisions at Part 180, which is in a question-and-answer format, OMB has deleted the question and response at §180.35 asking when a federal agency must implement guidance at Part 180. It also has reworded the questions and answers at §180.635 and §180.640 to now read as follows:

  • §180.635 May a federal agency resolve an administrative action in lieu of debarment or suspension? Yes. A federal agency may resolve an administrative action in lieu of debarment or suspension by entering into an agreement at any time if it is in the federal government’s best interest.
  • §180.640 May an agreement to resolve an administrative action include a voluntary exclusion? Yes. If a federal agency enters into an agreement to resolve an administrative action with you in which you agree to be excluded, it is called a voluntary exclusion and has a governmentwide effect.

Thompson subscribers should be aware that we addressed many of the changes to these part of Title 2 in a May 2024 article here. We have also recently updated the Grants Compliance Expert’s Guidance and Regulations section to update all of the Title 2 provisions based on the 2024 revisions. Make sure to be aware of these changes as they all play a part in grants administration. Now that the Oct. 1 effective date has come, on with the show!

Join us for our following Thompson Grants event:
Federal Grants Forum: Navigating the 2024 Uniform Guidance Changes | Oct. 29-30, 2024 | Virtual Event
Thompson Grants Workshop: Subrecipient Monitoring |Nov. 13, 2024 | Virtual Event