The Office of Management and Budget (OMB) sets forth Federal government-wide guidance for Federal assistance (e.g., grants and cooperative agreements) in its Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is codified in Part 200 of Title 2 of the Code of Federal Regulations ("Part 200 Uniform Requirements" or "Part 200").
Part 200 sets forth various government-wide general provisions applicable to Federal financial assistance. It describes requirements from pre- through post-award, including property standards; procurement standards; performance and financial monitoring and reporting; subrecipient monitoring and management; record retention and access; remedies for non-compliance with an award or subaward; and award closeout and post-closeout responsibilities. It also sets forth cost principles, including specific guidance on selected items of cost, to guide recipients and subrecipients in their use of Federal funds.
The U.S. Department of Justice (DOJ) adopts Part 200 in the DOJ regulation at 2 C.F.R. Part 2800. The DOJ regulation adopts the entirety of Part 200, with a minor supplement to 2 C.F.R. sections 200.313 and 200.314 to set forth unique property and equipment rules applicable specifically to the Byrne JAG Program. In addition, DOJ awards typically contain a condition requiring recipients (and subrecipients) to follow 2 C.F.R. Part 200, as adopted by DOJ.
The DOJ Grants Financial Guide is a user-friendly summary of key information from 2 C.F.R. Part 200 (and some other Federal laws and guidance) specific to DOJ awards.
2024 Part 200 Uniform Requirements Updates
In 2024, OMB updated the OMB Guidance for Federal Financial Assistance, including the Part 200 Uniform Requirements.
See below for information about how these changes affect your OJP awards.
The revised Part 200 Uniform Requirements apply to all OJP awards active on or after October 1, 2024 (with respect to actions after that date), regardless of when the award was made.
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Be sure to review the updated Part 200 Uniform Requirements (see Reference Documents) to ensure you remain in compliance. If you have any specific questions regarding Part 200 Uniform Requirements applicability to your award, contact your assigned DOJ Grant Manager.
Here are some key updates relevant to OJP grantees:
| Uniform Guidance | What This Means for an OJP Recipient |
|---|---|
| Whistleblower protections language (200.217) | Recipients and subrecipients must now inform their employees in writing of Federal whistleblower protections provided by law. The process for reporting waste, fraud, and abuse to the DOJ Office of the Inspector General (OIG) remains the same. Refer to your award special conditions for OIG reporting information. |
| Indirect costs and modified total direct costs (MTDC) language (200.1) | The threshold for how much of a subaward can be used for indirect cost calculations on a project has increased from $25,000 to $50,000. Recipients would need to submit a budget modification GAM to apply this change to awards. |
| De minimis indirect cost rate language (200.414) | The de minimis rate threshold increased from 10% of MTDC to 15% of MTDC. If the award has sufficient funds and the recipient is interested in requesting an increase of the de minimis rate up to 15%, then it should submit a budget modification GAM. |
| Equipment (200.313(b)) | Change requires an Indian Tribe to use, manage, and dispose of equipment in accordance with its tribal laws and procedures, if such laws and procedures exist. |
| Procurement by Indian Tribes language (200.317) | Change requires an Indian Tribe to apply its own procurement policy, if it has one, plus certain Part 200 provisions (i.e., 2 C.F.R. 200.321-323 and 200.327). (If the procurement occurred before October 1, 2024, the Tribe was required to have applied the Part 200 procurement policy requirements in 2 C.F.R. 200.318-327, regardless of whether it has its own policy.) |
| Procurement standards: competition (200.319) and contracting language (200.321(a)) | Previous prohibition of using geographic preferences in procurement have been eliminated. When possible, recipients and subrecipients should ensure small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms are considered for contracting purposes. |
| Definitions: supplies and equipment (200.313 and 200.314) | "Equipment" threshold increased from $5,000 to $10,000. Procurement on or after October 1, 2024, of items with a per unit requisition cost under $10,000 that previously would have been considered equipment would now be considered supplies. (Recipient or subrecipient capitalization policies may—as was the case prior to the 2024 changes—set a lower capitalization threshold.) May necessitate financial GAMs to reflect revised classifications across budget categories. |
| Revision of budget and program plans (award extensions/no-cost extensions) (200.308(f)(10), 200.308(g)(2)) | Recipients are still required to submit a GAM 30 days prior to the current end date of the project period for extensions (one-time or additional). GAMs are administratively necessary because they serve to notify OJP of the request and ensure all award documentation and financial systems are updated. If there are fewer than 30 days remaining in a project period, the assigned DOJ Grant Manager can initiate the request. A one-time extension of the period performance by up to 12 months, supported by a robust narrative justification addressing how it will further the funded project (other than the "sole purpose of unobligated balances"), generally will be considered. Additional extensions, however, are subject to additional scrutiny. |
| Revision of budget and program plans language (subrecipients and subrecipient activities) (200.308(f)(6)) | Under competitive and certain formula funding opportunities, changes to subrecipients or subrecipient activities generally still need to be reviewed and approved through budget modification and scope change GAMs because they are considered in eligibility and merit review. |
| Requirements for pass-through entities (200.332) and subrecipient required certifications (200.415) | Increased emphasis on risk assessment responsibilities for pass-through entities. |
| Termination and standard closeout costs (200.472) | Makes allowable administrative costs associated with closeout activities that can be charged during the closeout period. These costs may be incurred up until, and must be liquidated by, the due date of the final report and charged to the final budget period unless otherwise specified by OJP. |
| Audit requirements language (200.501) | Should the entity expend $1,000,000 (previously $750,000) or more in Federal awards during the fiscal year (applicable for entities whose fiscal year begins on or after October 1, 2024), the entity must have a single audit conducted in accordance with 200.514—except when it elects to have a program-specific audit conducted in accordance with paragraph 200.501(c) or (d). |
| Appendix 1: Notice of Funding Opportunity (NOFO) language (200.204) | Funding opportunities, historically referred to as "solicitations" at OJP, are now known as Notices of Funding Opportunities (NOFOs). OJP NOFOs will contain similar information seen in other Federal NOFOs and include the same or similar section headings and table of contents. Forthcoming OJP NOFOs will reflect the April 2024 Memorandum on Reducing Burden in the Administration of Federal Financial Assistance with increased accessibility, readability, clarity, and design. |
Reference Documents
- Code of Federal Regulations: 2 C.F.R. Part 200
- Final rule notification
- Resource comparing changes enacted on October 1, 2024
- Memorandum on Reducing Burden in the Administration of Federal Financial Assistance
- DOJ Grants Financial Guide
- JustGrants Training Resources
- Subrecipient/Contract Toolkit
- Council on Federal Financial Assistance (COFFA)
- Archived documentation of previous guidance
Added detailed C.F.R. links.
OJP hosted three Q&A Sessions about the Part 200 Uniform Requirements and the impact of future OJP awards.
Watch the webinar.
View presentation slides.
- Tuesday, October 8, at 3:00 p.m. ET
- Tuesday, October 15, at 2:00 p.m. ET
- Tuesday, October 22, at 12:30 p.m. ET