About 2 CFR 180

2 CFR 180 is OMB's guidance to federal awarding agencies implementing EO 12549, “Debarment and Suspension,” EO 12689, “Debarment and Suspension” (unavailable on line), and section 2455 of the Federal Acquisition Streamlining Act of 1994, Public Law 103-355 (31 U.S.C. 6101, note beginning at the bottom of right-hand column of page 428).

2 CFR 180 requires federal awarding agencies to publish their own regulations to give it regulatory effect. The agencies that I generally follow on this site have published the following regulations in compliance with this guidance:

The guidance (and each agency's adopting regulation) requires award recipients to disclose certain violations of federal law. Disclosures are typically made at the time of application for an award and any subsequent time when a violation occurs.

Parallel to and in concert with this guidance, OMB also includes a mandatory award term and condition in 2 CFR 200, Appendix XII, requiring not only disclosure (as above) but also semiannual reporting via SAM (currently FAPIIS) for each recipient with $10 million or more in combined federal awards. This semiannual reporting is required whether or not the organization has violations to disclose. See Appendix XII, paragraph 4.

USAID uses its Standard Provisions (M8 and M28 for US NGOs — M12 and M26 for non-US NGOs) to explicitly require disclosure of violations. However, the imposition of the mandatory semiannual reporting via SAM is (so far) only implicit, through USAID's invocation of 2 CFR 200 in its award agreements (to US recipients).

In any case, beginning 01 JAN 2016, the semiannual reporting is required, and organizations receiving $10 million or more in combined federal awards must be sure to keep their SAM registration information current on a semiannual schedule.

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