Current through September 30, 2024
Section 200.208 - [Effective 10/1/2024] 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.85 FR 49538, 11/12/2020; 89 FR 30136, 10/1/2024