Subpart D: Post-award requirements 2024 Uniform Guidance · effective Oct 1, 2024

2 CFR 200.331: Subrecipient and contractor determinations

2 CFR 200.331 sets 2 requirements for organizations that receive federal grants and cooperative agreements. Applies while you manage a federal award.

Shows up in your application: BudgetBudget justificationSubaward planOrganizational capacity

What 2 CFR 200.331 requires

1. General

What you must do

A pass-through entity must make a case-by-case, substance-over-form determination for each agreement passing federal funds to another entity: a subaward carries out a portion of the Federal award (assistance relationship, § 200.331(a) characteristics — eligibility determination, performance measured against program objectives, programmatic decision-making, adherence to program requirements, public purpose); a contract obtains goods or services for the entity's own use (procurement relationship, § 200.331(b) characteristics). No single factor is determinative.

When it applies

Application or award involves passing federal funds to any third-party entity

BudgetBudget justificationSubaward plan
2. Procurement

What you must do

The classification controls which compliance regime flows down: subawards trigger the pass-through entity duties of § 200.332 (and subrecipient single-audit exposure), while contracts trigger the procurement standards of §§ 200.317–200.327; contractors are not subject to Federal program compliance requirements by virtue of the agreement.

When it applies

Budget contains contractual or subaward lines funded by the Federal award

Budget justificationSubaward planOrganizational capacity
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Sections 2 CFR 200.331 refers to

Sections that refer to 2 CFR 200.331

Regulation text of 2 CFR 200.331

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An entity may concurrently receive Federal awards as a recipient, a subrecipient, and a contractor. The pass-through entity is responsible for making case-by-case determinations to determine whether the entity receiving Federal funds is a subrecipient or a contractor. The Federal agency may require the pass-through entity to comply with additional guidance to make these determinations, provided such guidance does not conflict with this section. The Federal agency does not have a direct legal relationship with subrecipients or contractors of any tier; however, the Federal agency is responsible for monitoring the pass-through entity's oversight of first-tier subrecipients. All of the characteristics listed below may not be present in all cases, and some characteristics from both categories may be present at the same time. No single factor or any combination of factors is necessarily determinative. The pass-through entity must use judgment in classifying each agreement as a subaward or a procurement contract. In making this determination, the substance of the relationship is more important than the form of the agreement.

(a) Subrecipients. A subaward is for the purpose of carrying out a portion of the Federal award and creates a Federal financial assistance relationship with a subrecipient. See the definition of Subaward in § 200.1. Characteristics that support the classification of the entity as a subrecipient include, but are not limited to, when the entity:

(1) Determines who is eligible to receive what Federal assistance;

(2) Has its performance measured in relation to whether the objectives of a Federal program were met;

(3) Has responsibility for programmatic decision-making;

(4) Is responsible for adherence to applicable Federal program requirements specified in the Federal award; and

(5) Implements a program for a public purpose specified in authorizing statute, as opposed to providing goods or services for the benefit of the pass-through entity.

(b) Contractors. A contract is for the purpose of obtaining goods and services for the recipient's or subrecipient's use and creates a procurement relationship with a contractor. See the definition of contract in § 200.1. Characteristics that support a procurement relationship between the recipient or subrecipient and a contractor include, but are not limited to, when the contractor:

(1) Provides the goods and services within normal business operations;

(2) Provides similar goods or services to many different purchasers;

(3) Normally operates in a competitive environment;

(4) Provides goods or services that are ancillary to the implementation of a Federal program; and

(5) Is not subject to compliance requirements of a Federal program as a result of the agreement. However, similar requirements may apply for other reasons.

Source: eCFR · checked Sep 17, 2026

Questions about 2 CFR 200.331

What does 2 CFR 200.331 require?

A pass-through entity must make a case-by-case, substance-over-form determination for each agreement passing federal funds to another entity: a subaward carries out a portion of the Federal award (assistance relationship, § 200.331(a) characteristics — eligibility determination, performance measured against program objectives, programmatic decision-making, adherence to program requirements, public purpose); a contract obtains goods or services for the entity's own use (procurement relationship, § 200.331(b) characteristics). No single factor is determinative. The classification controls which compliance regime flows down: subawards trigger the pass-through entity duties of § 200.332 (and subrecipient single-audit exposure), while contracts trigger the procurement standards of §§ 200.317–200.327; contractors are not subject to Federal program compliance requirements by virtue of the agreement.

When does 2 CFR 200.331 apply?

Application or award involves passing federal funds to any third-party entity. Budget contains contractual or subaward lines funded by the Federal award.

Plain-English summaries for information only, not legal advice. Always check the regulation text, your award terms and your agency’s guidance.