OMB Reporting Requirements Will Likely Not Affect Contractors

As AGC previously reported, OMB issued new guidance for recipients and sub-recipients of federal grants, loans and financial assistance. AGC is now learning that new interpretations of this guidance may be forthcoming. AGC reported last week that DOT has determined, in conjunction with OMB, that the reporting requirements do not apply, as contractors are interpreted to be vendors rather than sub-recipients. AGC has also learned that EPA interprets the rule similarly to DOT. As EPA interprets the OMB regulation, the Federal Funding Accountability and Transparency Act (FFATA) reporting requirements apply to subawards, as opposed to procurement contracts, made by prime grant recipients (state and local governments). For purposes of EPA's State Revolving Fund (SRF) programs, this means that FFATA reporting would not extend to procurement contracts for construction, engineering and other commercial services executed by either the state SRF capitalization grant recipient or municipalities that receive SRF loans. For more information, contact Scott Berry at (703) 837-5321 or berrys@agc.org