2 C.F.R. § 200.208

Current through November 30, 2024
Section 200.208 - Specific conditions
(a) 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 ).
(b) The Federal agency or pass-through entity may adjust specific conditions in the Federal award based on an analysis of the following factors:
(1) Review of OMB-designated repositories of government-wide data (for example, SAM.gov) or review of its risk assessment (See § 200.206 );
(2) The recipient's or subrecipient's history of compliance with the terms and conditions of Federal awards;
(3) The recipient's or subrecipient's ability to meet expected performance goals as described in § 200.211 ; or
(4) A determination of whether a recipient or subrecipient has inadequate financial capability to perform the Federal award.
(c) Specific conditions may include the following:
(1) Requiring payments as reimbursements rather than advance payments;
(2) Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance;
(3) Requiring additional or more detailed financial reports;
(4) Requiring additional project monitoring;
(5) Requiring the recipient or subrecipient to obtain technical or management assistance; or
(6) Establishing additional prior approvals.
(d) Prior to imposing specific conditions, the Federal agency or pass-through entity must notify the recipient or subrecipient as to:
(1) The nature of the specific condition(s);
(2) The reason why the specific condition(s) is being imposed;
(3) The nature of the action needed to remove the specific condition(s);
(4) The time allowed for completing the actions; and
(5) The method for requesting the Federal agency or pass-through entity to reconsider imposing a specific condition.
(e) Any specific conditions must be promptly removed once the conditions that prompted them have been satisfied.

2 C.F.R. §200.208

85 FR 49538 , 11/12/2020; 89 FR 30136 , 10/1/2024