OMB Requests Comment on Revisions to 2 CFR Covering Grants and Agreements
Section: Washington Update

The U.S. Office of Management and Budget has published a request for information soliciting feedback on revisions to Title 2 of the Code of Federal Regulations covering grants and agreements, which will be considered during the process of drafting updates this year. OMB anticipates publishing the final updates by December 2023.
The RFI is requesting feedback that would support the goals of the forthcoming revision:
  • revising the guidance to incorporate statutory requirements;
  • revising guidance to reduce agency and recipient burden;
  • clarifying areas that have been interpreted in different ways; and
  • rewriting portions of the guidance to be in plain English, improving flow and inconsistent use of terms. 
OMB is specifically looking for examples of how you or your organization would be impacted negatively or positively by any changes. If you suggest a revision, OMB requests that you provide material to support your position. Economic effects with supporting quantitative and qualitative data are encouraged.

Proposed Rule on Build America, Buy America
OMB has also issued a proposed rule revising OMB guidance for grants and agreements concerning implementation of the Build America, Buy America Act provisions of the Infrastructure Investment and Jobs Act, or IIJA. The IIJA requires the covered federal agencies ensure that “none of the funds made available to federal financial assistance programs may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.”
OMB is proposing a new part 184 in CFR Chapter 1 to support implementation of BABA and to clarify existing requirements within 2 CFR 200.322. The new part and clarifications to the existing guidance concern domestic preferences for procurements. The revision adds a new part to address the “Buy America” preference for all awards with infrastructure expenditures and provides definitions for the purposes of 2 CFR 184. The new part 184 includes OMB’s proposed standards for all manufacturing processes for the manufacture of construction materials.
Please respond directly to OMB with your comments, clarifications and thoughts regarding the information provided in these notices by Monday, March 13

NASACT would appreciate it if you would copy us on your correspondence so that we may keep an ongoing log of responses and issues raised. 

The RFI can be accessed here.

The proposed rule concerning BABA is available here.