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RECIPIENT CHECKLIST FOR DETERMINING IF THE ENTITY RECEIVING FUNDS
HAS A CONTRACTOR OR SUBRECIPIENT RELATIONSHIP
This document is intended to help a recipient of federal funds make a judgment as to whether each agreement it makes, for the
disbursement of federal program funds, casts the entity receiving the funds in the role of a subrecipient or a contractor. Based on 2
CFR Chapter I, Chapter II, Part 200 et al. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards (Uniform Guidance), issued by the U.S. Ofce of Management and Budget (OMB) on December 26, 2013, and effective for
non-federal entities on December 26, 2014, the following information is intended for use by all non-federal entities.
Important Terms:
Recipient: A non-federal entity that
receives a federal award directly from a
federal awarding agency to carry out an
activity under a federal program. The term
recipient does not include subrecipients.
(See 2 CFR 200.86 of the Uniform
Guidance.)
Subrecipient: A non-federal entity that
receives a subward for the purpose of
carrying out part of a federal award. The
subaward creates a federal assistance
relationship with the subrecipient.
(See 2 CFR 200.93 & .330 (a) of the Uni-
form Guidance.)
Contractor: A non-federal entity that
receives a contract for the purpose of
providing goods and services for the
awarding non-federal entity’s own use.
The contract creates a procurement
relationship with the contractor. The Uni-
form Guidance replaced the term “Ven-
dor” with “Contractor.” (See 2 CFR 200.22
& .330 (b) of the Uniform Guidance.)
Instructions: The “Characteristics” column in this checklist is based on language in the Uniform Guidance. The column lists
characteristics that support the classication of a non-federal entity as a subrecipient or contractor. Since all of the characteristics
listed may not be present in all cases, the Uniform Guidance recognizes that the recipient “…must use judgment in classifying each
agreement as a subaward or a procurement contract.” (2 CFR 200.330 (c).) In the “Explanations” column, AGA provides additional
information to assist in answering the questions under “Characteristics.” Answer each question by checking “yes” or “no” where
indicated. Based on responses to the questions, a key provided at the end of each section will help in making a judgment as to
whether a subrecipient or contractor relationship exists. White space is provided in between the “Characteristics” column and the
“Explanation” column so that users can tailor this checklist to accommodate the unique aspects of various programs or jurisdictions.
Note: One check in a subrecipient box does not necessarily mean the entity is a subrecipient. A judgment should be based on the
totality of responses.
Ofce
Entity receiving funds
Funding Source(s)
Notes:
1
CHARACTERISTICS
Decision Making Authority
EXPLANATIONS
200.330 a. 1
Determines who is eligible to receive what Federal assistance;
Yes No
If the entity determines whether
a participant meets a federal
program’s eligibility
requirements for assistance, it
is most likely a subrecipient.
A contractor may provide
services to clients in a program
after eligibilty has been
determined by the recipient.
If the entity has authority to
make decisions regarding the
delivery of service,
operations, or types of
assistance provided within the
terms of the agreement, it is
typically a subrecipient.
If the entity provides goods or
services directly to the recipient
or to program participants at
the direction of the recipient and
does not make programmatic
decisions or adhere to program
requirements, it is typically a
contractor.
a. Does the entity determine who is eligible to participate in
the federal program?
200.330 a.3 Has responsibility for programmatic decision making;
Yes No
a. Does the entity have the ability to make decisions about
how services will be delivered to participants, in accordance
with federal programmatic requirements?
OR
200.330 b.4 Provides goods or services that are ancillary to the operation
of the Federal program;
Yes No
b. Does the entity provide goods or services for the
recipient’s own use?
b. Does the entity provide services designated by the
recipient to serve the recipient’s participants without regard
to specific federal programmatic requirements?
Contractor
If you selected “yes” to EITHER item a, this is an indicator of a subrecipient relationship.
If you selected “yes” to EITHER item b, this is an indicator of a contractor relationship.
Nature of Award
200.330 a. 2
Has its performance measured in relation to whether
objectives of a federal program were met;
Yes No
a. Are the scope of work (or portion, if applicable) and terms
and conditions of the agreement the same for the entity as
they are for the recipient that received the federal funds?
a. Is the entity carrying out completion of the goal of the
grant (or part, if applicable) as stated in the federal award?
OR
200.330 b.5 Is not subject to compliance requirements of the Federal
program as a result of the agreement, though similar
requirements may apply for other reasons.
Yes No
b. Does the recipient develop the scope of work and terms
and conditions of the agreement to meet the recipient’s
needs?
Subrecipient Contractor
If you selected “yes” to EITHER item a, this is an indicator of a subrecipient relationship.
If you selected “yes” to item b, this is an indicator of a contractor relationship.
If the entity is providing a service
for the recipient to meet the
goal of the grant, it is a contrac-
tor; if the entity is providing a
service that carries out a goal
within the scope of the grant, it
is a subrecipient. When a grant
program contains mulitple goals,
it is possible for the recipient to
complete part of the goals and
for the entity to perform another
part.
If the scope of the agreement
is per the federal program
terms/guidance, the entity is
a subrecipient. A subrecipient
may also provide programmatic
or progress reports to ensure
compliance with federal program
requirements.
Conversely, if the scope of the
agreement is per the recipient’s
terms and not federal program
guidance, and if the recipient’s
oversight is governed only by the
contract terms and conditions, it
is a contractor.
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2
EXPLANATIONS
Yes No
Yes
No
Subrecipient
Award Risk
EXPLANATIONS
200.330 a.4 Is responsible for adherence to applicable Federal program
requirements specified in the Federal award;
Yes No
If the funding is given to the
entity with a purpose of com-
pleting the goal of the grant, the
recipient will be required to en-
sure the entity adheres to feder-
al grant program guidance. The
recipient will also be required
to monitor the activities of the
entity per Uniform Guidance
section 200.331. The entity as-
sumes little risk should federal
grant guidance not be met. The
risk falls with the recipient.
If the recipient directs specific
activities to be completed by
the entity, by providing goods or
services, the risk falls on the en-
tity to deliver, per the agreement
terms. In this case, the entity
would not be required to adhere
to the federal grant program
requirements, just the terms
and conditions in the agreement
with the recipient.
a. Funding to the entity depends on the entity’s ability to
best meet the objectives of the award. Although performance
is measured against federal award objectives, the entity
assumes little risk if the objectives are not met.
200.330 b.5
Is not subject to compliance requirements of the Federal
program as a result of the agreement, though similar
requirements may apply for other reasons.
Yes No
b. The entity assumes financial risk if they fail to deliver the
goods or services agreed upon.
Criteria for Selection
200.330 a.5 In accordance with its agreement, uses the Federal funds to
carry out 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.
Yes No
a. Does the entity demonstrate a financial or public need for
funding to carry out a project or provide a service?
a. Will the entity be contributing match or other non-Federal
funding in support of the award?
OR
200.330 b.3
Normally operates in a competitive environment;
b. Were procurement policies applied in the selection of the
entity?
Contractor
If you selected “yes” to ANY item a, this is an indicator of a subrecipient relationship.
If you selected “yes” to ANY item b, this is an indicator of a contractor relationship.
If the entity was chosen because
it has the best widgets or service
for the price, it has a contractor
relationship with the recipient.
Typically, a procurement method
is followed, such as a compet-
itive bid or RFP process. In this
type of agreement, the entity
usually makes a profit by deliv-
ering this good or service to the
recipient. Payments to contrac-
tors are typically made based on
contract terms.
Conversely, if the entity was
chosen because it was already
providing a service within the
guidelines of the grant program
and wants to partner with the
recipient to expand the delivery
or assist in meeting the goal of
the grant, it may be a subrecipi-
ent. Typically, the entity may not
make a profit and may provide
its own non-federal funding as
match or cost sharing. The entity
may have been chosen through
an application process or an
announcement of funding, as
opposed to the procurement pro-
cess described above. Payment
to a subrecipient is generally
based on actual expenses unless
awarded on a fixed amount
subaward (2 CFR 200.332). It is
typical of subrecipients to submit
budgets, financial reports, or
copies of invoices to the recipi-
ent, to document activity.
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OR
Contractor
If you selected “yes” to item a, this is an indicator of a subrecipient relationship.
If you selected “yes” to item b, this is an indicator of a contractor relationship.
a. Will the entity be reimbursed for only actual costs
incurred?
b. Was the entity’s proposed price a factor in the selection
process?
b. Will the entity derive a profit from the agreement?
3
EXPLANATIONS
Yes No
Yes No
Subrecipient
Subrecipient
Yes No
Yes No
Yes No
Entity’s Business Environment
EXPLANATIONS
200.330 b.1 Provides the goods and services within normal business
operations;
If a federal program provides
funding to modify public
buildings for handicapped
accessibility and the recipient
provides funds to an entity to
update the entity’s building,
per the terms of the award,
then a subrecipient relationship
exists.
Conversely, if the recipient hires
an entity to update their own
building to be handicapped
accessible, then a contractor
relationship exists.
b. Is the entity’s normal business to provide the goods or
services being purchased in the agreement?
200.330 b.2
Provides similar goods or services to many different
purchasers;
Yes
No
b. Does the entity provide the same goods or services to other
organizations?
Contractor
Final Determination
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Contractor
If you selected “no” to EITHER item, it is an indicator of a subrecipient relationship.
If you selected “yes” to BOTH items, it is an indicator of a contractor relationship.
4
EXPLANATIONS
Review all the entries and make
an overall determination of the
relationship. Check the
appropriate box in this section.
Determined by
Approved by
(date)
(date)
(enter name of person initially making decision)
(enter name of person reviewing)
Based on the relationship determined above,
see additional guidance on requirements governing agreements.
Section 200.331 -
“Requirements for pass-through entities,”
for subrecipient agreements,
Section 200.317 through 200.326 -
“Procurement Standards,
for contractor agreements.
Determination
Subrecipient
Subrecipient
Yes No