TITLE 2 - GRANTS AND AGREEMENTS

SUBTITLE A - OFFICE OF MANAGEMENT AND BUDGET GUIDANCE FOR GRANTS AND AGREEMENTS

CHAPTER II - OFFICE OF MANAGEMENT AND BUDGET CIRCULARS AND GUIDANCE

PART 215 - UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON - PROFIT ORGANIZATIONS (OMB CIRCULAR A - 110)

215.0 - About this part.

  (a) Purpose. This part contains OMB guidance to Federal agencies on the administration of grants to and agreements with institutions of higher education, hospitals, and other non-profit organizations. The guidance sets forth standards for obtaining consistency and uniformity in the agencies' administration of those grants and agreements.

  (b) Applicability. (1) Except as provided herein, the standards set forth in this part are applicable to all Federal agencies. If any statute specifically prescribes policies or specific requirements that differ from the standards provided in this part, the provisions of the statute shall govern.

  (2) The provisions of subparts A through D of this part shall be applied by Federal agencies to recipients. Recipients shall apply the provisions of those subparts to subrecipients performing substantive work under grants and agreements that are passed through or awarded by the primary recipient, if such subrecipients are organizations described in paragraph (a) of this section.

  (3) This part does not apply to grants, contracts, or other agreements between the Federal Government and units of State or local governments covered by OMB Circular A102, Grants and Cooperative Agreements with State and Local Governments 1 and the Federal agencies' grants management common rule (see 215.5) which standardize the administrative requirements Federal agencies impose on State and local grantees. In addition, subawards and contracts to State or local governments are not covered by this part. However, this part applies to subawards made by State and local governments to organizations covered by this part.

1 See 5 CFR 1310.9 for availability of OMB circulars.

  (4) Federal agencies may apply the provisions of subparts A through D of this part to commercial organizations, foreign governments, organizations under the jurisdiction of foreign governments, and international organizations.

  (c) OMB responsibilities. OMB is responsible for: (1) Issuing and maintaining the guidance in this part.

  (2) Interpreting the policy requirements in this part and providing assistance to ensure effective and efficient implementation.

  (3) Reviewing Federal agency regulations implementing the guidance in this part, as required by Executive Order 12866.

  (4) Granting any deviations to Federal agencies from the guidance in this part, as provided in 215.4. Exceptions will only be made in particular cases where adequate justification is presented.

  (5) Conducting broad oversight of government-wide compliance with the guidance in this part.

  (d) Federal agency responsibilities. The head of each Federal agency that awards and administers grants and agreements subject to the guidance in this part is responsible for: (1) Implementing the guidance in subparts A through D of this part by adopting the language in those subparts unless different provisions are required by Federal statute or are approved by OMB.

  (2) Ensuring that the agency's components and subcomponents comply with the agency's implementation of the guidance in subparts A through D of this part.

  (3) Requesting approval from OMB for deviations from the guidance in subparts A through D of this part in situations where the guidance requires that approval.

  (4) Performing other functions specified in this part.

  (e) Relationship to previous issuance. The guidance in this part previously was issued as OMB Circular A110. Subparts A through D of this part contain the guidance that was in the attachment to the OMB circular. Appendix A to this part contains the guidance that was in the appendix to the attachment.

  (f) Information Contact. Further information concerning this part may be obtained by contacting the Office of Federal Financial Management, Office of Management and Budget, Washington, DC 20503, telephone (202) 3953993.

  (g) Termination Review Date. This part will have a policy review three years from the date of issuance.