2 C.F.R. § 200.343

Effects of suspension and termination

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Costs to the recipient or subrecipient resulting from financial obligations incurred by the recipient or subrecipient during a suspension or after the termination of a Federal award are not allowable unless the Federal agency or pass-through entity expressly authorizes them in the notice of suspension or termination or subsequently. However, costs during suspension or after termination are allowable if:

(a) The costs result from financial obligations which were properly incurred by the recipient or subrecipient before the effective date of suspension or termination, and not in anticipation of it; and

(b) The costs would be allowable if the Federal award was not suspended or expired normally at the end of the period of performance in which the termination takes effect.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Ctr. for Biological Diversity v. United States Mar. Admin. (E.D. Va. 2023).
Ctr. for Biological Diversity v. United States Mar. Admin. (E.D. Va. 2023). “3(b) of the FY 2018 grant agreement provides that “adjustment of funds under this Agreement follow the requirements of 2 C.F.R. 200.343–.345.” MARAD 016275. These regulations allow for MARAD to “recover funds [from the grant awardee] on the basis of a later audit or other…”
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