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Contract Provisions Guide 4 Introduction FEMA grant recipients and subrecipients (also known as non-federal entities or NFEs)1 will often use contractors to help them carry out work under their awards. These contracts are a commercial transaction between the NFE and its contractor, and FEMA has no contractual relationship with NFEs’ contractors. Although FEMA is not a party to the contract, if an NFE is using federal funding to pay for the contract, the NFE must comply with federal laws, including the federal procurement standards. This Guide is applicable to all NFEs purchasing in support of declarations and FEMA awards issued on or after November 12, 2020 and reflects Office of Management and Budget (OMB) revisions to the federal procurement standards. For FEMA declarations and awards issued between December 26, 2014 and November 11, 2020 please refer to the Contract Provisions Template. While the Contract Provisions Template is only directly applicable to FEMA’s Public Assistance (PA) Program, all FEMA grant recipients and subrecipients are encouraged to review this resource since it provides guidance on the federal procurement under grants regulations. The federal procurement standards for NFEs are described in Title 2 of the Code of Federal Regulations (C.F.R.), Part 200, sections 200.317-200.327. 2 C.F.R. § 200.327 states that “the non- federal entity's contracts must contain the applicable provisions described in Appendix II to this part” (emphasis added). This Guide is designed to help FEMA grant recipients and subrecipients navigate Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, including providing mandatory language and/or suggested language for each required contract provision. This Guide also describes contract clauses that FEMA recommends in addition to those required by 2 C.F.R. Part 200. This Guide provides: Sample language or references to find sample language for some of the federally required clauses. Required language for clauses that require exact language. 1 Non-federal entity is defined as a state, local government, Indian tribe, institution of higher education, or nonprofit organization carrying out a federal award as a recipient or subrecipient. 2 C.F.R. § 200.1. State is defined as “any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any agency or instrumentality thereof exclusive of local governments.” 2 C.F.R. § 200.1. The term “non-state entity” therefore refers to a non-federal entity other than a state, which includes local and tribal governments as well as nonprofit organizations. ATTY/AGR.2025.317/Wood Rodgers, Inc. (Page 41 of 77)