Current through August 31, 2024
Section 200.208 - [Effective until 10/1/2024] Specific conditions(a) Federal awarding agencies are responsible for ensuring that specific Federal award conditions are consistent with the program design reflected in § 200.202 and include clear performance expectations of recipients as required in § 200.301 .(b) The Federal awarding agency or pass-through entity may adjust specific Federal award conditions as needed, in accordance with this section, based on an analysis of the following factors: (1) Based on the criteria set forth in § 200.206 ;(2) The applicant or recipient's history of compliance with the general or specific terms and conditions of a Federal award;(3) The applicant or recipient's ability to meet expected performance goals as described in § 200.211 ; or(4) A responsibility determination of an applicant or recipient.(c) Additional Federal award conditions may include items such as 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 within a given performance period;(3) Requiring additional, more detailed financial reports;(4) Requiring additional project monitoring;(5) Requiring the non-Federal entity to obtain technical or management assistance; or(6) Establishing additional prior approvals.(d) If the Federal awarding agency or pass-through entity is imposing additional requirements, they must notify the applicant or non-Federal entity as to: (1) The nature of the additional requirements;(2) The reason why the additional requirements are being imposed;(3) The nature of the action needed to remove the additional requirement, if applicable;(4) The time allowed for completing the actions if applicable; and(5) The method for requesting reconsideration of the additional requirements imposed.(e) Any additional requirements must be promptly removed once the conditions that prompted them have been satisfied.