OMB No. 0581-0240

Agricultural Marketing Service (AMS)

Grants Division

General Terms and Conditions

Effective Date: January 2024
TABLE OF CONTENTS

1.0 OVERVIEW OF GENERAL TERMS AND CONDITIONS .................................................................................. 5

1.1 Common Terms and Acronyms ..................................................................................................................... 5

1.2 Order of Precedence.................................................................................................................................... 6

1.3 Definitions ................................................................................................................................................... 6

2.0 FINANCIAL MANAGEMENT .......................................................................................................................... 8

2.1 Audit Requirements..................................................................................................................................... 9

2.2 Cost Sharing or Matching ............................................................................................................................ 9

3.0 SUBRECIPIENT MONITORING & MANAGEMENT........................................................................................... 9

4.0 PAYMENTS .................................................................................................................................................10

4.1 Types of Payments.....................................................................................................................................10

4.2 How to Request Payments.........................................................................................................................10

4.3 Payment Source Documentation and Other Requirements......................................................................11

4.4 Timely Drawdown and Use of Grant Funds................................................................................................11

5.0 INTEREST EARNED AND ADVANCES OF GRANTS FUNDS ..............................................................................11

6.0 PROGRAM INCOME....................................................................................................................................12

7.0 PROCUREMENTS ........................................................................................................................................12

8.0 ALLOWABLE COST AND ACTIVITIES ..............................................................................................................12

8.1 Indirect Costs...............................................................................................................................................12

8.2 Allowable and Unallowable Costs and Activities.........................................................................................13

9.0 CHANGES REQUIRING PRIOR WRITTEN APPROVAL .....................................................................................22

9.1 Change in Key Personnel/Time Devoted to the Project ..............................................................................22

9.2 Change in Scope or Objectives ..................................................................................................................22

9.3 One-TimeExtension...................................................................................................................................23

9.4 BudgetChange.............................................................................................................................................23

9.5 Pre-Award Costs ..........................................................................................................................................24

9.6 Contracting or Subawarding for Activities Central to the Award’s Purpose(s) .............................................24

9.7 Specific New Costs ........................................................................................................................................24

9.8 Changes to Recipient Name or Address .....................................................................................................24

9.9 Cost Share or Match – Changes in the Amount or Source .........................................................................25

10.0 PERFORMANCE AND FINANCIAL REPORTS ................................................................................................25

10.1 Interim Performance and Financial Reports..............................................................................................26

10.2 Final Performance and Financial Reports...................................................................................................26

10.3 Review of Performance and Financial Reports ...........................................................................................26

10.4 Public Access to Records ............................................................................................................................26

10.5 Disparaging Language and Protected PII....................................................................................................26

10.6 OverdueReports........................................................................................................................................27

11.0 ACKNOWLEDGEMENT OF SUPPORT..........................................................................................................27

12.0 PROPERTY MANAGEMENT .......................................................................................................................27

12.1 Disposition of Real Property, Intangible Property, Equipment, and Supplies ...........................................28

13.0 CLOSEOUT .................................................................................................................................................29

13.1 Closeout Checklist......................................................................................................................................29

13.2 Unused and Returned Funds.....................................................................................................................29

14.0 RECORD RETENTION................................................................................................................................. 30

15.0 ACCESS TO RECORDS .............................................................................................................................30

16.0 REMEDIES FOR NONCOMPLIANCE ............................................................................................................30

16.1 Disallow Costs ............................................................................................................................................30

16.2 Withdrawal of Authorized Personnel Approval.........................................................................................30

16.3 Withholding of Payments..........................................................................................................................30

16.4 Withholding of Support.............................................................................................................................31
16.5 Suspension or Termination........................................................................................................................31

16.6 Specific Conditionsfor High-Risk Recipients...............................................................................................31

17.0 APPEALS RELATED TO NON-COMPLIANCE REMEDIES ................................................................................31

18.0 SITE VISITS ...............................................................................................................................................32

19.0 LIMIT OF FEDERAL LIABILITY .....................................................................................................................32

20.0 FRAUD, WASTE, AND ABUSE.....................................................................................................................32

21.0 PROHIBITION OF CONFIDENTIALITY AGREEMENTS....................................................................................33

22.0 PAPERWORK REDUCTION.........................................................................................................................33

23.0 NONDISCRIMINATION STATEMENT ..........................................................................................................34

24.0 ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS ........................................................................34
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1.0 OVERVIEW OF GENERAL TERMS AND CONDITIONS

The Agricultural Marketing Service (AMS) Grants Division general terms and conditions apply to all AMS grant 

agreements and provide the requirements for a recipient’s grant. The term “grant” is used to mean either grants or 

cooperative agreements. The general terms and conditions are determined by statutory, regulatory, and agency 

requirements, as well as by administrative policies. When applicable, program-specific terms and conditions may 

be included with your award. If there are differences, the program specific terms and conditions overrides the 

general terms and conditions. By accepting a grant agreement with AMS, recipients accept responsibility for all 

applicable terms and conditions. Failure to comply may result in actions described in section 17.0 Remedies for 

Noncompliance. 

AMS uses GrantSolutions (GS) as its online grants and agreements management system and the Payment 

Management System (PMS) for processing grant payments. 

The Notice of Award references these terms and conditions and provides a link to the AMS website that contains 

all related documents to manage the award. 

Throughout the AMS general terms and conditions, the use of the word “must” indicates a requirement. The use of 

the word “should” or “may” indicates a best practice or recommended approach rather than a requirement and

permits discretion. 

1.1 Common Terms and Acronyms

Term/Acronym Meaning

ACH Automated Clearing House

AMS Agricultural Marketing Service

AOR Authorized Organization Representative/Official

CFDA Catalog of Federal Domestic Assistance

CFR Code of Federal Regulations

EFT Electronic Fund Transfer

GS GrantSolutions

FAIN Federal Award Identification Number; also known asthe Grant Agreement Number

FAPIIS Federal Awardee Performance and Integrity Information System

GAAP Generally Accepted Accounting Principles

GAGAS Generally Accepted Government Auditing Standards

GSA General Services Administration

OMB Office of Management and Budget

PMS Payment Management System of the Department of Health and Human Services

Protected PII Protected Personally Identifiable Information

SAM System for Award Management (SAM.gov)

SF Standard Form

UEI Unique Entity Identifier; formerly known as DUNS

USDA United States Department of Agriculture
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1.2 Order of Precedence

If there is an inconsistency between award provisions, AMS will resolve the issue by giving precedence in the 

following order:

1. Applicable laws and statutes of the United States, including any specific legislative provisions 

mandated in the statutory authority for the award

2. Code of Federal Regulations, including the Uniform Administrative Requirements, Cost Principles, and 

Audit Requirements for Federal Awards

3. Program-Specific Terms and Conditions of Award (if applicable)

4. AMS General Terms and Conditions for Grants Agreements

5. Agency policy

6. Application documents

1.3 Definitions

AMS aligns its grant term definitions to the maximum extent possible with the Uniform Administrative 

Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR § 200.1). Pertinent definitions

from 2 CFR Part 200 referenced in this document are highlighted below:

• Acquisition cost means the cost of the asset including the cost to prepare the asset for its intended use. 

Acquisition cost for equipment is the net invoice price of the equipment, including the cost of any 

modifications, attachments, accessories, or auxiliary apparatus necessary to make it usable for its 

acquired purpose. 

• Budget period means the time interval from the start date of a funded portion of an award to the end 

date of that funded portion during which recipients are authorized to expend the funds awarded, 

including any funds carried forward or other revisions pursuant to 2 CFR § 200.308. 

• Cost sharing or matching means the portion of project costs not paid by Federal funds or contributions

(unless otherwise authorized by Federal statute). See also 2 CFR § 200.306. 

• Equipment means tangible personal property (including information technology systems) having a useful 

life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the 

capitalization level established by the non-Federal entity for financial statement purposes, or $5,000.

o General Purpose Equipment means equipment which is not limited to research, medical, 

scientific, or other technical activities. Examples could include office furniture, air conditioners, 

or copiers. 

o Special Purpose Equipment means equipment which is used only for research, medical, scientific, 

or other technical activities. Examples could include food processing equipment, cold storage 

units, or other items that are necessary to carry out the technical activities of the grant. 

o Information Technology Systems and Telecommunications Information technology systems 

include computing devices, ancillary equipment, software, firmware, and similar procedures, 

services (including support services), and related resources. Computing devices means machines 

used to acquire, store, analyze, process, and publish data and other information electronically, 

including accessories (or “peripherals”) for printing, transmitting and receiving, or storing 

electronic information. Examples of unallowable information technology systems include service 

contracts, operating systems, printers, and computers that have an acquisition cost of $5,000 or 

more. See also special prohibition on the purchase of certain telecommunications and video 

surveillance described in 2 CFR § 200.216.

• Federal award means the Federal financial assistance that a recipient receives directly from a Federal 

awarding agency or indirectly from a pass-through entity, as described in 2 CFR § 200.101.The instrument 

setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, 

other agreement for assistance or the cost -reimbursement contracted awarded under the Federal 

Acquisition Regulations.
7 

• Intangible property means property having no physical existence, such as trademarks, copyrights, patents 

and patent applications and property, such as loans, notes and other debt instruments, lease agreements, 

stock and other instruments of property ownership (whether the property is tangible or intangible).

• Non-Federal entity means a state, local government, Indian tribe, Institution of Higher Education (IHE), or 

nonprofit organization that carries out the award as a recipient or subrecipient. These award terms and

conditions apply to non-Federal entities.

• Pass-through entity means a non-Federal entity that provides a subaward to a subrecipient to carry out 

part of a Federal program.

• Period of Performance means the total estimated time interval between the start of an initial Federal 

award and the planned end date, which may include one or more funded portions or budget periods. 

Identification of the period of performance in the Federal award per 2 CFR § 200.211(b)(5) does not 

commit the awarding agency to fund the award beyond the currently approved budget period. In 

addition, the term includes any extension of the end date of the award, such as a no-cost extension 

authorized by 2 CFR § 200.308(d)(2). The period of performance is identified in block 26 of the Notice of 

Award and will determine the effective commence date of the award.

• Personally Identifiable Information (PII) means information that can be used to distinguish or trace an 

individual's identity, either alone or when combined with other personal or identifying information that is 

linked or linkable to a specific individual. Non-PII can become PII whenever additional information is 

made publicly available, in any medium and from any source, that, when combined with other available 

information, could be used to identify an individual.

• Program income means gross income earned by the recipient and/or subrecipient that is directly 

generated by a supported activity or earned as a result of the Federal award during the period of 

performance except as provided in 2 CFR § 200.307(f).

• Recipient means an entity, usually but not limited to non-Federal entities, that receives a Federal award 

directly from a Federal awarding agency. The term recipient does not include subrecipients or individuals 

that are beneficiaries of the award.

• Subaward means an award provided by a recipient to a subrecipient for the subrecipient to carry out part 

of a Federal award received by the recipient. It does not include payments to contractors or to individuals 

who are beneficiaries of a Federal program. A subaward may be provided through any form of legal 

agreement, including a contract.

• Subrecipient means an entity, usually but not limited to non-Federal entities, that receives a subaward 

from a recipient to carry out part of a Federal award; but does not include an individual that is a 

beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a 

Federal awarding agency.

• Unrecovered indirect cost (2 CFR § 200.306(c)) means the difference between the amount charged to the 

Federal award and the amount that could have been charged to the Federal award under the potential 

recipient’s approved negotiated indirect cost rate.
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2.0 FINANCIAL MANAGEMENT

Recipients are required to meet the standards and requirementsfor financial management systemsset forth or 

referenced in 2 CFR § 200.302.

The adequacy of a recipient’s financial management system is integral to their ability to account for grant 

expenditures and track matching resources (if applicable). The recipient must responsibly use Federal funds and 

apply adequate internal controls and cash management practices consistent with the requirements outlined in 2 

CFR § 200.303.

Recipients must expend and account for funds under an award by following their State laws and procedures. 

Financial management systems and related records, of the grant recipient, and of any other entity involved in the 

grant, must be sufficiently detailed to prepare reports, trace funds, and demonstrate that fund management 

complies with Federal statutes, regulations, and these general and other program-specific terms and conditions.

A recipient’s financial management system must include: 

1) Identification, in its accounts, of all Federal awards received and expended and the Federal programs

under which they were received. Thisidentification must include, as applicable:

a. The Assistance Listing title and number; 

b. The Federal Award Identification Number (FAIN) and Federal fiscal year awarded; 

c. The name of the Federal Agency; and

d. The name of the PTE or recipient, if applicable. 

2) Accurate, current, and complete disclosure of the financial accounting of each Federal award or program.

3) Records that adequately identify the source and application of funds for federally funded activities. These

records must contain information about Federal awards, authorizations, financial obligations, unobligated

balances, assets, expenditures, income, and interest. Accounting records must be supported by source

documentation such as canceled checks, paid bills, payrolls, time and attendance records, contracts, and

subaward documents.

4) Effective control over, and accountability for, all funds, property, and other assets. Recipients must

adequately safeguard all assets and assure that they are used solely for authorized purposes.

5) Comparison of expenditures with budget amounts for each Federal award. 

6) Written procedures to implement the 2 CFR § 200.305 requirements, which minimize the time elapsing

between the transfer of Federal funds to any recipient and the disbursement of the fundsfor direct

program costs and the proportionate share of any allowable indirect or facilities and administrative costs.

7) Written procedures for determining the allowability of costsfollowing the terms and conditions of this

award. 

A recipient must notify the AMS representative immediately when they discover financial management problems.

Deficiencies in the recipient’s financial management system, whether reported by the recipient or identified by

AMS, may result in AMS imposing special award conditions, such as a high-risk designation or other requirements

for increased monitoring.
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2.1 Audit Requirements

Recipients (other than Federal agencies and for-profit recipients) are responsible for obtaining audits in 

accordance with the 2 CFR § 200 Subpart F. These standards require any recipient that expends $750,000 or more 

in Federal awards during its fiscal year to have a single or program-specific audit conducted for that year. 

In addition to 2 CFR 200 Subpart F, the audit must be performed in accordance with the standards specified in

Generally Accepted Government Auditing Standards (GAGAS))

Recipients must follow a systematic method to ensure timely and appropriate resolution of audit findings and 

recommendations, whether discovered because of a Federal audit or an audit initiated by the recipient. 

Recipients that expend $750,000 or more must submit the single audit or program-specific audit, along with 

required Form SF-SAC, to the Federal Audit Clearinghouse in accordance with the submission requirements in 2 

CRF 200, subpart F. Such audits must be submitted within 30 calendar days after receipt of the auditor’s report, or 

nine months after the end of the audit period. The Form SF-SAC and reporting package MUST be submitted 

electronically to FAC at https://www.facweb.census.gov/. Any future updates to the location of the FAC may be 

found at the OMB website at https://www.whitehouse.gov/omb/. 

2.2 Cost Sharing or Matching 

If the grant agreement has specific cost sharing or matching requirements, the recipient must ensure that it 

complies with the applicable provisionsfound in 2 CFR § 200.306. The recipient may use funds or other resources

contributed by other non-Federal entities to satisfy the cost sharing or matching requirement. Cost sharing or 

matching in the form of cash and/or in-kind non-Federal resources must be directly related to the project’s

objectives and may not be included as contributions for any other Federal award. If a recipient volunteers cost 

sharing above the program’s required amount, the total becomes a binding requirement of Federal award outlined

in 2 CFR § 200.1.

Recipients must maintain documentation identifying:

• The specific costs or contributions that constitute the cost sharing or matching;

• The funding source or contribution; and

• How the appropriate amount of the contribution was determined for reporting purposes.

Recipients do not need to routinely provide documentation to AMS, but the documentation must be retained in 

the recipient project files and made available upon request. 

A recipient may use unrecovered indirect costs as part of cost sharing or matching. 

Recipients cannot use Federal funds or program income to meet cost sharing or matching requirements.

The recipient must request prior approval from AMS before the amount of the approved cost share or match

provided by the recipient can change (see section 9.9 Cost Share or Match--Changesin the Amount). 

3.0 SUBRECIPIENT MONITORING & MANAGEMENT 

Recipients are accountable for the performance of subrecipients and the appropriate expenditure of Federal funds

through projects and activities. Thisincludes maintaining the necessary documentation on all subawards and 

making it available to AMS upon request. Recipients must include subaward activities in all performance and 

financial reports. In general, the requirements that apply to the award recipient flow down to subrecipients.

If the recipient uses subawards, it must enter into a formal written agreement with each subrecipient that 

addresses the arrangements for meeting the programmatic, administrative, financial, and reporting requirements 

of the grant, including those necessary to ensure compliance with all applicable Federal regulations and policies. 
10

Recipients must evaluate each subrecipient’s risk and establish monitoring activities as necessary to ensure each 

subrecipient complies with Federal statutes, regulations, and the terms and conditions of the subaward. 

Monitoring activities must include but are not limited to:

• Review of performance and financial reports; 

• Onsite reviews of subrecipient program operations; and

• Providing training and technical assistance on programmatic activities. 

Specifically, the recipient is responsible for including the requirements of the applicable AMS Grants Division 

General Terms and Conditions in its subaward agreements as well as the provisions required under 2 CFR 

§ 200.332. If requested by AMS, recipients must provide evidence of a risk assessment plan. 

If a subrecipient fails to comply with the terms and conditions of this award, the recipient may impose special award

conditions, including one or more of the corrective actions outlined in 2 CFR § 200.339. 

Recipients with subawards of more than $30,000 must report on subrecipients in the Federal Funding 

Accountability and Transparency Act Subaward Reporting System at https://www.fsrs.gov/. This reporting should 

occur as soon as possible once there is a signed grant agreement with the subrecipient. Please see Appendix A to 2 

CFR § 170 for additional reporting requirements concerning subawards.

4.0 PAYMENTS 

4.1 Types of Payments

Advance – An advance payment is a payment that AMS or a pass-through entity makes before recipient or 

subrecipient spends the funds for program purposes. In accordance with 2 CFR 200.305 (b)(1), requests for 

advance payments must be limited to the minimum amounts needed to meet actual and immediate cash needs. 

The timing and amount must be as close as is administratively feasible to the actual disbursements by the 

recipient. All advance payments must be accompanied by a written justification. 

Reimbursements – Reimbursements are transfers of Federal funds to recipients after the recipient pays out funds

for approved project activities.

4.2 How to Request Payments

AMS grant recipients are required to request payments electronically through the PMS system. Recipients not 

already enrolled must register in the system to request payments. Instructions for requesting a payment can be 

found in the Payment Management System. To access the instructions, log in to the Payment Management System

(PMS). Once logged in, select “Payment” from the Menu, and then select Payment Request User Guide. Further 

information is available at https://pms.psc.gov/training/pms-user-guide.html. . 

AMS SF-270 and Grant Program Worksheet

If required by the grant agreement, an SF-270 and AMS Grant Program Worksheet must be attached in PMS when 

submitting a payment. The Notice of Award provisions section will indicate if the recipient is required to submit an 

AMS Grant Program Worksheet.

Receipt of Request by AMS

AMS will confirm receipt of the payment request, review the request, and communicate with the appropriate 

recipient representatives. 
11

Upon approval, payments will be made via EFT to the bank account specified by the recipient in PMS and SAM.gov. 

If the bank information is incorrect or changes at any time during the grant period, it is the recipient’s 

responsibility to update both their SAM.gov and PMS information and notify AMS to ensure proper and timely 

deposit of funds.

4.3 Payment Source Documentation and Other Requirements

Recipients must collect and maintain source documentation associated with costs incurred as a result of the 

Federal award and make it available to AMS upon request. Source documentation includes, but is not limited to, 

receipts, canceled checks, paid bills, payrolls, time and attendance records, contracts, invoices, and subaward

documents. If recipients pay a portion of the total amount indicated on the source document, it must appropriately

identify the specific expenses and total amount charged to the grant. 

4.4 Timely Drawdown and Use of Grant Funds

Recipients may be subject to specific award conditions as described in 2 CFR § 200.208, if the recipient does not 

draw down funds within the first year of the grant period and at reasonable intervals thereafter. 

5.0 INTEREST EARNED AND ADVANCES OF GRANTS FUNDS 

In accordance with 2 CFR § 200.305(b)(9), the recipient may retain interest earned on Federal payments deposited 

in interest-bearing accounts up to $500 per year for administrative expenses. Any additional interest earned must 

be remitted annually to the Payment Management System (PMS), which handles payments to the Treasury. The 

recipient must remit the interest electronically using either an ACH network or a Fedwire Funds Service payment. If

returning interest on Federal awards, the refund should: 

a) Provide an explanation stating that the refund is for interest; 

b) List the PMS payee account number(s) (PANs); 

c) List the Federal award number(s) for which the interest was earned; and

d) Make returns payable to the Department of Health and Human Services. 

Submit the remittance using one of the following example formats:

ACH Return Example:

Routing Number: 051036706

AccountNumber: 303000

Bank Name and Location: Credit Gateway—ACH Receiver St. Paul, MN

Fedwire Returns Example: (Please note that the organization initiating payment is likely to incur a charge from your

Financial Institution for thistype of payment)

Routing Number: 021030004

AccountNumber: 75010501

Bank Name and Location: Federal Reserve Bank Treasurer NYC/Funds Transfer Division New York,

NY

If a recipient does not have the ability to remit funds electronically, it should instead mail a check to the U.S 

Treasury approved lockbox, made payable to:

HHS Program Support Center

P.O. Box 530231 

Atlanta, GA 30353-0231
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Allow 4-6 weeks for check payments to be applied to the appropriate PMS account. For additional information

please contact PMS at 877-614-5533 or PMSSupport@psc.hhs.gov. 

6.0 PROGRAM INCOME

Unless otherwise stated in the Notice of Award provisions section, AMS authorizes the use of program income 

through the additive method (2 CFR § 200.307(e)(2)). Any program income generated during the grant period must 

be used to further the objectives of the project and under the conditions of the award. All program income must 

be recorded on the Federal Financial Report (SF-425) for the period in which it was earned. Recipients are not 

accountable for program income earned after the grant period. Program income includes, but is not limited to: 

• Income from fees for services performed during the period of performance; 

• The use or rental or real or personal property acquired under a federal award;

• The sale of commodities or items fabricated under an award (this includes items sold at cost if the cost of 

producing the item was funded in whole or part with grant funds); and

• Registration fees for conferences, workshops, etc. 

License fees and royalties or equivalent income earned from patents, inventions, trademarks, and copyrighted 

works are not subject to this section.

7.0 PROCUREMENTS 

Recipients may acquire commercially available goods and services in connection with a project. In doing so, the 

recipient must have in place and use documented procurement procedures, consistent with applicable State, local 

and tribal laws and regulations. Recipients’ documented procurement procedures must conform to the 

procurement standards identified in 2 CFR § 200.317 through 2 CFR § 200.327. To the greatest extent possible, the 

recipient should provide a preference for acquisition of goods, products and services produced in the United 

States, per 2 CFR § 200.322. 

• State recipients must follow the same policies and procedures the State uses for procurements from 

non-Federal funds. The State will comply with 2 CFR §§ 200.321 through 200.323 and ensure that every 

purchase order or other contract includes applicable provisions described in Appendix II of 2 CFR § 200.

• All other non-Federal recipients must follow 2 CFR §§ 200.318 through 200.327. 

• The requirements of the Federal award also apply to any subcontract. The recipient is responsible for 

ensuring that all of its contracts made in connection with the AMS project contain the applicable

provisions described in Appendix II of 2 CFR § 200. 

8.0 ALLOWABLE COST AND ACTIVITIES

8.1 Indirect Costs

Indirect costs as defined at (2 CFR § 200.1) represent the expenses of doing business that are not readily-identified 

with a particular grant, contract, project function or activity, but are necessary for the general operation of the 

organization and the conduct of activities it performs. Refer to 2 CFR §§ 200.413 and 200.414 for additional 

information on determining if costs charged to the award are direct or indirect.

Federally Negotiated Indirect Cost Rates

Unless otherwise required by statute or regulation, AMS will accept Federally negotiated rates.
13

De Minimis Rate Option

Any nonfederal entity that does not have a current, negotiated (including provisional) rate, except for those nonFederal entities described in Appendix VII to Part 200—States and Local Government and Indian Tribe Indirect Cost 

Proposals, paragraph D.1.b, may elect to charge a de minimis rate of 10 percent of Modified Total Direct Costs 

(MTDC) which may be used indefinitely. No documentation is required to justify the 10% de minimis cost rate. 

Costs must be consistently charged as either indirect or direct costs but may not be double charged or 

inconsistently charged as both (2 CFR § 200.403). If chosen, this methodology, once elected, must be used 

consistently for all Federal awards until such time when a recipient chooses to negotiate for a rate, which the 

recipient may apply to do at any time.

All applicants who elect to charge a de minimis rate of 10 percent must use the MTDC as the base. MTDC is defined 

in 2 CFR § 200.1 as all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, 

and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the 

award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, 

scholarships and fellowships, participant support costs, and the portion of each subaward in excess of $25,000. 

Other items may be excluded only when necessary to avoid a serious inequity in the distribution of indirect costs, 

and with the approval of the cognizant agency for indirect costs.

If a nonfederal entity chooses to negotiate for a rate, that entity must contact its cognizant Agency for indirect 

costs. 

Indirect Costs for Subawards

Pass-through entities are also required to accept federally negotiated indirect cost rate (NICRA) rates for subaward 

recipients, unless otherwise required by statute or regulation. For subaward recipients that do not have a NICRA, 

the passthrough entity may use a negotiated rate between them from previous negotiation or may allow use of a 

de minimis rate as described above in this section. 

8.2 Allowable and Unallowable Costs and Activities

The following table summarizes allowable and unallowable costs in common categories for AMS grant programs. 

The recipient should consult the Federal Cost Principles (Subpart E-Cost Principles of 2 CFR § 200) for the complete 

explanation of the allowability of costs. In addition to the general award terms and conditions, some programs 

have program-specific terms and conditions. If recipients have questions concerning the allowability of costs after 

reviewing this section and any applicable program specific terms and conditions, they should contact the Grants 

Management Specialist listed on the Request for Application or the Notice of Award as applicable. 

Per 2 CFR § 200.403, all costs must meet the general criteria to be allowable and must be incurred during the 

period of performance. 

Note: Allowable costs listed below may also be cost shared or brought as part of the required match. Unallowable

costs cannot be brought as a cost-share or match.
14

Cost Category

Affected 

AMS Grant 

Program(s)

Description, Guidance and Exceptions

Advisory Councils ALL with 

exceptions 

Unallowable for costs incurred by advisory councils or 

committees, unless specifically fulfilling the purpose or approved 

activities of a grant program or project.

Alcoholic Beverages ALL with 

exceptions

Unallowable for alcoholic beverages unless the cost is associated 

with fulfilling the purpose of the grant program and either 

approved in the application or with prior written approval.

Buildings and Land –

Construction 

ALL with 

exceptions

Unallowable for the acquisition of buildings, facilities, or land or 

to make new constructions, additions, improvements, 

modifications, replacements, rearrangements, reinstallations, 

renovations, or alterations of an existing building or facility 

(including site grading and improvement, and architecture fees), 

unless the cost is associated with fulfilling the purpose of the 

grant program or with prior written approval. This also includes 

construction-related materials, which may include, but are not 

limited to, the purchase of building materials such as wood, nails, 

concrete, asphalt, roofing, gravel, sand, paint, insulation, drywall, 

or plumbing.

Allowable for rental costs of land and building space. However, 

lease agreements to own (i.e., lease-to-own or rent-to-own) are 

not allowable. The lease or rental agreement must terminate at 

the end of the grant cycle.

A building is any permanent structure designed or intended for 

support, enclosure, shelter, or protection of people, animals, or 

property, and having a permanent roof supported by columns or 

walls.

Conferences ALL with 

exceptions

Allowable if the conference fulfills the grant program’s purpose. 

Allowable conference costs paid by the non-Federal recipient as a 

sponsor or host of the conference may include rental of facilities, 

speakers’ fees, costs of meals (see Meals for restrictions), and 

refreshments, local transportation, and other items incidental to 

such conferences with the exception of entertainment costs that 

are unallowable. If registration fees are collected, the recipient 

must report fees as program income (see Program Income).

Allowable to rent a building or room for training; however, where 

appropriate, AMS encourages the use of technologies such as 

webinars, teleconferencing, or videoconferencing as an 

alternative to renting a building or a room. The recipient should 

use the most cost-effective facilities, such as State government 

conference rooms if renting a building or a room is necessary.

Contingency Provisions ALL Unallowable for miscellaneous and similar rainy-day funds for 

events the occurrence of which cannot be foretold with certainty 

as to the time or intensity, or with an assurance of their 

happening. Unallowable for working capital for activities/items 

not already in place.
15

Cost Category

Affected 

AMS Grant 

Program(s)

Description, Guidance and Exceptions

Contractual/Consultant 

Costs (Professional 

Services)

ALL Allowable subject to limitations. Contractual/consultant costs 

are expenses associated with purchasing goods and/or procuring 

services performed by an individual or organization other than 

the recipient in the form of a procurement relationship.

Allowable for contractor/consultant employee rates that do not 

exceed the salary of a GS-15 step 10 Federal employee in the area 

(for more information, visit the OPM website) and travel that is 

reasonable and necessary. This does not include fringe benefits, 

indirect costs, or other expenses. If rates exceed this amount, the 

recipient is required to justify the allowability of the cost aligning 

with 2 CFR §§ 200.317-327.

Contributions or 

Donations 

ALL Unallowable for contributions or donations, including cash, 

property, and services, made by the recipient to other entities. A 

nonfederal entity using grant funds to purchase food or services 

to donate to other entities and/or individuals is unallowable.

Electronic Benefit 

Transfer (EBT) 

Machines

ALL Unallowable for the purchase/lease of Supplemental Nutrition 

Assistance Program (SNAP) EBT equipment.

Entertainment Costs ALL with 

exceptions

Unallowable for entertainment costs including amusement, 

diversion, and social activities and any costs directly associated 

with such costs (such as bands, orchestras, dance groups, tickets 

to shows, meals, lodging, rentals, transportation, and gratuities). 

Entertainment costs are defined in 2 CFR § 200.438.

Allowable where the specific cost is considered to meet the 

requirements of the sponsored program and are authorized in 

the approved budget or with prior written approval.

Equipment – General 

Purpose

ALL Unallowable for acquisition costs of general purpose equipment 

or lease agreements to own (i.e., lease-to-own or rent-to-own). 

Allowable for rental costs of general purpose equipment when 

provided in the approved budget or with prior written approval. 

‘General Purpose’ vehicles may not be purchased and may only

be leased with prior written approval (and only if specific to 

fulfilling the purpose of the grant). The lease or rental agreement 

must terminate at the end of the grant cycle.

For vehicle and equipment leases or rentals with an acquisition 

cost that equals or exceeds $5,000, rates should be in light of

factors such as: rental costs of comparable vehicles and 

equipment, if any; market conditions in the area; alternatives 

available; and the type, life expectancy, condition, and value of 

the vehicle or equipment leased.

Allowable if special purpose equipment (and NOT general 

purpose equipment). Special purpose equipment is defined below

in this chart under “Equipment – Special Purpose.”
16

Cost Category

Affected 

AMS Grant 

Program(s)

Description, Guidance and Exceptions

Equipment –

Information 

Technology Systems

and 

Telecommunications

ALL Unallowable for information technology systems having a useful 

life of more than one year and a per-unit acquisition cost that

equals or exceeds the lesser of the capitalization level established 

in accordance with GAAP by the recipient for financial statement 

purposes or $5,000. Acquisition costs for software include those 

development costs capitalized in accordance with GAAP.

Information technology systems include computing devices, 

ancillary equipment, software, firmware, and similar procedures, 

services (including support services), and related resources. 

Computing devices means machines used to acquire, store, 

analyze, process, and publish data and other information 

electronically, including accessories (or “peripherals”) for 

printing, transmitting and receiving, or storing electronic 

information. Examples of unallowable information technology 

systems include service contracts, operating systems, printers, 

and computers that have an acquisition cost of $5,000 or more. 

See also special prohibition on the purchase of certain 

telecommunications and video surveillance described in 2 CFR § 

200.216. 

Allowable for special purpose systems specific to the food and

agricultural sectors and specific to the activities in the grant. 

Examples include food sales and traceability applications, systems 

and software that support specialized equipment by design and 

website development, mobile apps, etc., 
17

Cost Category

Affected 

AMS Grant 

Program(s)

Description, Guidance and Exceptions

Equipment – Special 

Purpose

ALL Allowable when provided in the approved budget or with prior 

written approval for acquisition costs and rental costs of special 

purpose equipment provided the following criteria are met:

1. Necessary for the research, scientific, or other technical 

activities of the grant agreement;

2. Not otherwise reasonably available and accessible;

3. The type of equipment is normally charged as a direct 

cost by the organization;

4. Acquired in accordance with organizational practices;

5. Must be used solely to meet the legislative purpose of 

the grant program and objectives of the grant 

agreement;

6. More than one single commercial organization, 

commercial product, or individual must benefit from the 

use of the equipment;

7. Must not use special purpose equipment acquired with 

grant funds to provide services for a fee to compete 

unfairly with private companies that provide equivalent 

services; and

8. Equipment is subject to the full range of acquisition, use, 

management, and disposition requirements under 2 CFR 

§ 200.313 as applicable.

Examples of special purpose equipment in the agricultural sector 

include, but are not limited to: sorting equipment, packing and 

labeling equipment, food processing equipment essential to the 

grant-funded project, purpose specific vehicles or trailers, such as 

refrigerated vans that will not be used as personal vehicles. 

Farm, Gardening, and 

Production Activities 

and Supplies

ALL with 

exceptions

Unallowable for farm, gardening, and production activities, 

materials, supplies, and other related costs including but not 

limited to soil, seeds, shovels, gardening tools, greenhouses, and 

hoop houses. 

Allowable where the specific cost is considered to meet the 

requirements of grant and is authorized in the approved budget 

or with prior written approval. 

Fines, Penalties, 

Damages and Other 

Settlements

ALL Unallowable for costs resulting from violations of, alleged 

violations of, or failure to comply with, Federal, State, tribal, local, 

or foreign laws and regulations.
18

Cost Category

Affected 

AMS Grant 

Program(s)

Description, Guidance and Exceptions

Fixed Amount 

Subawards

ALL with 

exceptions

Unallowable for cost related to fixed amount subawards. 

Allowable to meet the requirements of the grant award 

(noncompetitive) or with prior written approval. A recipient may

provide subawards based on fixed amounts up to the simplified 

acquisition threshold, provided that the subawards meet the 

requirements for fixed amount awards in 2 CFR § 200.201.

Fundraising and 

Investment 

Management Costs

ALL Unallowable for organized fundraising, including financial 

campaigns, solicitation of gifts and bequests, and similar 

expenses incurred to raise capital or obtain contributions, 

regardless of the purpose for which the funds will be used. This 

includes salaries of personnel involved in activities to raise 

capital.

General Costs of 

Government

ALL Unallowable for:

Salaries and expenses of the Office of the Governor of a State or 

the chief executive of a local government or the chief executive 

of an Indian tribe;

Salaries and other expenses of a State legislature, tribal council, 

or similar local governmental body, such as a county supervisor, 

city council, school board, etc., whether incurred for purposes of 

legislation or executive direction;

Costs of the judicial branch of a government;

Costs of prosecutorial activities unless treated as a direct cost to a 

specific program if authorized by statute or regulation (however, 

this does not preclude the allowability of other legal activities of 

the Attorney General as described in 2 CFR § 200.435 Defense 

and prosecution of criminal and civil proceedings, claims, appeals 

and patent infringements); and

Costs of other general types of government services normally 

provided to the general public, such as fire and police, unless 

provided for as a direct cost under a program statute or 

regulation.

Goods or Services for 

Personal Use

ALL Unallowable for costs of goods or services for personal use of the 

recipient’s employees regardless of whether the cost is reported 

as taxable income to the employees.

Indirect Costs –

Unrecovered

ALL with 

exceptions

Unallowable for unrecovered indirect costs.

Allowable for projects with match requirements to use 

unrecovered indirect costs as part of cost sharing or matching. 

Insurance and 

Indemnification

ALL Allowable when provided in the approved budget or with prior 

written approval as indirect costs for insurance and 

indemnification.

Lobbying ALL Unallowable as defined in 2 CFR § 200.450.
19

Cost Category

Affected 

AMS Grant 

Program(s)

Description, Guidance and Exceptions

Meals ALL Unallowable for business meals when individuals go to lunch or 

dine together although no need exists for continuity of a meeting. 

Such activity is considered an entertainment cost.

Unallowable for conference attendee breakfasts. It is expected 

attendees will have adequate time to obtain this meal on their 

own before a conference begins.

Unallowable for meal costs that duplicate a meeting participant’s 

per diem or subsistence allowances.

Allowable for lunch or dinner meals if the costs are reasonable, 

and a justification is provided that such activity maintains the 

continuity of the meeting and to do otherwise will impose 

arduous conditions on the meeting participants.

Allowable for meals consumed while in official travel status. They 

are considered per diem expenses and should be reimbursed in 

accordance with the organization’s established written travel 

policies.

Memberships, 

Subscriptions, and 

Professional Activity 

Costs 

ALL Unallowable for costs of membership in any civic or community 

organization. 

Allowable for costs of membership in business, technical, and 

professional organizations when provided in the approved budget 

or with prior written approval.

Organization Costs ALL Unallowable for costs of investment counsel and staff and similar 

expenses incurred to enhance income from investments.

Allowable with prior approval for organization costs per 2 CFR § 

200.455.

Participant Support 

Costs 

ALL Allowable when provided in the approved budget or with prior 

written approval for such items as stipends or subsistence 

allowances, and registration fees paid to or on behalf of 

participants or trainees (but not employees) in connection with 

approved conferences, training projects, surveys, and focus 

groups.

Political Activities ALL Unallowable for development or participation in political 

activities, in accordance with provisions of the Hatch Act (5 

U.S.C.§§ 1501-1508 and §§ 7324-7326).

Pre-Award Costs (see 

also section 9.5 below)

ALL Allowable when provided in the approved budget or with prior 

written approval of such costs are necessary for efficient and 

timely performance of the project’s scope of work. Such costs are 

allowable only to the extent that they would have been allowable 

if incurred after the date of the Federal award. If charged to the 

award, these costs must be charged to the initial budget period of 

the award, unless otherwise specified by AMS. A recipient may 

incur pre-award costs 90 calendar days before the award. 

Expenses more than 90 calendar days pre-award require prior 

approval. These costs and associated activities must be included 

in the recipient’s project narrative and budget justification. All 

costs incurred before the award are at the potential recipient’s 

risk. The incurrence of pre-award costs in anticipation of an 

award imposes no obligation on AMS to award funds for such 

costs.
20

Cost Category

Affected 

AMS Grant 

Program(s)

Description, Guidance and Exceptions

Printing and 

Publications

ALL Allowable to pay the cost of preparing informational leaflets, 

reports, manuals, and publications relating to the project; 

however, the printing of hard copies is discouraged given the 

prevalence of electronic/virtual publication means. If charged to 

the award, these costs must be charged to the final budget period 

of the award, unless otherwise specified by AMS.

Salaries and Wages ALL Allowable as part of employee compensation for personnel 

services in proportion to the amount of time or effort an 

employee devotes to the grant-supported project or program 

during the period of performance under the Federal award, 

including salaries, wages, and fringe benefits. Such costs must be 

incurred under formally established policies of the organization, 

be consistently applied, be reasonable for the services rendered, 

and be supported with adequate documentation.

Salary and wage amounts charged to grant-supported projects or 

programs for personal services must be based on an adequate 

payroll distribution system that documents such distribution in 

accordance with generally accepted practices of like 

organizations. Standards for payroll distribution systems are 

contained in the applicable cost principles (other than those for 

for-profit organizations).

Unallowable for salaries, wages, and fringe benefits for project 

staff who devote time and effort to activities that do not meet 

the purpose of the grant program.

Selling and Marketing 

Costs – Promotion of 

an Organization’s 

Image, Logo, or Brand 

Name

ALL Unallowable for costs designed solely to promote the image, 

logo, or brand for a specific organization or business, unless 

specifically to fulfill the purpose of the program or grant project.

Allowable for more general branding that aligns with the purpose 

of the grant. For example, in Specialty Crop Block Grant, 

promotional items could say “Buy STATE/COUNTY Grown Apples” 

but not “XYZ Grown”, which promotes XYZ generically, to ensure 

funds are supporting specialty crop stakeholders. Similarly, a

promotional campaign to increase producer sales of 

“STATE/COUNTY Grown fruits and vegetables” is acceptable while 

increasing membership in “STATE/COUNTY Grown” generally is 

not.

Selling and Marketing 

Costs – Promotion of 

Venues that do not 

Align with Grant 

Program Purpose

ALL Unallowable for costs for promotion of specific venues, 

tradeshows, events, meetings, programs, conventions, symposia, 

seminars, etc. that do not align with the purpose of the grant 

program as stated in the RFA.

Selling and Marketing 

Costs – Promotional 

Items, Gifts, Prizes, etc.

ALL with 

exceptions

Unallowable for promotional items, swag, gifts, prizes, 

memorabilia, and souvenirs.

Allowable with conditions to meet the requirements of the grant, 

in the approved application or with prior approval for marketing 

activities directly related to the funded project. Promotional 

items include point-of-sale materials, promotional kits, signs or 

streamers, automobile stickers, table tents, and placemats, or 

promotional items of a personal nature (e.g., t-shirt, hats, etc.).
21

Cost Category

Affected 

AMS Grant 

Program(s)

Description, Guidance and Exceptions

Selling and Marketing 

Costs – Coupons, 

Incentives or Other 

Price Discounts

ALL Unallowable for costs of the value of coupon/incentive 

redemptions or price discounts (e.g., the $5.00 value for a $5.00 

clip-out coupon). 

Allowable for costs associated with printing, distribution, or 

promotion of coupons/tokens or price discounts (e.g., a print 

advertisement that contains a clip-out coupon) as long as they 

benefit more than a single program or organization.

Selling and Marketing 

Costs – Food for 

Displays, Tastings, 

Cooking 

Demonstrations

ALL with 

exceptions

Unallowable for purchasing food for displays, tastings, and 

cooking demonstrations. 

Allowable where the specific cost is considered to meet the

programmatic purpose of the grant and is authorized in the 

approved budget or with prior written approval.

Selling and Marketing 

Costs – General 

Marketing Costs

ALL with 

exceptions

Unallowable for costs designed solely to promote the image of 

an organization, general logo, or general brand.

Allowable for costs designed to promote products that align with 

the purpose of the grant program.

Selling and Marketing 

Costs – Sponsorships

ALL Unallowable for costs associated with sponsorships. A 

sponsorship is a form of advertising in which an organization uses 

grant funds to have its name and/or logo associated with certain 

events and where the organization does not necessarily know 

how the funds associated with sponsorship costs will be used. 

These costs also benefit only the organization offering funding, 

limiting the beneficiaries to the sponsor organization.

Selling and Marketing 

Costs – Use of Meeting 

Rooms, Space, exhibits 

that do not Align with 

Grant Program Purpose

ALL Unallowable for costs associated with trade show 

attendance/displays, meeting room reservations, and/or any 

other displays, demonstrations, exhibits, or rental of space where 

activities do not specifically align with the purpose of the grant 

program. See Conferences for more information.

Supplies and Materials, 

Including Costs of 

Computing Devices

ALL Allowable for costs incurred for materials, supplies, and 

fabricated parts necessary to carry out a Federal award. 

Purchased materials and supplies must be charged at their actual 

prices, net of applicable credits. Withdrawals from general stores 

or stockrooms should be charged at their actual net cost under 

any recognized method of pricing inventory withdrawals, 

consistently applied. Incoming transportation charges are a 

proper part of materials and supplies costs. Only materials and 

supplies used for the performance of a Federal award may be 

charged as direct costs.

A computing device is a supply if the acquisition cost is less than 

the lesser of the capitalization level established by the recipient 

for financial statement purposes or $5,000, regardless of the 

length of its useful life. In the specific case of computing devices, 

charging as a direct cost is allowable for devices that are essential 

and allocable, but not solely dedicated, to the performance of a 

Federal award. Where Federally donated or furnished materials 

are used in performing the Federal award, such materials will be 

used without charge.

Training ALL Allowable when the training is required to meet the objectives of 

the project or program, including training that is related to 

Federal grants management.
22

Cost Category

Affected 

AMS Grant 

Program(s)

Description, Guidance and Exceptions

Travel – Domestic and 

Foreign

ALL Allowable for travel, when provided in the approved budget or 

with prior written approval when costs are limited to those 

allowed by formal organizational policy and the purpose aligns 

with the purpose of the program.

The allowable travel cost of recipients that do not have formal 

travel policies and for-profit entities may not exceed those 

established by the Federal Travel Regulation, issued by General 

Services Administration (GSA), including the maximum per diem 

and subsistence rates prescribed in those regulations. If a 

recipient does not have a formal travel policy, those regulations 

will be used to determine the amount that may be charged for 

travel costs.

9.0 CHANGES REQUIRING PRIOR WRITTEN APPROVAL

The recipient may need to make modifications to approved workplans or application documents such as budget, 

personnel, or contracts, to accomplish the objectives during the period of performance. Recipients are required to 

request prior written approval for the following items from AMS in advance of a change or obligation of funds. 

Requests for prior written approval must be submitted by the recipient project director and signed by the AOR, if 

applicable. Requests for a prior written approval must include the following information: 

1. Grant agreement number;

2. Project title;

3. Name of the recipient organization; and 

4. Project point of contact name. 

AMS will confirm receipt, review the request, and communicate with the recipient project director. The recipient

project director may revise the prior approval request to address any questions or concerns. Once accepted, AMS

will email the recipient project director with the acceptance of the request.

9.1 Change in Key Personnel/Time Devoted to the Project

Prior approval is required for changes in key personnel, or if key personnel disengage from the project for a period

of more than three months, reduces the time devoted to managing the project by 25 percent (25%) or more, or 

severs his/her connection to the activities of the grant agreement. Key personnel include the recipient project director

or AOR listed in the Notice of Award as well as other key project contributors. The requestmustinclude: 

1. The name of the individual(s) being replaced and the new individual name and contact information;

2. The qualifications (CV or resume) of the new individual(s); 

3. The capacity in which the new individual will serve;

4. Written notification from the new individual signifying his/her willingness to serve on the project; and

5. The effective date.

A change in key personnel may affect the project narrative, budget, or timeline. If it does, the recipient must 

include this in their request by following the applicable guidance in this section.

9.2 Change in Scope or Objectives

Prior approval is required to modify the scope or objective of the project or program, including adding new 

project(s) or discontinuing project(s) (if applicable).
23

Prior written approval is required even if there were no associated budget revision that would require prior

approval. The recipient must use the same format/template to present this information that was used in the

approved application with the changes noted. The request must include:

1. A description of the change in the scope or objective including what activities the new work replaces;

2. A revised narrative for the relevant portion of the approved project; and

3. The proposed dates of implementation (MM/YYYY – MM/YYYY).

A change in scope or objectives may affect the project narrative, outcome measures, budget (Federal and 

matching funds), or timeline. If it does, the recipient must make revisions and include this in their request by 

following the applicable guidance in this section.

9.3 One-Time Extension

If the grant activities cannot be completed within the grant agreement’s period of performance, the recipient must

request written approval to extend the grant agreement’s end date (no-cost extension of time) prior to the grant’s 

expiration. The recipient may request a one-time extension of the period of performance of up to 12 months from 

the end date of the period of performance (block 26 of the Notice of Award) unless specific program requirements 

prohibit the extension beyond the maximum allowed period of performance. The request must be submitted no

later than 10 days prior to the ending date of the grant agreement. The request must include: 

1. The length of additional time requested, and the new ending date requested;

2. A justification for the extension;

3. A summary of progress to date in terms of the project timeline and objectives. The summary may

reference the most recent Performance Report and indicate how circumstances have changed since

then;

4. An estimate of the amount of remaining funds, and if applicable, the amount of matching resources

yet to be expended, and a description of how they will be used in the remaining time; and 

5. A new workplan or timetable for completing the project.

Unused or unobligated funds at the end of the award are notin themselves justification to receive a no-cost time

extension. AMS will provide case-by-case extension approval, based on the written justification provided. If an 

extension is approved, the period of performance will be amended to end at the completion of the extension. 

9.4 Budget Change

Prior approval is required for a budget change if the Federal share of its grant agreement exceeds the Simplified 

Acquisition Threshold as stated in 48 CFR 2.101 “Simplified acquisition threshold”, (see block 20 and 33 on the

Notice of Award) for the Federal award amount), and the cumulative amount of a transfer among budgeted direct

cost categories or between individual subawards exceeds or is expected to exceed 10 percent of the total Federal 

award budget as last approved by AMS. The request must include:

1. A justification for the change; 

2. A description of the requested change that includes:

a. The proposed budget change,

b. The last approved budget, and

c. An updated budget for the affected cost categories; and

3. Applicable Budget Forms

If the Federal share of the Federal award is less than the Simplified Acquisition Threshold, recipients do not need to

request prior approval for budget changes.
24

9.5 Pre-Award Costs

As defined in 2 CFR §200.458, pre-award costs are costs incurred prior to the effective date of the Federal award 

directly pursuant to the negotiation and in anticipation of the Federal award where such costs are necessary for 

efficient and timely performance of the scope of work. If charged to the award, these costs must be charged to the 

initial budget period of the award, unless otherwise specified by AMS. 

A recipient may incur pre-award costs 90 calendar days before the award. Expenses more than 90 calendar days 

pre-award require prior approval. These costs and associated activities must be included in the recipient’s project 

narrative and budget justification. All costs incurred before the award are at the potential recipient’s risk. The 

incurrence of pre-award costs in anticipation of an award imposes no obligation on AMS to award funds for such 

costs. The request must include:

1. A brief description of the pre-award activities completed; and

2. An updated budget, using the same format for presenting the budget information that was used in 

the approved application, clearly indicating the associated dollar amount of award funds and/or the 

value of any matching resources expended during the pre-award period.

9.6 Contracting or Subawarding for Activities Central to the Award’s Purpose(s) 

Prior approval is required for a change that involves subawarding, transferring, or contracting for any work under a 

Federal award or executing a fixed amount subaward. This provision does not apply to the acquisition of supplies,

materials, equipment, or general support services. The request must include: 

1. A brief description of and justification for the change; 

2. A brief description of the NFE’s qualifications, and how their work will fulfill the project goals; 

3. If a modification to the budget isrequired:

a. A description of the proposed modification, 

b. The last approved budget, and

c. An updated budget for the affected cost categories using the same format as was used in the 

approved application with changes noted; and

4. If the third party was not identified in the original application, a description of the third party’s

qualifications, how its work will fulfill the project goals, and an itemized budget (if applicable) showing

cost categories with appropriate justification.

9.7 Specific New Costs

Prior approval is required for any costs or expenditures which were not previously submitted in the approved 

budget. See 8.2 Allowable and Unallowable Costs and Activities for more information. The request must include:

• A description of and justification for the cost including how it furthers the objectives of the project; 

and 

• If applicable, a comparison between the most recent budget and the proposed budget as well as an 

updated budget narrative of the affected cost categories. Recipients must use the same format for 

presenting the budget information that was used in the approved application with changes noted.

9.8 Changesto Recipient Name or Address

If the recipient is contemplating changing the name or address of the recipient organization, the recipient is 

advised to contact its AMS representative for additional information on how this action may affect the award. This 

refers to a change to the recipient organization in block 1, “Recipient Name” on the fully executed Notice of 

Award. The UEI number would remain the same, while only the organization name or address would change. The

request must include the new name or address of the recipient organization and the effective date of the change. 
25

NOTE: A request to have a new recipient organization (that has a new UEI number) assume responsibility for the 

project is not allowable.

Recipients are responsible for properly updating their registration within both UEI and SAM.gov. The recipient 

must inform AMS of any pending changes in its legal status, divestiture, or bankruptcy. 

9.9 Cost Share or Match – Changes in the Amount or Source

The recipient must request prior, written approval to change the amount or source of the approved cost share or 

match or to change the amount of approved cost sharing or match provided by a project partner or by a 

subrecipient. The request must include: 

1. A justification for the change;

2. Cash Commitment per year (if applicable) and Total Cash Match

3. In-kind Contribution per year (if applicable) and Total In-kind Match. Break down items into categories as 

applicable:

a. Salaries (employee name, title, duties, pay rate/hr., amount matched per year)

b. Items/Activities (fair market value per unit, how value determined (provide documentation), and 

amount matched per year)

4. A description of how the required match will be met including the source of the match, the amount of the 

match to be provided, and the composition of the match. The recipient must use the same format for 

presenting the match verification that was used in the approved application; and

5. A description of the change that includes a comparison between the latest budget and the proposed 

budget as well as an updated budget narrative of the affected cost categories to demonstrate that the 

overall required match will be met. The recipient must use the same form/format for presenting the 

budget information that was used in the approved application.

The recipient may use the Suggested Match Verification Template Letter as a starting point for developing its 

change request. Please add any additional information requested above to the letter. 

10.0 PERFORMANCE AND FINANCIAL REPORTS

AMS requires the submission of interim and final reports to demonstrate the progress made toward the 

completion of project goals, objectives, and outcomes, as well as the grant agreement’s overall financial status. 

Performance reports must be formatted and submitted using the approved guidance and AMS reporting systems. 

Recipients are required to submit an SF-425 Federal Financial Report with each performance report to account for 

their financial expenditures during that reporting period. 

All performance reports must be submitted through GS and financial reports must be submitted through PMS. The 

required Interim Performance Report Template, Final Performance Report Template, and the SF-425 Federal 

Financial Report, along with instructions and a sample financial report, can be found at www.ams.usda.gov/grants. 

Click on the applicable grant program website, and then click on “How to Administer the Award” in the left menu 

bar.

If a grant agreement must be extended beyond the performance period stated on the Notice of Award additional 

reports may be necessary depending on the length of the extension. 

If performance or financial reports are prepared by a third party and/or subrecipient, it is the recipient AOR’s

responsibility to review and approve the report before forwarding it to AMS.
26

10.1 Interim Performance and Financial Reports

The Interim Performance Report and SF-425 Federal Financial Report are due annually, or unless specified 

otherwise by Program-Specific Terms and Conditions of Award, or as a specific term and condition to a specific 

award, no later than 90 calendar days after each annual performance reporting period (block 26 of the Notice of 

Award) end date. 

If the recipient completes the grant early, they may submit a Final Performance Report instead of an Interim 

Performance Report. 

10.2 Final Performance and Financial Reports

The Final Performance Report and SF-425 Federal Financial Report must be submitted no later than 120 calendar 

days after the performance period end date (block 26 of the Notice of Award). A subrecipient must submit to the 

recipient no later than 90 calendar days after the period of performance end date.

10.3 Review of Performance and Financial Reports

AMS will review performance and financial reports to ensure completeness and progress toward meeting the

project goals and measurable outcomes as well as compliance with Federal assistance regulations. AMS will notify 

the recipient project director if additional information isrequired or if no further information is needed. The

recipient project director isresponsible for adequately addressing all comments and questions before sending the

revised report(s). 

10.4 Public Access to Records

Accomplishments, procedures, and other benefits resulting from the Federally funded project may be made

available publicly through online posting, as well as through Freedom of Information Act (5 U.S.C. 552) (FOIA)

requests. The AMS website is the primary means to distribute results of each Federal award, although additional 

proposal/project information, within the regulations, will be released if requested under the FOIA. Restrictions on 

the release of records and information apply for protected PII or when exempt from disclosure pursuant to the 

FOIA or the Privacy Act of 1974 (5 U.S.C. § 552a). 

Since requested information may be made public, AMS encourages the recipient to minimize grammatical and

spelling errors in submitted forms and materials. AMS will not edit the reports beyond ensuring that the content is 

appropriate. 

10.5 Disparaging Language and Protected PII

Recipients are prohibited from using AMS grant fundsto conduct any activity that isfalse, misleading, or disparaging

toward agricultural commodities or products or to disparage the mission, goals, and/or actions of another 

organization or individual. 

Reports submitted to AMS must avoid the use of Protected PII, including the use of an individual's first name or first

initial and last name in combination with any one or more types of information, including, but not limited to, social

security number, passport number, credit card numbers, clearances, bank numbers, biometrics, date, and place of 

birth, mother's maiden name, criminal, medical and financial records, educational transcripts, etc. Personal contact 

information included in performance reports should be limited to the recipient project director’s name and e-mail

address, as well as the organization name, physical address, and telephone number.
27

10.6 OverdueReports

If a recipient cannot submit a report within the scheduled performance reporting dates, the recipient must inform 

AMS as soon as it is aware of problems, delays, or adverse conditions. Recipients should contact AMS no fewer

than 30 calendar days before the due date. This disclosure must include a statement of the reason for the delay, a 

proposed alternative date, and any assistance needed to resolve the situation. AMS may extend the due date for 

performance reports based on a written request submitted by the recipient and signed by the Authorized 

Representative. If the late report submissions are due to issues of noncompliance, the enforcement actions 

described in section 17.0 Remedies for Noncompliance may be taken. 

11.0 ACKNOWLEDGEMENT OF SUPPORT

As required in 2 CFR § 415.2, grant recipients and subrecipients must acknowledge USDA AMS support in all 

publications written or published with USDA AMS grant or cooperative agreement support. This includes reports, 

pamphlets, posters, and brochures, and, if feasible, any publication reporting the results of, or describing, a grantsupported activity. Recipients must also acknowledge USDA AMS support on any audio or video product including 

live or prerecorded radio or television programs, audio recordings and multimedia presentations. 

The following acknowledgment of USDA funding must appear in all published materials or products, in any format 

(web sites, audiovisuals, etc.), that are substantially based upon or developed under an AMS award: 

Funding for [Project or Publication] was made possible by a grant/cooperative agreement 

from the U.S. Department of Agriculture (USDA) Agricultural Marketing Service. Its contents 

are solely the responsibility of the authors and do not necessarily represent the official views 

of the USDA.

Prime recipients publishing subaward opportunities (such as requests for applications) and subaward 

announcements must include acknowledgment that the funding is from the United States Department of 

Agriculture, Agricultural Marketing Service. For such announcements, prime recipients must also use the USDA 

logo. Subaward recipients and recipients conducting projects directly (not by making subawards), must include the 

above acknowledgment. They are encouraged to use the USDA logo in their financial acknowledgment. Any other 

logo use requires approval in writing from AMS prior to finalizing documents for publication or printing. When 

using the USDA logo, please use the https://www.usda.gov/style-guide/logo provided by USDA AMS.

The recipient is responsible for ensuring that an acknowledgment of USDA is made during media interviews, 

including popular media such as radio, television, and news magazines, that discuss work funded by USDA AMS in a 

substantial way.

AMS grant recipients are asked to coordinate all public announcements of awards and subawards, when possible,

with AMS and its Public Affairs Office. Simultaneous announcements by AMS and the grant recipient are frequently

preferred. 

12.0 PROPERTY MANAGEMENT

The title to real property, intangible property, equipment, and supplies acquired or improved by the recipient

under the award will vest upon acquisition in the recipient. Recipients must, at a minimum, provide the equivalent

insurance coverage for real property and equipment acquired or improved with Federal funds.
28

Recipients are expected to manage equipment whether acquired in whole or in part under the Federal award, until 

disposition takes place, by maintaining property records that include a description of the property, a serial number

or another identification number, the source of funding for the property (including the FAIN), who holds the title,

the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the 

Federal award under which the property was acquired, the location, use, and condition of the property, and any

ultimate disposition data including the date of disposal and sale price of the property. This is in addition to the 

other requirements of use, management, and disposition of real property, intangible property, equipment, and 

supplies acquired or improved under a grant in accordance with 2 CFR §§200.311, 200.313, 200.314, and 200.315. 

12.1 Disposition of Real Property, Intangible Property, Equipment, and Supplies

When real property is no longer needed for the originally authorized purpose, the recipient must obtain 

disposition instructions from AMS. 

The specific requirements governing the development, reporting, and disposition of rights of intangible property

can be found in 2 CFR § 200.315. 

When original or replacement equipment acquired under a Federal award is no longer needed for the original 

project or program or for other activities currently or previously supported by a Federal awarding agency, the 

recipient must request disposition instructions from AMS and may be made as follows: 

1. Items of equipment with a current per unit fair market value of $5,000 or less may be retained, sold, or 

otherwise disposed of with no further responsibility to AMS. 

2. Items of equipment with a current per unit fair market value above $5,000 may be retained by the 

recipient or sold and AMS compensated for its share. 

If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or 

completion of the project or program and the supplies are not needed for any other Federal award, the recipient

must retain the supplies for use on other activities or sell them, but must, in either case, compensate AMS for its 

share. 

In any of these cases, recipients acting on their own behalf or as the pass-through entity must submit to AMS via 

email either 1) an SF-428 C Tangible Personal Property Report Disposition Request/Report during the period of 

performance or 2) an SF-428 B Tangible Personal Property Final (Award Closeout) Report at closeout of the Federal 

award to report or request disposition instructions. A sample Disposition Request/Report can be found at 

www.ams.usda.gov/grants. Click on the applicable grant program website, and then click on “How to Administer 

the Award” in the left menu bar. AMS will review the request and provide disposition instructions for the real 

property, equipment, and/or supplies. The disposition instructions will notify the recipient that AMS is entitled to 

an amount calculated as follows: 

AMS Amount = Current Market value or proceeds from the sale of the equipment/supplies X Percentage of AMS 

participation in the cost of the original purchase

If the equipment and/or supplies are sold, the recipient is permitted to deduct and retain from the Federal share 

$500 or 10 percent of the proceeds, whichever is less, for its selling and handling expenses. 
29

13.0 CLOSEOUT

AMS will close out the Federal award when it determines that all applicable administrative actions and all required 

work of the Federal award are completed by the recipient, as provided in 2 CFR § 200.344. If the recipient fails to 

complete the requirements, AMS will proceed to close out the Federal award with the information available. When 

an award is closed out, terminated, or partially terminated, the recipient is responsible for complying with the 

requirements in 2 CFR § 200.345. 

The recipient must submit all project reporting information within 120 calendar days of the end of the award’s

period of performance. The subrecipient must submit project reporting information to the pass-through entity

within 90 calendar days of the end of the award’s period of performance. 

13.1 Closeout Checklist

The following documents must be submitted to and approved by AMS to close out a Federal award: 

1. Final Performance Report Template (see Section 10.2) and any project deliverables (e.g., photos, 

brochures, other print materials from the project); 

2. Final SF-425 Federal Financial Report (Section 10.2); 

3. Final SF-270 Request for Advance or Reimbursement (see Section 4.2 and subsections); 

4. Refund check for any unused funds, if applicable (see Section 14.2); 

5. SF-428 B Tangible Personal Property Final Report, if applicable (see Section 12.1); and

6. Audit report, if applicable (see Section 2.1) 

Requirements for Reapplication

Upon receiving and accepting all closeout documents, AMS will issue a closeout letter. If the recipient fails to 

complete the requirements within the specified timeframe, AMS will proceed to administratively close out the 

Federal award with the information available. Failure to submit all closeout reports within one year of the period 

of performance end date will result in AMS reporting the recipient’s material failure to comply with these award 

terms and conditions to Federal Awardee Performance and Integrity Information System (FAPIIS) and may result in

exclusion from future AMS grant consideration.

13.2 Unused and Returned Funds

Before submitting an SF-425 for a Federal award that has been completed or terminated, the recipient must 

liquidate all financial obligations incurred under the Federal award no later than 120 calendar days after the 

performance period end date of the award. If the recipient has a balance of funds that AMS previously disbursed 

and that the recipient did not obligate by the performance end date of the award, the recipient must return these 

funds to AMS. AMS’s request to return an unobligated balance following expiration or termination of an award is 

not considered an adverse action and is not subject to appeal.

Return the funds payable by check to the “Agricultural Marketing Service.” The use of express mail or courier 

services is strongly encouraged to avoid delays. 

Send payments to: 

[Grant Program Name]

Attn: [Grant Program Name] Team Lead

USDA, Agricultural Marketing Service

Transportation and Marketing Program

1400 Independence Avenue, SW

Room 1510–South Building, Stop 0264

Washington, DC 20250-0264
30

14.0 RECORD RETENTION

The recipient must retain all records relating to the grant for three years after the final SF-425 is received and

approved by AMS or until final resolution of any audit finding or litigation. See 2 CFR § 200.334 for exceptions and 

qualifications to the retention requirement and period for other types of grant-related records, including property 

records.

The recipientshould, whenever practicable, collect, transmit, and store award-related information in open and 

machine-readable formats rather than in closed formats or on paper, in accordance with applicable legislative 

requirements (EO 13642). A machine-readable format is a standard computer language (not English text) format 

that can be read automatically by a web browser or computer system.

15.0 ACCESS TO RECORDS

As described in 2 CFR § 200.337, AMS, Inspectors General, the Comptroller General of the United States, and the 

pass-through entity, or any of their authorized representatives, must have right of access to any documents, papers,

or records of recipients and subrecipients which are pertinent to the Federal award, to make audits, examinations,

excerpts, and transcripts. The right includes timely and reasonable access to the recipient’s and subrecipient’s

personnel for interview and discussion related to such documents.

16.0 REMEDIES FOR NONCOMPLIANCE

AMS may take one or more of the following remedies for a recipient’s failure to comply with the U.S. Constitution, 

Federal statutes, regulations, or the award General Terms and Conditions, including reporting requirements,

depending on the severity and duration of the noncompliance. In addition to the options listed below, AMS may 

take other legally available remedies, including initiating suspension or debarment under 2 CFR § 180. 

The recipient may be allowed to correct the deficiencies before AMS takes enforcement action; however, AMS

may take proactive steps to protect the Federal government’s interests, including placing specific conditions on 

awards as described in 2 CFR § 200.208 and in accordance with 2 CFR § 200.339, such as requiring more frequent

reporting or requiring the recipient to obtain technical or management assistance.

16.1 Disallow Costs

AMS may disallow (deny the use of funds) for all or part of the cost of the activity or action that is not in compliance.

16.2 Withdrawal of Authorized Personnel Approval

AMS may withdraw its approval of the Authorized Representative and/or other project representatives if the 

Agency concludes that they are no longer qualified or competent to perform their duties. If this occurs, AMS may

request that the recipient designate new Authorized Representative or other key personnel. The decision to 

impose specific conditions by withdrawing approval of the Recipient Authorized Representative or other key

personnel, or otherwise, is discretionary on the part of AMS and not subject to appeal.

16.3 Withholding of Payments

AMS may temporarily withhold cash payments pending correction of the deficiency by the recipient, in accordance 

with 2 CFR § 200.339.This decision is discretionary on the part of AMS and not subject to appeal.
31

16.4 Withholding of Support

AMS may decide not to make an award within the current award cycle if a recipient failed to meet the terms and

conditions of a previous award or if continued funding would not be in the best interests of the Federal

government.

16.5 Suspension or Termination

AMS may terminate an award in whole or in part per 2 CFR §200.340. AMS generally will suspend (rather than 

immediately terminate) a grant and allow the recipient an opportunity to take appropriate corrective actions 

before terminating a grant agreement. AMS may terminate the grant if the recipient does not take appropriate 

corrective actions during the period of suspension or if the grant no longer effectuates the program goals or 

agency priorities. AMS may also terminate the grant without first suspending it if the deficiency warrants 

immediate termination or if public health or welfare concerns require immediate action. AMS will provide the 

recipient with a notice of termination that includes the reason(s) for the termination and if the decision will be 

considered in evaluating future applications.

AMS and the recipient may mutually terminate a grant agreement, partially or totally, if the two parties agree 

upon the termination conditions, including the effective date and the portion to be terminated. The recipient must 

contact the AMS representative should it decide to terminate all or part of its award. If the recipient decides to 

terminate a portion of a grant agreement, AMS may determine that the remaining portion of the grant agreement

will not accomplish the purposes for which the grant agreement was originally awarded. In that case, AMS will 

advise the recipient of the possibility of termination of the entire grant and allow the recipient to withdraw its 

request for partial termination. If the recipient does not withdraw its request for partial termination, AMS may 

initiate a procedure to terminate the entire grant, which may include reporting the situation to Federal Awardee 

Performance and Integrity Information System (FAPIIS). 

When an award is terminated or partially terminated, the recipient is responsible for compliance with section 14.0

Closeout requirements. 

16.6 Specific Conditionsfor High-Risk Recipients

AMS will evaluate the degree of risk associated with a given recipient and may impose additional award conditions per 2 

CFR § 200.206(b) on the recipient that corresponds to the degree of risk assessed. Thisrisk assessment may

incorporate the results of the evaluation of the applicant's eligibility or the quality of its application. These specific

award conditions are described in 2 CFR § 200.208. AMS will promptly remove any specific conditions once the

conditions that prompted them have been corrected and verified. 

17.0 APPEALS RELATED TO NON-COMPLIANCE REMEDIES

The recipient may appeal an AMS decision to remedy non-compliance within 30 days after receiving the final 

decision by submitting a written request for review to the Federal Agency Project contact, identified in block 9 and 

10 of the Notice of Award, unless directed otherwise. The appeal letter must explain the decision or action it is 

appealing, describe what happened, and include any documentation that substantiates the appeal. AMS will 

review the notification and respond within 30 calendar days.
32

AMS encourages all recipients to try to resolve disputes by using Alternative Dispute Resolution (ADR) techniques.

The benefits of using ADR can include decreasing time, cost, and other resources expended in resolving conflicts 

and increasing customer satisfaction. ADR techniques include mediation, early neutral evaluation, and other 

consensual resolution methods. Recipients must obtain their own mediator. 

18.0 SITE VISITS

AMS may conduct periodic site visits, at its own expense, to review project accomplishments and monitor 

progress, to review financial and performance records, organizational procedures, and financial control systems, 

and to provide technical assistance as required. AMS will make every effort to notify the grant recipient at least 

two weeks in advance of any trip to the AMS-funded project location. If AMS makes any official site visit on the 

premises of a recipient or a subrecipient(s), the recipient must provide, and must require its subrecipients to 

provide, all reasonable facilities and assistance for the safety and convenience of government officials in the 

performance of their duties. All site visits and evaluations are expected to be performed in a manner designed to 

not unduly delay the implementation of the project.

19.0 LIMIT OF FEDERAL LIABILITY

The maximum obligation of AMS to a recipient is the amount indicated in the award. Nothing in these award terms

and conditions or in the other requirements of the award requires AMS to make any additional award of funds or 

limits its discretion with respect to the amount of funding provided for the same or any other purpose. However, if

an erroneous amount is stated in the award, the approved budget, or supporting documentation relating to the

award, AMS has a unilateral right to make the correction and to make an appropriate adjustment in the AMS share

of the award to align with the Federal amount authorized. 

For awards where it is anticipated that the period of performance will include multiple budget periods, all 

subsequent budget periods are subject to the availability of funds, program authority, satisfactory performance, 

and compliance with the terms and conditions of the Federal award.

20.0 FRAUD, WASTE, AND ABUSE

Anyone who witnesses or has knowledge of the existence (or apparent existence) of fraud, waste, or abuse related 

to AMS grants or use of grant funds should report this information to USDA. The USDA Office of Inspector General 

(OIG) provides several means, including toll-free numbers, for this purpose. Recipients can reach the OIG Hotline in

the following ways: 

Online: http://www.usda.gov/oig/hotline 

Write: United States Department of Agriculture

Office of Inspector General

PO Box 23399

Washington, DC 20026-3399

Call: 1-800-424-9121 (toll free) or 202-690-1202 (TDD) 

Fax: 202-690-2474
33

Fraud, waste, and abuse include, but are not limited to, embezzlement, misuse, or misappropriation of grant funds

or property, and false statements and misrepresentation, whether by organizations or individuals. Examples are

theft of grant funds for personal use; using funds for non-grant-related purposes; theft of Federally owned

property or property acquired or leased under a grant; charging inflated building rental fees for a building owned

by the recipient; submitting false financial reports and submitting false financial data in bids submitted to the 

recipient (for eventual payment under the grant). Callers are not required to give their names and, if they do, OIG 

keeps the identity of complainants protected under the provisions of the Whistleblower Protection Act of 1989

and the Inspector General Act of 1978. 

The Federal government may pursue administrative, civil, or criminal action under a variety of statutes that relate 

to fraud and false statements or claims. Even if the Federal government does not award a grant, the applicant may 

be subject to penalties if the information contained in or submitted as part of an application, including its 

certifications and assurances, is found to be false, fictitious, or fraudulent.

21.0 PROHIBITION OF CONFIDENTIALITY AGREEMENTS

For recipients with internal confidentiality agreements, the following apply: 

(a) The recipient may not require its employees, contractors, or subrecipients seeking to report fraud, waste, 

or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or 

otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated 

investigative or law enforcement representative of a Federal Department or Agency authorized to receive 

such information. 

(b) The recipient must notify its employees, contractors, or subrecipients that the prohibitions and 

restrictions of any internal confidentiality agreements inconsistent with paragraph (a) of this award 

provision are no longer in effect.

(c) The prohibition in paragraph (a) of this award provision does not contravene requirements applicable to 

any other form issued by a Federal department or Agency governing the nondisclosure of classified 

information. 

(d) If the Government determines that the recipient is not in compliance with this award provision, it:

(1) Will prohibit the recipient's use of funds under this award, per sections 743, 744 of Division E of 

the Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law; 

and 

(2) May pursue other remedies available for the recipient's material failure to comply with award 

terms and conditions. 

22.0 PAPERWORK REDUCTION

According to the Paperwork Reduction Act of 1995, as amended (44 U.S.C. 3501-3520), an Agency may not 

conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a 

currently valid OMB control number. The valid OMB control number for this information collection is 0581-0240. 

The time required to complete this information collection is estimated to average 2.22 hours per response, 

including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data 

needed, and completing and reviewing the collection of information. 
34

23.0 NONDISCRIMINATION STATEMENT

USDA is an equal opportunity provider, employer, and lender. Recipients should follow the instructions found at 

https://www.usda.gov/non-discrimination-statement for any complaint. 

24.0 ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS

By signing the award agreement, recipients agree to comply with the applicable Federal statutes and regulations as 

listed below and any other policy requirements that apply to USDA programs and awards. The full text of Code 

Federal Regulations references can be found at: eCFR-Code of Federal Regulations. 

Federal statutes and regulations found on the SF-424B “Assurances –Non-Construction Programs.”

2 CFR § 25 – System for Award Management and Universal Identifier Requirements

2 CFR § 170 – Reporting Subaward and Executive Compensation Information

2 CFR § 175 – Award Term for Trafficking in Persons

2 CFR §§ 180 and 417 – OMB Guidelines to Agencies on Government-Wide Debarment and Suspension

(Nonprocurement) and USDA Nonprocurement Debarment and Suspension

2 CFR § 182 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)

2 CFR § 183 – Never Contract with the Enemy

2 CFR § 184 – Buy America Preferences for Infrastructure Projects (see also “Buy America Preferences for 

Infrastructure Projects” below)

2 CFR § 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirementsfor Federal Awards

2 CFR § 400 – Uniform Administrative Requirements, Cost Principles, and Audit Requirementsfor Federal Awards

2 CFR § 415 – General Program Administrative Regulations

2 CFR § 416 – General Program Administrative Requirementsfor Grants and Cooperative Agreementsto State and

Local Governments

2 CFR § 418 – New Restrictions on Lobbying

2 CFR § 421 – Requirementsfor Drug-Free Workplace (Financial Assistance)

2 CFR § 422 – Research Institutions Conducting USDA-Funded Extramural Research; Research Misconduct

7 CFR § 1, subpart A – Official Records (Freedom of Information Act)

7 CFR § 1(b) – National Environmental Policy Act

7 CFR § 3 – Debt Management (OMB Circular No. A-129)

7 CFR § 15, subpart A – Nondiscrimination in Federally-Assisted Programs of the Department of Agriculture—Effectuation 

of Title VI of the Civil Rights Act of 1964

7 CFR § 331 and 9 CFR § 121—USDA implementation of the Agricultural Bioterrorism Protection Act of 2002

37 CFR § 401 – Rights to Inventions made by Nonprofit Organizations and Small Business Firms under Government 

Grants, Contracts, and Cooperative Agreements
35

41 CFR §§ 301-10.131 to 301-10.143 – Use of United States Flag Air Carriers, which implements the Fly America Act

(49 U.S.C. 40118). Formore information see http://www.gsa.gov/portal/content/103191. 

48 CFR subpart 31.2 – Contracts with Commercial Organizations

8 U.S.C. § 1324a – Unlawful employment of aliens

29 U.S.C. § 794 – Nondiscrimination under Federal grants and programs

41 U.S.C. § 22 – Interest of Member of Congress

41 U.S.C. § 4712 – Enhancement of contractor protection from reprisal for disclosure of certain information

44 U.S.C. § 3551 et seq. (P.L. 107-347) – Federal Information System Security Management Act of 2002 (FISMA)

EO 13166, Improving Access to Services for Persons with Limited English Proficiency, take reasonable steps to 

ensure that LEP persons have meaningful access to programs in accordance with LEP Implementation Strategy for 

AMS’ Federally-Assisted Programs. 

EO 13798, Promoting Free Speech and Religious Liberty. As a recipient you must not discriminate against sub 

recipients on the basis of their religious character. 

EO 13864, Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities

EO 13933, Protecting American Monuments, Memorials, and Statues and Combating Recent Criminal Violence

EO 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation

EO 13991, Protecting the Federal Workforce and Requiring Mask-Wearing

EO 13999, Protecting Worker Health and Safety

EO 14005, Ensuring the Future Is Made in All of America by All of America’s Workers 

DR 1020-006 – Public Access

DR 1074-001 – Scientific Integrity

DR 3465-001 – Geospatial Data

Motor Vehicle Safety – Highway Safety Act of 1966, as amended (23 U.S.C.§§ 402 & 403); Government Organization

and Employees Act, as amended (5 U.S.C. § 7902 (c)); Occupational Safety and Health Act of 1970, as amended (29

U.S.C. § 668); Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. § 101, et seq.);

Increasing Seat Belt Use in the United States (EO 13043); Federal Leadership on Reducing Text Messaging While

Driving (EO 13513)

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, 

P.L. No. 112-55, Division A, Sections 738 and 739 regarding corporate felony convictions and corporate Federal tax 

delinquencies.

P.L. 117-58 §§ 70901-52- Build America, Buy America Act

P. L. 113-101 – Digital Accountability and Transparency Act of 2014 P. L. 109-282 – Federal Financial Accountability 

and Transparency Act of 2006
36

Buy America Preferences for Infrastructure Projects 

Recipients of AMS grants and cooperative agreements for infrastructure are subject to the requirements below. 

For-profit recipients and subrecipients supported by AMS grants and cooperative agreements are not subject to 

these requirements. 

Buy America Preference. Recipients of an award of Federal financial assistance from a program for infrastructure 

are hereby notified that none of the funds provided under this award may be used for an infrastructure project 

unless: (1) All iron and steel used in the project are produced in the United States—this means all manufacturing 

processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) All 

manufactured products used in the project are produced in the United States— this means the manufactured 

product was manufactured in the United States; and the cost of the components of the manufactured product that 

are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all 

components of the manufactured product, unless another standard that meets or exceeds this standard has been 

established under applicable law or regulation for determining the minimum amount of domestic content of the 

manufactured product; and (3) All construction materials are manufactured in the United States—this means that 

all manufacturing processes for the construction material occurred in the United States. The construction material 

standards are listed below.

Incorporation into an infrastructure project. The Buy America Preference only applies to articles, materials, and 

supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply 

to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at 

or before the completion of the infrastructure project. Nor does a Buy America Preference apply to equipment and 

furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the 

finished infrastructure project but are not an integral part of the structure or permanently affixed to the 

infrastructure project.

Categorization of articles, materials, and supplies. An article, material, or supply should only be classified into one 

of the following categories: (i) Iron or steel products; (ii) 15 Manufactured products; (iii) Construction materials; or 

(iv) Section 70917(c) materials. An article, material, or supply should not be considered to fall into multiple 

categories. In some cases, an article, material, or supply may not fall under any of the categories listed in this 

paragraph. The classification of an article, material, or supply as falling into one of the categories listed in this 

paragraph must be made based on its status at the time it is brought to the work site for incorporation into an 

infrastructure project. In general, the work site is the location of the infrastructure project at which the iron, steel, 

manufactured products, and construction materials will be incorporated.

Application of the Buy America Preference by category. An article, material, or supply incorporated into an 

infrastructure project must meet the Buy America Preference for only the single category in which it is classified.

Determining the cost of components for manufactured products. In determining whether the cost of components 

for manufactured products is greater than 55 percent of the total cost of all components, use the following 

instructions: (a) For components purchased by the manufacturer, the acquisition cost, including transportation 

costs to the place of incorporation into the manufactured product (whether or not such costs are paid to a 

domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (b) For 

components manufactured by the manufacturer, all costs associated with the manufacture of the component, 

including transportation costs as described in paragraph (a), plus allocable overhead costs, but excluding profit. 

Cost of components does not include any costs associated with the manufacture of the manufactured product.

Construction material standards. The Buy America Preference applies to the following construction materials 

incorporated into infrastructure projects. Each construction material is followed by a standard for the material to 

be considered “produced in the United States.” Except as specifically provided, only a single standard should be 

applied to a single construction material. (1) Non-ferrous metals. All manufacturing processes, from initial smelting 

or melting through final shaping, coating, and assembly, occurred in the United States. (2) Plastic and polymerbased products. All manufacturing processes, from initial combination of constituent plastic or polymer-based 

inputs, or, where applicable, constituent composite materials, until the item is in its final form, occurred in the 

United States. (3) Glass. All manufacturing processes, from initial batching and melting of raw materials through 
37

annealing, cooling, and cutting, occurred in the United States. (4) Fiber optic cable (including drop cable). All 

manufacturing processes, from the initial ribboning (if applicable), through buffering, fiber stranding and jacketing, 

occurred in the United States. All manufacturing processes also include the standards for glass and optical fiber, 

but not for non-ferrous metals, plastic and polymer-based products, or any others. 16 (5) Optical fiber. All 

manufacturing processes, from the initial preform fabrication stage through the completion of the draw, occurred 

in the United States. (6) Lumber. All manufacturing processes, from initial debarking through treatment and 

planning, occurred in the United States. (7) Drywall. All manufacturing processes, from initial blending of mined or 

synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the United 

States. (8) Engineered wood. All manufacturing processes from the initial combination of constituent materials 

until the wood product is in its final form, occurred in the United States.

Waivers

When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The 

agency should notify the recipient for information on the process for requesting a waiver from these requirements. 

When the Federal agency has made a determination that one of the following exceptions applies, the awarding 

official may waive the application of the Buy America Preference in any case in which the agency determines that: 

(1) applying the Buy America Preference would be inconsistent with the public interest; (2) the types of iron, steel, 

manufactured products, or construction materials are not produced in the United States in sufficient and 

reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured 

products, or construction materials produced in the United States will increase the cost of the overall project by 

more than 25 percent. A request to waive the application of the Buy America Preference must be in writing. The 

agency will provide instructions on the format, contents, and supporting materials required for any waiver request. 

Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made 

in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver 

described at https://www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver. 

Definitions

See pages 18 and 19 of M-24-02.