80_FR_55901 80 FR 55721 - USAID Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

80 FR 55721 - USAID Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

AGENCY FOR INTERNATIONAL DEVELOPMENT

Federal Register Volume 80, Issue 180 (September 17, 2015)

Page Range55721-55726
FR Document2015-23419

USAID is issuing a final rule adopting with amendments the ``Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,'' issued by the Office of Management and Budget and published in Federal Register on December 26, 2013. Consistent with the OMB rule, USAID's rule supersedes USAID's ``Administration of Assistance Awards to U.S. Non-Governmental Organizations.'' Parts of this final rule apply to for-profit entities in limited circumstances and to foreign organizations as described in this guidance.

Federal Register, Volume 80 Issue 180 (Thursday, September 17, 2015)
[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)]
[Rules and Regulations]
[Pages 55721-55726]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23419]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / 
Rules and Regulations

[[Page 55721]]



AGENCY FOR INTERNATIONAL DEVELOPMENT

2 CFR Part 700

RIN 0412-AA73


USAID Uniform Administrative Requirements, Cost Principles, and 
Audit Requirements for Federal Awards

AGENCY: Agency for International Development (USAID).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: USAID is issuing a final rule adopting with amendments the 
``Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards,'' issued by the Office of Management 
and Budget and published in Federal Register on December 26, 2013. 
Consistent with the OMB rule, USAID's rule supersedes USAID's 
``Administration of Assistance Awards to U.S. Non-Governmental 
Organizations.'' Parts of this final rule apply to for-profit entities 
in limited circumstances and to foreign organizations as described in 
this guidance.

DATES: This final rule is effective October 19, 2015.

FOR FURTHER INFORMATION CONTACT: Michael Gushue, Telephone: 202-567-
4678, Email: [email protected].

SUPPLEMENTARY INFORMATION: 

A. Background

    The Agency for International Development issued an interim final 
rule with a request for comments adopting the Office of Management and 
Budget's ``Uniform Administrative Requirements, Cost Principles, and 
Audit Requirements for Federal Awards, and published in the Federal 
Register in Vol. 78, No. 248 (Dec. 26, 2013). This OMB rule is codified 
at 2 CFR part 200 and superseded OMB Circulars A-21, A-87, A-110, A-
122, A-89, A-102, and A-133, and the guidance in Circular A-50 on 
Single Audit Act follow-up. USAID's interim final rule and subsequent 
final rule replace 22 CFR part 226, ``Administration of Assistance 
Awards to U.S. Nongovernmental Organizations.'' Parts of this final 
rule also apply to for-profit entities in limited circumstances and to 
foreign organizations as described in this guidance.
    Regulatory Authority: The authority for Part 700 reads as follows:

    Authority: Sec. 621, Public L. 87-195, 75 Stat 445, (22 U.S.C. 
2381) as amended, E.O. 12163, Sept 29, 1979, 44 FR 56673; 2 CFR 1979 
Comp., p. 435

B. Discussion of Comments

    The public comment period on the proposed rule closed on March 6, 
2015. USAID received comments and suggestions from two organizations on 
its interim final rule. The following responses address comments that 
were specific to USAID's implementation of OMB's rule. Comments 
regarding OMB's Administrative Requirements, Cost Principles, and Audit 
Requirements at 2 CFR part 200 that did not affect USAID's 
implementation at 2 CFR part 700 were not considered.

Applicability of Subparts D and E to Foreign Organizations

    Comment: Two commenters addressed USAID's application of 2 CFR part 
200 and 2 CFR part 700 to foreign organizations. Agencies were given 
decision making authority on the applicability of 2 CFR part 200 to 
non-US entities, which has resulted in a lack of consistency in 
applicability to non-US entities across the various federal agencies. 
Because the goal of this new regulation was to increase uniformity and 
reduce administrative burden, Subparts A through E of 2 CFR part 200 
should be made applicable to all non-US entities, which will simplify 
and streamline sub-recipient monitoring, as well as implementation. The 
U.S. Agency for International Development has applied Subpart E 
inconsistently. Non-US entities will face different administrative 
requirements when they receive federal awards directly from these 
agencies. Pass-through entities that subaward funds to local indigenous 
organizations in host countries as well as to U.S. based entities must 
craft differing subaward agreements for each class of subrecipients and 
monitor and enforce differing requirements. Those non-US based 
subrecipients who receive funds that originate from USAID and from 
other federal agencies are subject to policies that are not uniform. We 
encourage USAID to use references to 2 CFR part 200, subpart D in its 
policies affecting non-US entities and to use the provisions of 2 CFR 
200.207 to differentiate on an individual basis whether differing 
special conditions are warranted rather than continue to differentiate 
as they have done.
    Response: USAID has modified 2 CFR part 700 to clearly identify 
what parts of 2 CFR part 200 apply to different entities. USAID will 
continue its longstanding practice of not applying the uniform set of 
administrative requirements consolidated in the new Uniform 
Requirements to foreign organizations. The Uniform Requirements would 
have significant negative implications for USAID's ongoing operations 
and awards involving foreign organizations. Taken as a whole, adoption 
by USAID of the Uniform Requirements to foreign organizations would 
impose U.S. requirements on local organizations working in English as a 
second language and unfamiliar with the technical wording and systems 
logic of federal regulations primarily directed at U.S. recipients, 
including U.S. and international non-governmental organizations, 
universities, and research organizations. Application of these 
requirements would result in an across-the-board increase of 
administrative burden on local organizations and would seriously 
undermine USAID's development and sustainability goals that have been 
the subject of significant efforts to reduce such burdens and barriers 
to local organization partnerships with USAID.
    More broadly, these changes would have a significant impact on the 
Agency's ongoing efforts to work directly with capable local 
organizations to fulfill our overall mandate to support sustainable 
development.

Applicability to Commercial Organizations

    Comment: Two commenters addressed the application of cost 
principles to for-profit entities. Section 2 CFR 200.101 indicates that 
Federal

[[Page 55722]]

agencies may apply the Cost Principles, found in Subpart E, to 
commercial entities. OMB's decision to permit Federal awarding agencies 
to decide whether to apply the provisions of the Uniform Guidance to 
commercial organizations and its discussion of the applicability of 
Subpart E of 2 CFR part 200 has created confusion as to the continuing 
role that the cost principles for commercial organizations contained in 
48 CFR Subpart 31.2 have when the Federal award is made to a commercial 
organization.
    In particular, the statement in 2 CFR 200.101(a) (i.e., ``These 
requirements are applicable to all costs related to Federal awards.''), 
the chart that follows in 2 CFR 200.101(b), and particularly the 
statement contained in 2 CFR 200.101(c) lead to the conclusion that 
OMB's intent is for commercial organizations to follow Subpart E when 
administering grants and cooperative agreements. However, Subpart E 
only applies to non-commercial entities, while 48 CFR Subpart 31.2 
applies to commercial entities. It is clear that when those 
organizations are administering a Federal contract, they would be 
directed to follow 48 CFR Subpart 31.2, leading to potential 
inconsistency of costing. The Department of State has addressed this 
subject by promulgating 2 CFR 600.101(b) to assure cost consistency 
shows that this clarification should be made on a government-wide 
basis.
    Response: USAID has revised 2 CFR part 700 to clarify that Subpart 
E does not apply to for-profit entities.

Regulatory Findings

    For the regulatory findings regarding this rulemaking, please refer 
to the analysis prepared by OIRA in the interim final rule, which is 
incorporated herein. 79 FR at 75876.

List of Subjects in 22 CFR Part 700

    Accounting, Administrative practice and procedure, Audit 
requirements, Grant administration, Grant programs, Reporting and 
recordkeeping requirements.

Regulatory Text

    For the reasons stated in the preamble, The Agency for 
International Development amends 2 CFR Chapter VII by revising part 700 
to read as follows:

PART 700--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND 
AUDIT REQUIREMENTS FOR FEDERAL AWARDS

Sec.
Subpart A--Acronyms and Definitions
700.1 Definitions.
Subpart B--General Provisions
700.2 Adoption of 2 CFR part 200.
700.3 Applicability.
700.4 Exceptions.
700.5 Supersession.
Subpart C--Pre-Federal Award Requirements and Contents of Federal 
Awards
700.6 Metric system of measurement.
700.7 Advance payment.
Subpart D--Post Federal Award Requirements
700.8 Payment.
700.9 Property standards.
700.10 Cost sharing or matching.
700.11 Contracting with small and minority businesses, women's 
business enterprises, and labor surplus area firms.
700.12 Contract provisions.
700.13 Additional provisions for awards to for-profit entities.

Termination and Disputes

700.14 Termination.
700.15 Disputes.

USAID--Specific Requirements

700.16 Marking.

    Authority: Sec. 621, Public L. 87-195, 75 Stat 445, (22 U.S.C. 
2381) as amended, E.O. 12163, Sept 29, 1979, 44 FR 56673; 2 CFR 1979 
Comp., p. 435.

Subpart A--Acronyms and Definitions


Sec.  700.1  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.
    Activity means a set of actions through which inputs--such as 
commodities, technical assistance, training, or resource transfers--are 
mobilized to produce specific outputs, such as vaccinations given, 
schools built, microenterprise loans issued, or policies changed. 
Activities are undertaken to achieve objectives that have been formally 
approved and notified to Congress.
    Agreement Officer means a person with the authority to enter into, 
administer, terminate and/or closeout assistance agreements subject to 
this part, and make related determinations and findings on behalf of 
USAID. An Agreement Officer can only act within the scope of a duly 
authorized warrant or other valid delegation of authority. The term 
``Agreement Officer'' includes persons warranted as ``Grant Officers.'' 
It also includes certain authorized representatives of the Agreement 
Officer acting within the limits of their authority as delegated by the 
Agreement Officer.
    Apparently successful applicant(s) means the applicant(s) for USAID 
funding recommended for an award after merit review, but who has not 
yet been awarded a grant, cooperative agreement or other assistance 
award by the Agreement Officer. Apparently successful applicant status 
confers no right and constitutes no USAID commitment to an award, which 
still must be executed by the Agreement Officer.
    Award means financial assistance that provides support or 
stimulation to accomplish a public purpose. Awards include grants, 
cooperative agreements, and other agreements in the form of money or 
property in lieu of money, by the Federal Government to an eligible 
recipient. The term does not include: Technical assistance, which 
provides services instead of money; other assistance in the form of 
loans, loan guarantees, interest subsidies, or insurance; direct 
payments of any kind to individuals; contracts which are required to be 
entered into and administered under procurement laws and regulations.
    Branding strategy means a strategy the apparently successful 
applicant submits at the specific request of an USAID Agreement Officer 
after merit review of an application for USAID funding, describing how 
the program, project, or activity is named and positioned, as well as 
how it is promoted and communicated to beneficiaries and cooperating 
country citizens. It identifies all donors and explains how they will 
be acknowledged. A Branding Strategy is required even if a Presumptive 
Exception is approved in the Marking Plan.
    Commodities mean any material, article, supply, goods or equipment, 
excluding recipient offices, vehicles, and non-deliverable items for 
recipient's internal use in administration of the USAID-funded grant, 
cooperative agreement, or other agreement or subagreement.
    Date of completion means the date on which all work under an award 
is completed or the date on the award document, or any supplement or 
amendment, on which USAID sponsorship ends.
    Marking plan means a plan that the apparently successful applicant 
submits at the specific request of a USAID Agreement Officer after 
merit review of an application for USAID funding, detailing the public 
communications, commodities, and program materials and other items that 
will visibly bear the USAID Identity. Recipients may request approval 
of Presumptive Exceptions to

[[Page 55723]]

marking requirements in the Marking Plan.
    Principal officer means the most senior officer in an USAID 
Operating Unit in the field, e.g., USAID Mission Director or USAID 
Representative. For global programs managed from Washington but 
executed across many countries such as disaster relief and assistance 
to internally displaced persons, humanitarian emergencies or immediate 
post conflict and political crisis response, the cognizant Principal 
Officer may be an Office Director, for example, the Directors of USAID/
W/Office of Foreign Disaster Assistance and Office of Transition 
Initiatives. For non-presence countries, the cognizant Principal 
Officer is the Senior USAID officer in a regional USAID Operating Unit 
responsible for the non-presence country, or in the absence of such a 
responsible operating unit, the Principle U.S Diplomatic Officer in the 
non-presence country exercising delegated authority from USAID.
    Program means an organized set of activities and allocation of 
resources directed toward a common purpose, objective, or goal 
undertaken or proposed by an organization to carry out the 
responsibilities assigned to it. Projects include all the marginal 
costs of inputs (including the proposed investment) technically 
required to produce a discrete marketable output or a desired result 
(for example, services from a fully functional water/sewage treatment 
facility).
    Public communications are documents and messages intended for 
distribution to audiences external to the recipient's organization. 
They include, but are not limited to, correspondence, publications, 
studies, reports, audio visual productions, and other informational 
products; applications, forms, press and promotional materials used in 
connection with USAID funded programs, projects or activities, 
including signage and plaques; Web sites/Internet activities; and 
events such as training courses, conferences, seminars, press 
conferences and the like.
    Suspension means an action by USAID that temporarily withdraws 
Federal sponsorship under an award, pending corrective action by the 
recipient or pending a decision to terminate the award. Suspension of 
an award is a separate action from suspension under USAID regulations 
implementing E.O.'s 12549 and 12689, ``Debarment and Suspension.'' See 
2 CFR part 780.
    Unrecovered indirect cost means the difference between the amount 
awarded and the amount which could have been awarded under the 
recipient's approved negotiated indirect cost rate.
    USAID means the United States Agency for International Development.
    USAID Identity (Identity) means the official marking for the United 
States Agency for International Development (USAID) comprised of the 
USAID logo or seal and new brandmark with the tagline that clearly 
communicates our assistance is ``from the American people.'' In 
exceptional circumstances, upon a written determination by the USAID 
Administrator, the definition of the USAID Identity may be amended to 
include additional or substitute use of a logo or seal and tagline 
representing a presidential initiative or other high level interagency 
Federal initiative that requires consistent and uniform branding and 
marking by all participating agencies. The USAID Identity (including 
any required presidential initiative or related identity) is available 
on the USAID Web site at http://www.usaid.gov/branding and is provided 
without royalty, license or other fee to recipients of USAID funded 
grants or cooperative agreements or other assistance awards.

Subpart B--General Provisions


Sec.  700.2  Adoption of 2 CFR Part 200.

    Under the authority listed above the Agency for International 
Development adopts the Office of Management and Budget (OMB) guidance 
Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards to Non-Federal Entities (subparts A 
through F of 2 CFR part 200), as supplemented by this part, as the 
Agency for International Development (USAID) policies and procedures 
for financial assistance administration. This part satisfies the 
requirements of 2 CFR 200.110(a) and gives regulatory effect to the OMB 
guidance as supplemented by this part.


Sec.  700.3  Applicability.

    (a) Subparts A through D of 2 CFR part 200 apply to for-profit 
entities. The Federal Acquisition Regulation (FAR) at 48 CFR part 30, 
Cost Accounting Standards, and Part 31, Contract Cost Principles and 
Procedures, takes precedence over the cost principles in Subpart E for 
Federal awards to for-profit entities.
    (b) Subpart E applies to foreign organizations and foreign public 
entities, except where the Federal awarding agency determines that the 
application of these subparts would be inconsistent with the 
international obligations of the United States or the statute or 
regulations of a foreign government.


Sec.  700.4  Exceptions.

    Consistent with 2 CFR 200.102(b):
    (a) Exceptions on a case-by-case basis for individual non-Federal 
entities may be authorized by USAID's Assistant Administrator, Bureau 
for Management, or designee as delegated in Agency policy, 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.
    (b) USAID's Assistant Administrator, Bureau for Management, or 
designee as delegated in Agency policy, is also authorized to approve 
exceptions, on a class or an individual case basis, to USAID program 
specific assistance regulations other than those which implement 
statutory and executive order requirements.
    (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 awards at or below the simplified acquisition threshold, or when 
making fixed amount awards as defined in Subpart A--Acronyms and 
Definitions of 2 CFR part 200, except for those requirements imposed by 
statute or in Subpart F--Audit Requirements of this part.


Sec.  700.5  Supersession.

    Effective December 26, 2014, this part supersedes the following 
regulations under Title 22 of the Code of Federal Regulations: 22 CFR 
part 226, ``Administration of Assistance Awards To U.S. Non-
Governmental Organizations.''

Subpart C--Pre-Federal Award Requirements and Contents of Federal 
Awards


Sec.  700.6  Metric system of measurement.

    (a) The Metric Conversion Act, as amended by the Omnibus Trade and 
Competitiveness Act (15 U.S.C. 205) declares that the metric system is 
the preferred measurement system for U.S. trade and commerce.
    (b) Wherever measurements are required or authorized, they must be 
made, computed, and recorded in metric system units of measurement, 
unless otherwise authorized by the Agreement Officer in writing when it

[[Page 55724]]

has been found that such usage is impractical or is likely to cause 
U.S. firms to experience significant inefficiencies or the loss of 
markets. Where the metric system is not the predominant standard for a 
particular application, measurements may be expressed in both the 
metric and the traditional equivalent units, provided the metric units 
are listed first.


Sec.  700.7  Advance payment.

    Advance payment mechanisms include, but are not limited to, Letter 
of Credit, Treasury check and electronic funds transfer and must comply 
with applicable guidance in 31 CFR part 205.

Subpart D--Post Federal Award Requirements


Sec.  700.8  Payment.

    (a) Use of resources before requesting 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. This 
paragraph is not applicable to such earnings which are generated as 
foreign currencies.
    (b) Standards governing the use of banks and other institutions as 
depositories of advance payments under Federal awards are as follows:
    (1) Except for situations described in paragraph (b)(2) of this 
section, USAID does 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 non-Federal entity must be able to account for 
receipt, obligation and expenditure of funds.
    (2) Advance payments of Federal funds must be deposited and 
maintained in insured accounts whenever possible.


Sec.  700.9  Property standards.

    (a) Real property. Unless the agreement provides otherwise, title 
to real property will vest in accordance with 2 CFR 200.311.
    (b) Equipment. Unless the agreement provides otherwise, title to 
equipment will vest in accordance with 2 CFR 200.313.


Sec.  700.10  Cost sharing or matching.

    Unrecovered indirect costs, including indirect costs on cost 
sharing or matching may be included as part of cost sharing or 
matching. Unrecovered indirect cost means the difference between the 
amount charged to the Federal award and the amount which would have 
been charged to the Federal award under the non-Federal entity's 
approved negotiated indirect cost rate.


Sec.  700.11  Contracting with small and minority businesses, women's 
business enterprises, and labor surplus area firms.

    (a) Make information on forthcoming opportunities available and 
arrange time frames for purchases and contracts to encourage and 
facilitate participation by small businesses, minority-owned firms, and 
women's business enterprises. To permit USAID, in accordance with the 
small business provisions of the Foreign Assistance Act of 1961, as 
amended, to give United States small business firms an opportunity to 
participate in supplying commodities and services procured under the 
award, the recipient must to the maximum extent possible provide the 
following information to the Office of Small Disadvantaged Business 
Utilization (OSDBU), USAID, Washington, DC 20523, at least 45 days 
prior to placing any order or contract in excess of the simplified 
acquisition threshold:
    (1) Brief general description and quantity of goods or services;
    (2) Closing date for receiving quotations, proposals or bids; and
    (3) Address where solicitations or specifications can be obtained.
    (b) [Reserved]


Sec.  700.12  Contract provisions.

    (a) 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.
    (b) All negotiated contracts (except those for less than the 
simplified acquisition threshold) awarded by the non-Federal entity 
must include a provision to the effect that the non-Federal Entity, 
USAID, the Comptroller General of the United States, or any of their 
duly authorized representatives, must have access to any books, 
documents, papers and records of the contractor which are directly 
pertinent to a specific program for the purpose of making audits, 
examinations, excerpts and transcriptions.


Sec.  700.13  Additional provisions for awards to for-profit entities.

    (a) This paragraph contains additional provisions that apply to 
awards to for-profit entities. These provisions supplement and make 
exceptions for awards to for-profit entities from other provisions of 
this part.
    (1) Prohibition against profit. No funds will be paid as profit to 
any for-profit entity receiving or administering Federal financial 
assistance as a recipient or subrecipient. Federal financial assistance 
does not include contracts as defined at 2 CFR 200.22, other contracts 
a Federal agency uses to buy goods or services from a contractor, or 
contracts to operate Federal government owned, contractor operated 
facilities (GOCOs). Profit is any amount in excess of allowable direct 
and indirect costs.
    (2) Program income. As described in Sec.  200.307(e)(2), program 
income earned by a for-profit entity may not be added to the Federal 
award.
    (b) [Reserved]

Termination and Disputes


Sec.  700.14  Termination.

    If at any time USAID determines that continuation of all or part of 
the funding for a program should be suspended or terminated because 
such assistance would not be in the national interest of the United 
States or would be in violation of an applicable law, then USAID may, 
following notice to the recipient, suspend or terminate the award in 
whole or in part and prohibit the recipient from incurring additional 
obligations chargeable to the award other than those costs specified in 
the notice of suspension. If a suspension is put into effect and the 
situation causing the suspension continues for 60 calendar days or 
more, then USAID may terminate the award in whole or in part on written 
notice to the recipient and cancel any portion of the award which has 
not been disbursed or irrevocably committed to third parties.


Sec.  700.15  Disputes.

    (a) Any dispute under or relating to a grant or agreement will be 
decided by the USAID Agreement Officer. The Agreement Officer must 
furnish the recipient a written copy of the decision.
    (b) Decisions of the USAID Agreement Officer will be final unless, 
within 30 calendar days of receipt of the decision, the recipient 
appeals the decision to USAID's Assistant Administrator, Bureau for 
Management, or designee as delegated in Agency policy. Appeals must be 
in writing with a copy concurrently furnished to the Agreement Officer.
    (c) In order to facilitate review of the record by the USAID's 
Assistant Administrator, Bureau for Management, or designee as 
delegated in Agency policy, the recipient will be given an opportunity 
to submit written evidence in support of its appeal. No hearing will be 
provided.
    (d) Decisions by the Assistant Administrator, Bureau for 
Management, or designee as delegated in Agency policy, will be final.

[[Page 55725]]

USAID--Specific Requirements


Sec.  700.16  Marking.

    (a) USAID policy is that all programs, projects, activities, public 
communications, and commodities, specified further at paragraphs (c) 
through (f) of this section, partially or fully funded by a USAID grant 
or cooperative agreement or other assistance award or subaward must be 
marked appropriately overseas with the USAID Identity, of a size and 
prominence equivalent to or greater than the recipient's, other donor's 
or any other third party's identity or logo.
    (1) USAID reserves the right to require the USAID Identity to be 
larger and more prominent if it is the majority donor, or to require 
that a cooperating country government's identity be larger and more 
prominent if circumstances warrant; any such requirement will be on a 
case-by-case basis depending on the audience, program goals and 
materials produced.
    (2) USAID reserves the right to request pre-production review of 
USAID funded public communications and program materials for compliance 
with the approved Marking Plan.
    (3) USAID reserves the right to require marking with the USAID 
Identity in the event the recipient does not choose to mark with its 
own identity or logo.
    (4) To ensure that the marking requirements ``flow down'' to 
subrecipients of subawards, recipients of USAID funded grants and 
cooperative agreements or other assistance awards are required to 
include a USAID-approved marking provision in any USAID funded 
subaward, to read as follows:

    As a condition of receipt of this subaward, marking with the 
USAID Identity of a size and prominence equivalent to or greater 
than the recipient's, subrecipient's, other donor's or third party's 
is required. In the event the recipient chooses not to require 
marking with its own identity or logo by the subrecipient, USAID 
may, at its discretion, require marking by the subrecipient with the 
USAID Identity.

    (b) Subject to Sec.  700.16(a), (h), and (j), program, project, or 
activity sites funded by USAID, including visible infrastructure 
projects (for example, roads, bridges, buildings) or other programs, 
projects, or activities that are physical in nature (for example, 
agriculture, forestry, water management), must be marked with the USAID 
Identity. Temporary signs or plaques should be erected early in the 
construction or implementation phase. When construction or 
implementation is complete, a permanent, durable sign, plaque or other 
marking must be installed.
    (c) Subject to Sec.  700.16(a), (h), and (j), technical assistance, 
studies, reports, papers, publications, audio-visual productions, 
public service announcements, Web sites/Internet activities and other 
promotional, informational, media, or communications products funded by 
USAID must be marked with the USAID Identity.
    (1) Any ``public communications'' as defined in Sec.  700.1, funded 
by USAID, in which the content has not been approved by USAID, must 
contain the following disclaimer:

    This study/report/audio/visual/other information/media product 
(specify) is made possible by the generous support of the American 
people through the United States Agency for International 
Development (USAID). The contents are the responsibility of [insert 
recipient name] and do not necessarily reflect the views of USAID or 
the United States Government.

    (2) The recipient must provide the Agreement Officer's 
Representative (AOR) or other USAID personnel designated in the grant 
or cooperative agreement with at least two copies of all program and 
communications materials produced under the award. In addition, the 
recipient must submit one electronic and/or one hard copy of all final 
documents to USAID's Development Experience Clearinghouse.
    (d) Subject to Sec.  700.16(a), (h), and (j), events financed by 
USAID such as training courses, conferences, seminars, exhibitions, 
fairs, workshops, press conferences and other public activities, must 
be marked appropriately with the USAID Identity. Unless directly 
prohibited and as appropriate to the surroundings, recipients should 
display additional materials such as signs and banners with the USAID 
Identity. In circumstances in which the USAID Identity cannot be 
displayed visually, recipients are encouraged otherwise to acknowledge 
USAID and the American people's support.
    (e) Subject to Sec.  700.16(a), (h), and (j), all commodities 
financed by USAID, including commodities or equipment provided under 
humanitarian assistance or disaster relief programs, and all other 
equipment, supplies and other materials funded by USAID, and their 
export packaging, must be marked with the USAID Identity.
    (f) After merit review of applications for USAID funding, USAID 
Agreement Officers will request apparently successful applicants to 
submit a Branding Strategy, defined in Sec.  700.1. The proposed 
Branding Strategy will not be evaluated competitively. The Agreement 
Officer will review for adequacy the proposed Branding Strategy, and 
will negotiate, approve and include the Branding Strategy in the award. 
Failure to submit or negotiate a Branding Strategy within the time 
specified by the Agreement Officer will make the apparently successful 
applicant ineligible for award.
    (g) After merit review of applications for USAID funding, USAID 
Agreement Officers will request apparently successful applicants to 
submit a Marking Plan, defined in Sec.  700.1. The Marking Plan may 
include requests for approval of Presumptive Exceptions, paragraph (h) 
of this section. All estimated costs associated with branding and 
marking USAID programs, such as plaques, labels, banners, press events, 
promotional materials, and the like, must be included in the total cost 
estimate of the grant or cooperative agreement or other assistance 
award, and are subject to revision and negotiation with the Agreement 
Officer upon submission of the Marking Plan. The Marking Plan will not 
be evaluated competitively. The Agreement Officer will review for 
adequacy the proposed Marking Plan, and will negotiate, approve and 
include the Marking Plan in the award. Failure to submit or negotiate a 
Marking Plan within the time specified by the Agreement Officer will 
make the apparently successful applicant ineligible for award. 
Agreement Officers have the discretion to suspend the implementation 
requirements of the Marking Plan if circumstances warrant. Recipients 
of USAID funded grant or cooperative agreement or other assistance 
award or subaward should retain copies of any specific marking 
instructions or waivers in their project, program or activity files. 
Agreement Officer's Representatives will be assigned responsibility to 
monitor marking requirements on the basis of the approved Marking Plan.
    (h) Presumptive exceptions:
    (1) The above marking requirements in Sec.  700.16(a) through (e) 
may not apply if marking would:
    (i) Compromise the intrinsic independence or neutrality of a 
program or materials where independence or neutrality is an inherent 
aspect of the program and materials, such as election monitoring or 
ballots, and voter information literature; political party support or 
public policy advocacy or reform; independent media, such as television 
and radio broadcasts, newspaper articles and editorials; public service 
announcements or public opinion polls and surveys.
    (ii) Diminish the credibility of audits, reports, analyses, 
studies, or policy recommendations whose data or findings must be seen 
as independent.

[[Page 55726]]

    (iii) Undercut host-country government ``ownership'' of 
constitutions, laws, regulations, policies, studies, assessments, 
reports, publications, surveys or audits, public service announcements, 
or other communications better positioned as ``by'' or ``from'' a 
cooperating country ministry or government official.
    (iv) Impair the functionality of an item, such as sterilized 
equipment or spare parts.
    (v) Incur substantial costs or be impractical, such as items too 
small or other otherwise unsuited for individual marking, such as food 
in bulk.
    (vi) Offend local cultural or social norms, or be considered 
inappropriate on such items as condoms, toilets, bed pans, or similar 
commodities.
    (vii) Conflict with international law.
    (2) These exceptions are presumptive, not automatic and must be 
approved by the Agreement Officer. Apparently successful applicants may 
request approval of one or more of the presumptive exceptions, 
depending on the circumstances, in their Marking Plan. The Agreement 
Officer will review requests for presumptive exceptions for adequacy, 
along with the rest of the Marking Plan. When reviewing a request for 
approval of a presumptive exception, the Agreement Officer may review 
how program materials will be marked (if at all) if the USAID identity 
is removed. Exceptions approved will apply to subrecipients unless 
otherwise provided by USAID.
    (i) In cases where the Marking Plan has not been complied with, the 
Agreement Officer will initiate corrective action. Such action may 
involve informing the recipient of a USAID grant or cooperative 
agreement or other assistance award or subaward of instances of 
noncompliance and requesting that the recipient carry out its 
responsibilities as set forth in the Marking Plan and award. Major or 
repeated non-compliance with the Marking Plan will be governed by the 
uniform suspension and termination procedures set forth at 2 CFR 
200.338 through 2 CFR 200.342, and 2 CFR 700.14.
    (j)(1) Waivers. USAID Principal Officers, defined for purposes of 
this provision at Sec.  700.1, may at any time after award waive in 
whole or in part the USAID approved Marking Plan, including USAID 
marking requirements for each USAID funded program, project, activity, 
public communication or commodity, or in exceptional circumstances may 
make a waiver by region or country, if the Principal Officer determines 
that otherwise USAID required marking would pose compelling political, 
safety, or security concerns, or marking would have an adverse impact 
in the cooperating country. USAID recipients may request waivers of the 
Marking Plan in whole or in part, through the AOR. No marking is 
required while a waiver determination is pending. The waiver 
determination on safety or security grounds must be made in 
consultation with U.S. Government security personnel if available, and 
must consider the same information that applies to determinations of 
the safety and security of U.S. Government employees in the cooperating 
country, as well as any information supplied by the AOR or the 
recipient for whom the waiver is sought. When reviewing a request for 
approval of a waiver, the Principal Officer may review how program 
materials will be marked (if at all) if the USAID Identity is removed. 
Approved waivers are not limited in duration but are subject to 
Principal Officer review at any time due to changed circumstances. 
Approved waivers ``flow down'' to recipients of subawards unless 
specified otherwise. Principal Officers may also authorize the removal 
of USAID markings already affixed if circumstances warrant. Principal 
Officers' determinations regarding waiver requests are subject to 
appeal to the Principal Officer's cognizant Assistant Administrator. 
Recipients may appeal by submitting a written request to reconsider the 
Principal Officer's waiver determination to the cognizant Assistant 
Administrator.
    (2) Non-retroactivity. Marking requirements apply to any obligation 
of USAID funds for new awards as of January 2, 2006. Marking 
requirements also will apply to new obligations under existing awards, 
such as incremental funding actions, as of January 2, 2006, when the 
total estimated cost of the existing award has been increased by USAID 
or the scope of effort is changed to accommodate any costs associated 
with marking. In the event a waiver is rescinded, the marking 
requirements will apply from the date forward that the waiver is 
rescinded. In the event a waiver is rescinded after the period of 
performance as defined in 2 CFR 200.77 but before closeout as defined 
in 2 CFR 200.16., the USAID mission or operating unit with initial 
responsibility to administer the marking requirements must make a cost 
benefit analysis as to requiring USAID marking requirements after the 
date of completion of the affected programs, projects, activities, 
public communications or commodities.
    (k) The USAID Identity and other guidance will be provided at no 
cost or fee to recipients of USAID grants, cooperative agreements or 
other assistance awards or subawards. Additional costs associated with 
marking requirements will be met by USAID if reasonable, allowable, and 
allocable under 2 CFR part 200, subpart E. The standard cost 
reimbursement provisions of the grant, cooperative agreement, other 
assistance award or subaward must be followed when applying for 
reimbursement of additional marking costs.
    (End of award term)

Angelique M. Crumbly,
Agency Regulatory Official, U.S. Agency for International Development.
[FR Doc. 2015-23419 Filed 9-16-15; 8:45 am]
BILLING CODE 6116-01-P



                                                                                                                                                                                             55721

                                            Rules and Regulations                                                                                         Federal Register
                                                                                                                                                          Vol. 80, No. 180

                                                                                                                                                          Thursday, September 17, 2015



                                            This section of the FEDERAL REGISTER                    and superseded OMB Circulars A–21,                    differing subaward agreements for each
                                            contains regulatory documents having general            A–87, A–110, A–122, A–89, A–102, and                  class of subrecipients and monitor and
                                            applicability and legal effect, most of which           A–133, and the guidance in Circular A–                enforce differing requirements. Those
                                            are keyed to and codified in the Code of                50 on Single Audit Act follow-up.                     non-US based subrecipients who receive
                                            Federal Regulations, which is published under           USAID’s interim final rule and                        funds that originate from USAID and
                                            50 titles pursuant to 44 U.S.C. 1510.
                                                                                                    subsequent final rule replace 22 CFR                  from other federal agencies are subject
                                            The Code of Federal Regulations is sold by              part 226, ‘‘Administration of Assistance              to policies that are not uniform. We
                                            the Superintendent of Documents. Prices of              Awards to U.S. Nongovernmental                        encourage USAID to use references to 2
                                            new books are listed in the first FEDERAL               Organizations.’’ Parts of this final rule             CFR part 200, subpart D in its policies
                                            REGISTER issue of each week.                            also apply to for-profit entities in                  affecting non-US entities and to use the
                                                                                                    limited circumstances and to foreign                  provisions of 2 CFR 200.207 to
                                                                                                    organizations as described in this                    differentiate on an individual basis
                                            AGENCY FOR INTERNATIONAL                                guidance.                                             whether differing special conditions are
                                            DEVELOPMENT                                               Regulatory Authority: The authority                 warranted rather than continue to
                                                                                                    for Part 700 reads as follows:                        differentiate as they have done.
                                            2 CFR Part 700                                                                                                   Response: USAID has modified 2 CFR
                                                                                                      Authority: Sec. 621, Public L. 87–195, 75
                                            RIN 0412–AA73                                           Stat 445, (22 U.S.C. 2381) as amended, E.O.           part 700 to clearly identify what parts of
                                                                                                    12163, Sept 29, 1979, 44 FR 56673; 2 CFR              2 CFR part 200 apply to different
                                            USAID Uniform Administrative                            1979 Comp., p. 435                                    entities. USAID will continue its
                                            Requirements, Cost Principles, and                      B. Discussion of Comments                             longstanding practice of not applying
                                            Audit Requirements for Federal                                                                                the uniform set of administrative
                                            Awards                                                     The public comment period on the
                                                                                                                                                          requirements consolidated in the new
                                                                                                    proposed rule closed on March 6, 2015.
                                            AGENCY:  Agency for International                                                                             Uniform Requirements to foreign
                                                                                                    USAID received comments and
                                            Development (USAID).                                    suggestions from two organizations on                 organizations. The Uniform
                                                                                                    its interim final rule. The following                 Requirements would have significant
                                            ACTION: Final rule.
                                                                                                    responses address comments that were                  negative implications for USAID’s
                                            SUMMARY:   USAID is issuing a final rule                specific to USAID’s implementation of                 ongoing operations and awards
                                            adopting with amendments the                            OMB’s rule. Comments regarding OMB’s                  involving foreign organizations. Taken
                                            ‘‘Uniform Administrative Requirements,                  Administrative Requirements, Cost                     as a whole, adoption by USAID of the
                                            Cost Principles, and Audit                              Principles, and Audit Requirements at 2               Uniform Requirements to foreign
                                            Requirements for Federal Awards,’’                      CFR part 200 that did not affect USAID’s              organizations would impose U.S.
                                            issued by the Office of Management and                  implementation at 2 CFR part 700 were                 requirements on local organizations
                                            Budget and published in Federal                         not considered.                                       working in English as a second language
                                            Register on December 26, 2013.                                                                                and unfamiliar with the technical
                                                                                                    Applicability of Subparts D and E to                  wording and systems logic of federal
                                            Consistent with the OMB rule, USAID’s
                                                                                                    Foreign Organizations                                 regulations primarily directed at U.S.
                                            rule supersedes USAID’s
                                            ‘‘Administration of Assistance Awards                      Comment: Two commenters                            recipients, including U.S. and
                                            to U.S. Non-Governmental                                addressed USAID’s application of 2 CFR                international non-governmental
                                            Organizations.’’ Parts of this final rule               part 200 and 2 CFR part 700 to foreign                organizations, universities, and research
                                            apply to for-profit entities in limited                 organizations. Agencies were given                    organizations. Application of these
                                            circumstances and to foreign                            decision making authority on the                      requirements would result in an across-
                                            organizations as described in this                      applicability of 2 CFR part 200 to non-               the-board increase of administrative
                                            guidance.                                               US entities, which has resulted in a lack             burden on local organizations and
                                                                                                    of consistency in applicability to non-               would seriously undermine USAID’s
                                            DATES:This final rule is effective                      US entities across the various federal                development and sustainability goals
                                            October 19, 2015.                                       agencies. Because the goal of this new                that have been the subject of significant
                                            FOR FURTHER INFORMATION CONTACT:                        regulation was to increase uniformity                 efforts to reduce such burdens and
                                            Michael Gushue, Telephone: 202–567–                     and reduce administrative burden,                     barriers to local organization
                                            4678, Email: mgushue@usaid.gov.                         Subparts A through E of 2 CFR part 200                partnerships with USAID.
                                            SUPPLEMENTARY INFORMATION:                              should be made applicable to all non-                    More broadly, these changes would
                                                                                                    US entities, which will simplify and                  have a significant impact on the
                                            A. Background                                           streamline sub-recipient monitoring, as               Agency’s ongoing efforts to work
                                              The Agency for International                          well as implementation. The U.S.                      directly with capable local organizations
                                            Development issued an interim final                     Agency for International Development                  to fulfill our overall mandate to support
                                            rule with a request for comments                        has applied Subpart E inconsistently.                 sustainable development.
                                            adopting the Office of Management and                   Non-US entities will face different
tkelley on DSK3SPTVN1PROD with RULES




                                            Budget’s ‘‘Uniform Administrative                       administrative requirements when they                 Applicability to Commercial
                                            Requirements, Cost Principles, and                      receive federal awards directly from                  Organizations
                                            Audit Requirements for Federal Awards,                  these agencies. Pass-through entities                   Comment: Two commenters
                                            and published in the Federal Register in                that subaward funds to local indigenous               addressed the application of cost
                                            Vol. 78, No. 248 (Dec. 26, 2013). This                  organizations in host countries as well               principles to for-profit entities. Section
                                            OMB rule is codified at 2 CFR part 200                  as to U.S. based entities must craft                  2 CFR 200.101 indicates that Federal


                                       VerDate Sep<11>2014   16:04 Sep 16, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\17SER1.SGM   17SER1


                                            55722            Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations

                                            agencies may apply the Cost Principles,                  Subpart A—Acronyms and Definitions                       Apparently successful applicant(s)
                                            found in Subpart E, to commercial                        700.1 Definitions.                                    means the applicant(s) for USAID
                                            entities. OMB’s decision to permit                                                                             funding recommended for an award
                                                                                                     Subpart B—General Provisions
                                            Federal awarding agencies to decide                                                                            after merit review, but who has not yet
                                            whether to apply the provisions of the                   700.2 Adoption of 2 CFR part 200.                     been awarded a grant, cooperative
                                                                                                     700.3 Applicability.
                                            Uniform Guidance to commercial                           700.4 Exceptions.
                                                                                                                                                           agreement or other assistance award by
                                            organizations and its discussion of the                  700.5 Supersession.                                   the Agreement Officer. Apparently
                                            applicability of Subpart E of 2 CFR part                                                                       successful applicant status confers no
                                            200 has created confusion as to the                      Subpart C—Pre-Federal Award                           right and constitutes no USAID
                                                                                                     Requirements and Contents of Federal
                                            continuing role that the cost principles                 Awards
                                                                                                                                                           commitment to an award, which still
                                            for commercial organizations contained                                                                         must be executed by the Agreement
                                            in 48 CFR Subpart 31.2 have when the                     700.6 Metric system of measurement.                   Officer.
                                                                                                     700.7 Advance payment.
                                            Federal award is made to a commercial                                                                             Award means financial assistance that
                                            organization.                                            Subpart D—Post Federal Award                          provides support or stimulation to
                                                                                                     Requirements                                          accomplish a public purpose. Awards
                                               In particular, the statement in 2 CFR
                                            200.101(a) (i.e., ‘‘These requirements are               700.8 Payment.                                        include grants, cooperative agreements,
                                            applicable to all costs related to Federal               700.9 Property standards.                             and other agreements in the form of
                                                                                                     700.10 Cost sharing or matching.                      money or property in lieu of money, by
                                            awards.’’), the chart that follows in 2                  700.11 Contracting with small and minority
                                            CFR 200.101(b), and particularly the                         businesses, women’s business
                                                                                                                                                           the Federal Government to an eligible
                                            statement contained in 2 CFR 200.101(c)                      enterprises, and labor surplus area firms.        recipient. The term does not include:
                                            lead to the conclusion that OMB’s intent                 700.12 Contract provisions.                           Technical assistance, which provides
                                            is for commercial organizations to                       700.13 Additional provisions for awards to            services instead of money; other
                                            follow Subpart E when administering                          for-profit entities.                              assistance in the form of loans, loan
                                            grants and cooperative agreements.                       Termination and Disputes                              guarantees, interest subsidies, or
                                            However, Subpart E only applies to non-                                                                        insurance; direct payments of any kind
                                                                                                     700.14 Termination.
                                            commercial entities, while 48 CFR                        700.15 Disputes.                                      to individuals; contracts which are
                                            Subpart 31.2 applies to commercial                                                                             required to be entered into and
                                                                                                     USAID—Specific Requirements                           administered under procurement laws
                                            entities. It is clear that when those
                                            organizations are administering a                        700.16 Marking.                                       and regulations.
                                            Federal contract, they would be directed                   Authority: Sec. 621, Public L. 87–195, 75              Branding strategy means a strategy the
                                            to follow 48 CFR Subpart 31.2, leading                   Stat 445, (22 U.S.C. 2381) as amended, E.O.           apparently successful applicant submits
                                            to potential inconsistency of costing.                   12163, Sept 29, 1979, 44 FR 56673; 2 CFR              at the specific request of an USAID
                                            The Department of State has addressed                    1979 Comp., p. 435.                                   Agreement Officer after merit review of
                                            this subject by promulgating 2 CFR                                                                             an application for USAID funding,
                                                                                                     Subpart A—Acronyms and Definitions                    describing how the program, project, or
                                            600.101(b) to assure cost consistency
                                            shows that this clarification should be                  § 700.1   Definitions.                                activity is named and positioned, as
                                            made on a government-wide basis.                            These are the definitions for terms                well as how it is promoted and
                                               Response: USAID has revised 2 CFR                     used in this part. Different definitions              communicated to beneficiaries and
                                            part 700 to clarify that Subpart E does                  may be found in Federal statutes or                   cooperating country citizens. It
                                            not apply to for-profit entities.                        regulations that apply more specifically              identifies all donors and explains how
                                                                                                     to particular programs or activities.                 they will be acknowledged. A Branding
                                            Regulatory Findings                                         Activity means a set of actions                    Strategy is required even if a
                                                                                                     through which inputs—such as                          Presumptive Exception is approved in
                                              For the regulatory findings regarding
                                                                                                     commodities, technical assistance,                    the Marking Plan.
                                            this rulemaking, please refer to the
                                            analysis prepared by OIRA in the                         training, or resource transfers—are                      Commodities mean any material,
                                            interim final rule, which is incorporated                mobilized to produce specific outputs,                article, supply, goods or equipment,
                                            herein. 79 FR at 75876.                                  such as vaccinations given, schools                   excluding recipient offices, vehicles,
                                                                                                     built, microenterprise loans issued, or               and non-deliverable items for recipient’s
                                            List of Subjects in 22 CFR Part 700                      policies changed. Activities are                      internal use in administration of the
                                                                                                     undertaken to achieve objectives that                 USAID-funded grant, cooperative
                                              Accounting, Administrative practice                                                                          agreement, or other agreement or
                                            and procedure, Audit requirements,                       have been formally approved and
                                                                                                     notified to Congress.                                 subagreement.
                                            Grant administration, Grant programs,
                                                                                                        Agreement Officer means a person                      Date of completion means the date on
                                            Reporting and recordkeeping
                                                                                                     with the authority to enter into,                     which all work under an award is
                                            requirements.
                                                                                                     administer, terminate and/or closeout                 completed or the date on the award
                                            Regulatory Text                                          assistance agreements subject to this                 document, or any supplement or
                                                                                                     part, and make related determinations                 amendment, on which USAID
                                              For the reasons stated in the                          and findings on behalf of USAID. An                   sponsorship ends.
                                            preamble, The Agency for International                   Agreement Officer can only act within                    Marking plan means a plan that the
                                            Development amends 2 CFR Chapter VII                     the scope of a duly authorized warrant                apparently successful applicant submits
                                            by revising part 700 to read as follows:                 or other valid delegation of authority.               at the specific request of a USAID
                                                                                                     The term ‘‘Agreement Officer’’ includes               Agreement Officer after merit review of
tkelley on DSK3SPTVN1PROD with RULES




                                            PART 700—UNIFORM
                                            ADMINISTRATIVE REQUIREMENTS,                             persons warranted as ‘‘Grant Officers.’’              an application for USAID funding,
                                            COST PRINCIPLES, AND AUDIT                               It also includes certain authorized                   detailing the public communications,
                                            REQUIREMENTS FOR FEDERAL                                 representatives of the Agreement Officer              commodities, and program materials
                                            AWARDS                                                   acting within the limits of their                     and other items that will visibly bear the
                                                                                                     authority as delegated by the Agreement               USAID Identity. Recipients may request
                                            Sec.                                                     Officer.                                              approval of Presumptive Exceptions to


                                       VerDate Sep<11>2014    16:04 Sep 16, 2015   Jkt 235001   PO 00000   Frm 00002   Fmt 4700   Sfmt 4700   E:\FR\FM\17SER1.SGM   17SER1


                                                             Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations                                          55723

                                            marking requirements in the Marking                      awarded under the recipient’s approved                statute or regulations of a foreign
                                            Plan.                                                    negotiated indirect cost rate.                        government.
                                               Principal officer means the most                         USAID means the United States
                                            senior officer in an USAID Operating                                                                           § 700.4    Exceptions.
                                                                                                     Agency for International Development.
                                            Unit in the field, e.g., USAID Mission                                                                            Consistent with 2 CFR 200.102(b):
                                                                                                        USAID Identity (Identity) means the
                                            Director or USAID Representative. For                                                                             (a) Exceptions on a case-by-case basis
                                                                                                     official marking for the United States
                                            global programs managed from                                                                                   for individual non-Federal entities may
                                                                                                     Agency for International Development
                                            Washington but executed across many                                                                            be authorized by USAID’s Assistant
                                                                                                     (USAID) comprised of the USAID logo
                                            countries such as disaster relief and                                                                          Administrator, Bureau for Management,
                                                                                                     or seal and new brandmark with the
                                            assistance to internally displaced                                                                             or designee as delegated in Agency
                                                                                                     tagline that clearly communicates our
                                            persons, humanitarian emergencies or                                                                           policy, except where otherwise required
                                                                                                     assistance is ‘‘from the American
                                            immediate post conflict and political                                                                          by law or where OMB or other approval
                                                                                                     people.’’ In exceptional circumstances,
                                            crisis response, the cognizant Principal                                                                       is expressly required by this Part. No
                                                                                                     upon a written determination by the
                                            Officer may be an Office Director, for                                                                         case-by-case exceptions may be granted
                                                                                                     USAID Administrator, the definition of
                                            example, the Directors of USAID/W/                                                                             to the provisions of Subpart F—Audit
                                                                                                     the USAID Identity may be amended to
                                            Office of Foreign Disaster Assistance                                                                          Requirements of this Part.
                                                                                                     include additional or substitute use of a
                                            and Office of Transition Initiatives. For                                                                         (b) USAID’s Assistant Administrator,
                                            non-presence countries, the cognizant                    logo or seal and tagline representing a
                                                                                                                                                           Bureau for Management, or designee as
                                            Principal Officer is the Senior USAID                    presidential initiative or other high level
                                                                                                                                                           delegated in Agency policy, is also
                                            officer in a regional USAID Operating                    interagency Federal initiative that
                                                                                                                                                           authorized to approve exceptions, on a
                                            Unit responsible for the non-presence                    requires consistent and uniform
                                                                                                                                                           class or an individual case basis, to
                                            country, or in the absence of such a                     branding and marking by all
                                                                                                                                                           USAID program specific assistance
                                            responsible operating unit, the Principle                participating agencies. The USAID
                                                                                                                                                           regulations other than those which
                                            U.S Diplomatic Officer in the non-                       Identity (including any required
                                                                                                                                                           implement statutory and executive
                                            presence country exercising delegated                    presidential initiative or related
                                                                                                                                                           order requirements.
                                            authority from USAID.                                    identity) is available on the USAID Web
                                                                                                                                                              (c) The Federal awarding agency may
                                               Program means an organized set of                     site at http://www.usaid.gov/branding
                                                                                                                                                           apply more restrictive requirements to a
                                            activities and allocation of resources                   and is provided without royalty, license
                                                                                                                                                           class of Federal awards or non-Federal
                                            directed toward a common purpose,                        or other fee to recipients of USAID
                                                                                                                                                           entities when approved by OMB,
                                            objective, or goal undertaken or                         funded grants or cooperative agreements
                                                                                                                                                           required by Federal statutes or
                                            proposed by an organization to carry out                 or other assistance awards.
                                                                                                                                                           regulations except for the requirements
                                            the responsibilities assigned to it.                                                                           in Subpart F—Audit Requirements of
                                            Projects include all the marginal costs of               Subpart B—General Provisions
                                                                                                                                                           this part. A Federal awarding agency
                                            inputs (including the proposed                           § 700.2   Adoption of 2 CFR Part 200.                 may apply less restrictive requirements
                                            investment) technically required to                                                                            when making awards at or below the
                                            produce a discrete marketable output or                    Under the authority listed above the
                                                                                                     Agency for International Development                  simplified acquisition threshold, or
                                            a desired result (for example, services                                                                        when making fixed amount awards as
                                            from a fully functional water/sewage                     adopts the Office of Management and
                                                                                                     Budget (OMB) guidance Uniform                         defined in Subpart A—Acronyms and
                                            treatment facility).                                                                                           Definitions of 2 CFR part 200, except for
                                               Public communications are                             Administrative Requirements, Cost
                                                                                                     Principles, and Audit Requirements for                those requirements imposed by statute
                                            documents and messages intended for                                                                            or in Subpart F—Audit Requirements of
                                            distribution to audiences external to the                Federal Awards to Non-Federal Entities
                                                                                                     (subparts A through F of 2 CFR part                   this part.
                                            recipient’s organization. They include,
                                            but are not limited to, correspondence,                  200), as supplemented by this part, as                § 700.5    Supersession.
                                            publications, studies, reports, audio                    the Agency for International
                                                                                                                                                              Effective December 26, 2014, this part
                                            visual productions, and other                            Development (USAID) policies and
                                                                                                                                                           supersedes the following regulations
                                            informational products; applications,                    procedures for financial assistance
                                                                                                                                                           under Title 22 of the Code of Federal
                                            forms, press and promotional materials                   administration. This part satisfies the
                                                                                                                                                           Regulations: 22 CFR part 226,
                                            used in connection with USAID funded                     requirements of 2 CFR 200.110(a) and
                                                                                                                                                           ‘‘Administration of Assistance Awards
                                            programs, projects or activities,                        gives regulatory effect to the OMB
                                                                                                                                                           To U.S. Non-Governmental
                                            including signage and plaques; Web                       guidance as supplemented by this part.
                                                                                                                                                           Organizations.’’
                                            sites/Internet activities; and events such               § 700.3   Applicability.
                                            as training courses, conferences,                                                                              Subpart C—Pre-Federal Award
                                            seminars, press conferences and the                        (a) Subparts A through D of 2 CFR                   Requirements and Contents of Federal
                                            like.                                                    part 200 apply to for-profit entities. The            Awards
                                               Suspension means an action by                         Federal Acquisition Regulation (FAR) at
                                            USAID that temporarily withdraws                         48 CFR part 30, Cost Accounting                       § 700.6    Metric system of measurement.
                                            Federal sponsorship under an award,                      Standards, and Part 31, Contract Cost                    (a) The Metric Conversion Act, as
                                            pending corrective action by the                         Principles and Procedures, takes                      amended by the Omnibus Trade and
                                            recipient or pending a decision to                       precedence over the cost principles in                Competitiveness Act (15 U.S.C. 205)
                                            terminate the award. Suspension of an                    Subpart E for Federal awards to for-                  declares that the metric system is the
                                            award is a separate action from                          profit entities.                                      preferred measurement system for U.S.
                                            suspension under USAID regulations                         (b) Subpart E applies to foreign                    trade and commerce.
tkelley on DSK3SPTVN1PROD with RULES




                                            implementing E.O.’s 12549 and 12689,                     organizations and foreign public                         (b) Wherever measurements are
                                            ‘‘Debarment and Suspension.’’ See 2                      entities, except where the Federal                    required or authorized, they must be
                                            CFR part 780.                                            awarding agency determines that the                   made, computed, and recorded in
                                               Unrecovered indirect cost means the                   application of these subparts would be                metric system units of measurement,
                                            difference between the amount awarded                    inconsistent with the international                   unless otherwise authorized by the
                                            and the amount which could have been                     obligations of the United States or the               Agreement Officer in writing when it


                                       VerDate Sep<11>2014    16:04 Sep 16, 2015   Jkt 235001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\17SER1.SGM    17SER1


                                            55724            Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations

                                            has been found that such usage is                        Federal award and the amount which                    recipient or subrecipient. Federal
                                            impractical or is likely to cause U.S.                   would have been charged to the Federal                financial assistance does not include
                                            firms to experience significant                          award under the non-Federal entity’s                  contracts as defined at 2 CFR 200.22,
                                            inefficiencies or the loss of markets.                   approved negotiated indirect cost rate.               other contracts a Federal agency uses to
                                            Where the metric system is not the                                                                             buy goods or services from a contractor,
                                                                                                     § 700.11 Contracting with small and                   or contracts to operate Federal
                                            predominant standard for a particular
                                                                                                     minority businesses, women’s business
                                            application, measurements may be                         enterprises, and labor surplus area firms.            government owned, contractor operated
                                            expressed in both the metric and the                                                                           facilities (GOCOs). Profit is any amount
                                                                                                        (a) Make information on forthcoming
                                            traditional equivalent units, provided                                                                         in excess of allowable direct and
                                                                                                     opportunities available and arrange time
                                            the metric units are listed first.                                                                             indirect costs.
                                                                                                     frames for purchases and contracts to                    (2) Program income. As described in
                                            § 700.7    Advance payment.                              encourage and facilitate participation by             § 200.307(e)(2), program income earned
                                              Advance payment mechanisms                             small businesses, minority-owned firms,               by a for-profit entity may not be added
                                            include, but are not limited to, Letter of               and women’s business enterprises. To                  to the Federal award.
                                            Credit, Treasury check and electronic                    permit USAID, in accordance with the                     (b) [Reserved]
                                            funds transfer and must comply with                      small business provisions of the Foreign
                                            applicable guidance in 31 CFR part 205.                  Assistance Act of 1961, as amended, to                Termination and Disputes
                                                                                                     give United States small business firms               § 700.14   Termination.
                                            Subpart D—Post Federal Award                             an opportunity to participate in
                                                                                                                                                             If at any time USAID determines that
                                            Requirements                                             supplying commodities and services
                                                                                                                                                           continuation of all or part of the funding
                                                                                                     procured under the award, the recipient
                                            § 700.8    Payment.                                                                                            for a program should be suspended or
                                                                                                     must to the maximum extent possible
                                              (a) Use of resources before requesting                                                                       terminated because such assistance
                                                                                                     provide the following information to the
                                            advance payments. To the extent                                                                                would not be in the national interest of
                                                                                                     Office of Small Disadvantaged Business
                                            available, the non-Federal entity must                                                                         the United States or would be in
                                                                                                     Utilization (OSDBU), USAID,
                                            disburse funds available from program                                                                          violation of an applicable law, then
                                                                                                     Washington, DC 20523, at least 45 days
                                            income (including repayments to a                                                                              USAID may, following notice to the
                                                                                                     prior to placing any order or contract in             recipient, suspend or terminate the
                                            revolving fund), rebates, refunds,                       excess of the simplified acquisition
                                            contract settlements, audit recoveries,                                                                        award in whole or in part and prohibit
                                                                                                     threshold:                                            the recipient from incurring additional
                                            and interest earned on such funds                           (1) Brief general description and
                                            before requesting additional cash                                                                              obligations chargeable to the award
                                                                                                     quantity of goods or services;
                                            payments. This paragraph is not                             (2) Closing date for receiving                     other than those costs specified in the
                                            applicable to such earnings which are                    quotations, proposals or bids; and                    notice of suspension. If a suspension is
                                            generated as foreign currencies.                            (3) Address where solicitations or                 put into effect and the situation causing
                                              (b) Standards governing the use of                     specifications can be obtained.                       the suspension continues for 60
                                            banks and other institutions as                             (b) [Reserved]                                     calendar days or more, then USAID may
                                            depositories of advance payments under                                                                         terminate the award in whole or in part
                                            Federal awards are as follows:                           § 700.12    Contract provisions.                      on written notice to the recipient and
                                              (1) Except for situations described in                   (a) The non-Federal entity’s contracts              cancel any portion of the award which
                                            paragraph (b)(2) of this section, USAID                  must contain the applicable provisions                has not been disbursed or irrevocably
                                            does not require separate depository                     described in Appendix II to Part 200—                 committed to third parties.
                                            accounts for funds provided to a non-                    Contract Provisions for non-Federal
                                                                                                                                                           § 700.15   Disputes.
                                            Federal entity or establish any eligibility              Entity Contracts Under Federal Awards.
                                                                                                       (b) All negotiated contracts (except                  (a) Any dispute under or relating to a
                                            requirements for depositories for funds
                                                                                                     those for less than the simplified                    grant or agreement will be decided by
                                            provided to the non-Federal entity.
                                                                                                     acquisition threshold) awarded by the                 the USAID Agreement Officer. The
                                            However, the non-Federal entity must
                                                                                                     non-Federal entity must include a                     Agreement Officer must furnish the
                                            be able to account for receipt, obligation
                                                                                                     provision to the effect that the non-                 recipient a written copy of the decision.
                                            and expenditure of funds.                                                                                        (b) Decisions of the USAID Agreement
                                              (2) Advance payments of Federal                        Federal Entity, USAID, the Comptroller
                                                                                                     General of the United States, or any of               Officer will be final unless, within 30
                                            funds must be deposited and
                                                                                                     their duly authorized representatives,                calendar days of receipt of the decision,
                                            maintained in insured accounts
                                                                                                     must have access to any books,                        the recipient appeals the decision to
                                            whenever possible.
                                                                                                     documents, papers and records of the                  USAID’s Assistant Administrator,
                                            § 700.9    Property standards.                           contractor which are directly pertinent               Bureau for Management, or designee as
                                              (a) Real property. Unless the                          to a specific program for the purpose of              delegated in Agency policy. Appeals
                                            agreement provides otherwise, title to                   making audits, examinations, excerpts                 must be in writing with a copy
                                            real property will vest in accordance                    and transcriptions.                                   concurrently furnished to the
                                            with 2 CFR 200.311.                                                                                            Agreement Officer.
                                              (b) Equipment. Unless the agreement                    § 700.13 Additional provisions for awards               (c) In order to facilitate review of the
                                            provides otherwise, title to equipment                   to for-profit entities.                               record by the USAID’s Assistant
                                            will vest in accordance with 2 CFR                         (a) This paragraph contains additional              Administrator, Bureau for Management,
                                            200.313.                                                 provisions that apply to awards to for-               or designee as delegated in Agency
                                                                                                     profit entities. These provisions                     policy, the recipient will be given an
                                            § 700.10    Cost sharing or matching.                    supplement and make exceptions for                    opportunity to submit written evidence
tkelley on DSK3SPTVN1PROD with RULES




                                              Unrecovered indirect costs, including                  awards to for-profit entities from other              in support of its appeal. No hearing will
                                            indirect costs on cost sharing or                        provisions of this part.                              be provided.
                                            matching may be included as part of                        (1) Prohibition against profit. No                    (d) Decisions by the Assistant
                                            cost sharing or matching. Unrecovered                    funds will be paid as profit to any for-              Administrator, Bureau for Management,
                                            indirect cost means the difference                       profit entity receiving or administering              or designee as delegated in Agency
                                            between the amount charged to the                        Federal financial assistance as a                     policy, will be final.


                                       VerDate Sep<11>2014    16:04 Sep 16, 2015   Jkt 235001   PO 00000   Frm 00004   Fmt 4700   Sfmt 4700   E:\FR\FM\17SER1.SGM   17SER1


                                                             Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations                                        55725

                                            USAID—Specific Requirements                                (c) Subject to § 700.16(a), (h), and (j),           Strategy, and will negotiate, approve
                                                                                                     technical assistance, studies, reports,               and include the Branding Strategy in the
                                            § 700.16   Marking.                                      papers, publications, audio-visual                    award. Failure to submit or negotiate a
                                              (a) USAID policy is that all programs,                 productions, public service                           Branding Strategy within the time
                                            projects, activities, public                             announcements, Web sites/Internet                     specified by the Agreement Officer will
                                            communications, and commodities,                         activities and other promotional,                     make the apparently successful
                                            specified further at paragraphs (c)                      informational, media, or                              applicant ineligible for award.
                                            through (f) of this section, partially or                communications products funded by                        (g) After merit review of applications
                                            fully funded by a USAID grant or                         USAID must be marked with the USAID                   for USAID funding, USAID Agreement
                                            cooperative agreement or other                           Identity.                                             Officers will request apparently
                                            assistance award or subaward must be                       (1) Any ‘‘public communications’’ as                successful applicants to submit a
                                            marked appropriately overseas with the                   defined in § 700.1, funded by USAID, in               Marking Plan, defined in § 700.1. The
                                            USAID Identity, of a size and                            which the content has not been                        Marking Plan may include requests for
                                            prominence equivalent to or greater                      approved by USAID, must contain the                   approval of Presumptive Exceptions,
                                            than the recipient’s, other donor’s or                   following disclaimer:                                 paragraph (h) of this section. All
                                            any other third party’s identity or logo.                  This study/report/audio/visual/other                estimated costs associated with
                                              (1) USAID reserves the right to require                information/media product (specify) is made           branding and marking USAID programs,
                                            the USAID Identity to be larger and                      possible by the generous support of the               such as plaques, labels, banners, press
                                            more prominent if it is the majority                     American people through the United States             events, promotional materials, and the
                                            donor, or to require that a cooperating                  Agency for International Development                  like, must be included in the total cost
                                            country government’s identity be larger                  (USAID). The contents are the responsibility          estimate of the grant or cooperative
                                            and more prominent if circumstances                      of [insert recipient name] and do not                 agreement or other assistance award,
                                            warrant; any such requirement will be                    necessarily reflect the views of USAID or the
                                                                                                     United States Government.
                                                                                                                                                           and are subject to revision and
                                            on a case-by-case basis depending on                                                                           negotiation with the Agreement Officer
                                            the audience, program goals and                             (2) The recipient must provide the                 upon submission of the Marking Plan.
                                            materials produced.                                      Agreement Officer’s Representative                    The Marking Plan will not be evaluated
                                              (2) USAID reserves the right to request                (AOR) or other USAID personnel                        competitively. The Agreement Officer
                                            pre-production review of USAID funded                    designated in the grant or cooperative                will review for adequacy the proposed
                                            public communications and program                        agreement with at least two copies of all             Marking Plan, and will negotiate,
                                            materials for compliance with the                        program and communications materials                  approve and include the Marking Plan
                                            approved Marking Plan.                                   produced under the award. In addition,                in the award. Failure to submit or
                                              (3) USAID reserves the right to require                the recipient must submit one electronic              negotiate a Marking Plan within the
                                            marking with the USAID Identity in the                   and/or one hard copy of all final                     time specified by the Agreement Officer
                                            event the recipient does not choose to                   documents to USAID’s Development                      will make the apparently successful
                                            mark with its own identity or logo.                      Experience Clearinghouse.                             applicant ineligible for award.
                                              (4) To ensure that the marking                            (d) Subject to § 700.16(a), (h), and (j),          Agreement Officers have the discretion
                                            requirements ‘‘flow down’’ to                            events financed by USAID such as                      to suspend the implementation
                                            subrecipients of subawards, recipients                   training courses, conferences, seminars,              requirements of the Marking Plan if
                                            of USAID funded grants and cooperative                   exhibitions, fairs, workshops, press                  circumstances warrant. Recipients of
                                            agreements or other assistance awards                    conferences and other public activities,              USAID funded grant or cooperative
                                            are required to include a USAID-                         must be marked appropriately with the                 agreement or other assistance award or
                                            approved marking provision in any                        USAID Identity. Unless directly                       subaward should retain copies of any
                                            USAID funded subaward, to read as                        prohibited and as appropriate to the                  specific marking instructions or waivers
                                            follows:                                                 surroundings, recipients should display               in their project, program or activity files.
                                               As a condition of receipt of this subaward,           additional materials such as signs and                Agreement Officer’s Representatives
                                            marking with the USAID Identity of a size                banners with the USAID Identity. In                   will be assigned responsibility to
                                            and prominence equivalent to or greater than             circumstances in which the USAID                      monitor marking requirements on the
                                            the recipient’s, subrecipient’s, other donor’s           Identity cannot be displayed visually,                basis of the approved Marking Plan.
                                            or third party’s is required. In the event the           recipients are encouraged otherwise to                   (h) Presumptive exceptions:
                                            recipient chooses not to require marking with            acknowledge USAID and the American                       (1) The above marking requirements
                                            its own identity or logo by the subrecipient,            people’s support.                                     in § 700.16(a) through (e) may not apply
                                            USAID may, at its discretion, require marking               (e) Subject to § 700.16(a), (h), and (j),          if marking would:
                                            by the subrecipient with the USAID Identity.             all commodities financed by USAID,                       (i) Compromise the intrinsic
                                              (b) Subject to § 700.16(a), (h), and (j),              including commodities or equipment                    independence or neutrality of a program
                                            program, project, or activity sites funded               provided under humanitarian assistance                or materials where independence or
                                            by USAID, including visible                              or disaster relief programs, and all other            neutrality is an inherent aspect of the
                                            infrastructure projects (for example,                    equipment, supplies and other materials               program and materials, such as election
                                            roads, bridges, buildings) or other                      funded by USAID, and their export                     monitoring or ballots, and voter
                                            programs, projects, or activities that are               packaging, must be marked with the                    information literature; political party
                                            physical in nature (for example,                         USAID Identity.                                       support or public policy advocacy or
                                            agriculture, forestry, water                                (f) After merit review of applications             reform; independent media, such as
                                            management), must be marked with the                     for USAID funding, USAID Agreement                    television and radio broadcasts,
                                            USAID Identity. Temporary signs or                       Officers will request apparently                      newspaper articles and editorials;
tkelley on DSK3SPTVN1PROD with RULES




                                            plaques should be erected early in the                   successful applicants to submit a                     public service announcements or public
                                            construction or implementation phase.                    Branding Strategy, defined in § 700.1.                opinion polls and surveys.
                                            When construction or implementation is                   The proposed Branding Strategy will                      (ii) Diminish the credibility of audits,
                                            complete, a permanent, durable sign,                     not be evaluated competitively. The                   reports, analyses, studies, or policy
                                            plaque or other marking must be                          Agreement Officer will review for                     recommendations whose data or
                                            installed.                                               adequacy the proposed Branding                        findings must be seen as independent.


                                       VerDate Sep<11>2014    16:04 Sep 16, 2015   Jkt 235001   PO 00000   Frm 00005   Fmt 4700   Sfmt 4700   E:\FR\FM\17SER1.SGM   17SER1


                                            55726            Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations

                                               (iii) Undercut host-country                           compelling political, safety, or security             fee to recipients of USAID grants,
                                            government ‘‘ownership’’ of                              concerns, or marking would have an                    cooperative agreements or other
                                            constitutions, laws, regulations,                        adverse impact in the cooperating                     assistance awards or subawards.
                                            policies, studies, assessments, reports,                 country. USAID recipients may request                 Additional costs associated with
                                            publications, surveys or audits, public                  waivers of the Marking Plan in whole or               marking requirements will be met by
                                            service announcements, or other                          in part, through the AOR. No marking                  USAID if reasonable, allowable, and
                                            communications better positioned as                      is required while a waiver                            allocable under 2 CFR part 200, subpart
                                            ‘‘by’’ or ‘‘from’’ a cooperating country                 determination is pending. The waiver                  E. The standard cost reimbursement
                                            ministry or government official.                         determination on safety or security                   provisions of the grant, cooperative
                                               (iv) Impair the functionality of an                   grounds must be made in consultation                  agreement, other assistance award or
                                            item, such as sterilized equipment or                    with U.S. Government security                         subaward must be followed when
                                            spare parts.                                             personnel if available, and must                      applying for reimbursement of
                                               (v) Incur substantial costs or be                     consider the same information that                    additional marking costs.
                                            impractical, such as items too small or                  applies to determinations of the safety                  (End of award term)
                                            other otherwise unsuited for individual                  and security of U.S. Government
                                            marking, such as food in bulk.                           employees in the cooperating country,                 Angelique M. Crumbly,
                                               (vi) Offend local cultural or social                  as well as any information supplied by                Agency Regulatory Official, U.S. Agency for
                                            norms, or be considered inappropriate                    the AOR or the recipient for whom the                 International Development.
                                            on such items as condoms, toilets, bed                   waiver is sought. When reviewing a                    [FR Doc. 2015–23419 Filed 9–16–15; 8:45 am]
                                            pans, or similar commodities.                            request for approval of a waiver, the                 BILLING CODE 6116–01–P
                                               (vii) Conflict with international law.                Principal Officer may review how
                                               (2) These exceptions are presumptive,                 program materials will be marked (if at
                                            not automatic and must be approved by                    all) if the USAID Identity is removed.
                                            the Agreement Officer. Apparently                        Approved waivers are not limited in                   OFFICE OF PERSONNEL
                                            successful applicants may request                        duration but are subject to Principal                 MANAGEMENT
                                            approval of one or more of the                           Officer review at any time due to
                                            presumptive exceptions, depending on                     changed circumstances. Approved                       5 CFR Parts 890 and 892
                                            the circumstances, in their Marking                      waivers ‘‘flow down’’ to recipients of
                                            Plan. The Agreement Officer will review                  subawards unless specified otherwise.                 RIN 3206–AN08
                                            requests for presumptive exceptions for                  Principal Officers may also authorize
                                            adequacy, along with the rest of the                     the removal of USAID markings already                 Federal Employees Health Benefits
                                            Marking Plan. When reviewing a request                   affixed if circumstances warrant.                     Program Self Plus One Enrollment
                                            for approval of a presumptive exception,                 Principal Officers’ determinations                    Type
                                            the Agreement Officer may review how                     regarding waiver requests are subject to
                                            program materials will be marked (if at                  appeal to the Principal Officer’s                     AGENCY:  Office of Personnel
                                            all) if the USAID identity is removed.                   cognizant Assistant Administrator.                    Management.
                                            Exceptions approved will apply to                        Recipients may appeal by submitting a                 ACTION: Final rule.
                                            subrecipients unless otherwise provided                  written request to reconsider the
                                            by USAID.                                                Principal Officer’s waiver determination              SUMMARY:   The United States Office of
                                               (i) In cases where the Marking Plan                   to the cognizant Assistant                            Personnel Management (OPM) is issuing
                                            has not been complied with, the                          Administrator.                                        a final rule to amend the Federal
                                            Agreement Officer will initiate                             (2) Non-retroactivity. Marking                     Employees Health Benefits (FEHB)
                                            corrective action. Such action may                       requirements apply to any obligation of               Program regulations to add an
                                            involve informing the recipient of a                     USAID funds for new awards as of                      additional enrollment type called ‘‘self
                                            USAID grant or cooperative agreement                     January 2, 2006. Marking requirements                 plus one’’ for premium rating and
                                            or other assistance award or subaward                    also will apply to new obligations under              family member eligibility purposes.
                                            of instances of noncompliance and                        existing awards, such as incremental                  DATES: This rule is effective September
                                            requesting that the recipient carry out                  funding actions, as of January 2, 2006,               17, 2015.
                                            its responsibilities as set forth in the                 when the total estimated cost of the
                                            Marking Plan and award. Major or                                                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                     existing award has been increased by
                                            repeated non-compliance with the                                                                               Chelsea Ruediger at Chelsea.Ruediger@
                                                                                                     USAID or the scope of effort is changed
                                            Marking Plan will be governed by the                                                                           opm.gov or (202) 606–0004.
                                                                                                     to accommodate any costs associated
                                            uniform suspension and termination                       with marking. In the event a waiver is                SUPPLEMENTARY INFORMATION: The U.S.
                                            procedures set forth at 2 CFR 200.338                    rescinded, the marking requirements                   Office of Personnel Management (OPM)
                                            through 2 CFR 200.342, and 2 CFR                         will apply from the date forward that                 issued a Notice of Proposed Rulemaking
                                            700.14.                                                  the waiver is rescinded. In the event a               on December 2, 2014 to amend title 5 of
                                               (j)(1) Waivers. USAID Principal                       waiver is rescinded after the period of               the Code of Federal Regulations parts
                                            Officers, defined for purposes of this                   performance as defined in 2 CFR 200.77                890 and 892 to include a self plus one
                                            provision at § 700.1, may at any time                    but before closeout as defined in 2 CFR               enrollment type to comply with the
                                            after award waive in whole or in part                    200.16., the USAID mission or operating               2013 Bipartisan Budget Act. During the
                                            the USAID approved Marking Plan,                         unit with initial responsibility to                   comment period on the proposed rule,
                                            including USAID marking requirements                     administer the marking requirements                   OPM received 64 comments including 5
                                            for each USAID funded program,                           must make a cost benefit analysis as to               from Federal Employees Health Benefits
tkelley on DSK3SPTVN1PROD with RULES




                                            project, activity, public communication                  requiring USAID marking requirements                  (FEHB) Program carriers, 2 from
                                            or commodity, or in exceptional                          after the date of completion of the                   employee organizations or unions, 1
                                            circumstances may make a waiver by                       affected programs, projects, activities,              from a carrier organization, and 56 from
                                            region or country, if the Principal                      public communications or commodities.                 individuals, many of them enrollees in
                                            Officer determines that otherwise                           (k) The USAID Identity and other                   the FEHB Program. These comments are
                                            USAID required marking would pose                        guidance will be provided at no cost or               addressed below.


                                       VerDate Sep<11>2014    16:04 Sep 16, 2015   Jkt 235001   PO 00000   Frm 00006   Fmt 4700   Sfmt 4700   E:\FR\FM\17SER1.SGM   17SER1



Document Created: 2015-12-15 09:33:42
Document Modified: 2015-12-15 09:33:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective October 19, 2015.
ContactMichael Gushue, Telephone: 202-567- 4678, Email: [email protected]
FR Citation80 FR 55721 
RIN Number0412-AA73
CFR AssociatedAccounting; Administrative Practice and Procedure; Audit Requirements; Grant Administration; Grant Programs and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR