§200.208. Specific conditions.
2 C.F.R. § 200.208
Federal agencies are responsible for ensuring that specific Federal award conditions and performance expectations are consistent with the program design (See § 200.202 and § 200.301).
The Federal agency or pass-through entity may adjust specific conditions in the Federal award based on an analysis of the following factors:
Review of OMB-designated repositories of government-wide data (for example, SAM.gov) or review of its risk assessment (See § 200.206);
The recipient's or subrecipient's history of compliance with the terms and conditions of Federal awards;
The recipient's or subrecipient's ability to meet expected performance goals as described in § 200.211; or
A determination of whether a recipient or subrecipient has inadequate financial capability to perform the Federal award.
Specific conditions may include the following:
Requiring payments as reimbursements rather than advance payments;
Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance;
Requiring additional or more detailed financial reports;
Requiring additional project monitoring;
Requiring the recipient or subrecipient to obtain technical or management assistance; or
Establishing additional prior approvals.
Prior to imposing specific conditions, the Federal agency or pass-through entity must notify the recipient or subrecipient as to:
The nature of the specific condition(s);
The reason why the specific condition(s) is being imposed;
The nature of the action needed to remove the specific condition(s);
The time allowed for completing the actions; and
The method for requesting the Federal agency or pass-through entity to reconsider imposing a specific condition.
Any specific conditions must be promptly removed once the conditions that prompted them have been satisfied.
Notes, amendments, and revision history
Authority
Authority: 31 U.S.C. 503; 31 U.S.C. 6101-6106; 31 U.S.C. 6307; 31 U.S.C. 7501-7507.
Source
Source: 89 FR 30136, Apr. 22, 2024, unless otherwise noted.