§ 200.208 - Specific conditions.

§ 200.208 Specific conditions.

(a) Federal awarding agencies are responsible for ensuring that specific Federal award conditions and performance expectations are consistent with the program design reflected in (See § 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 conditions in the 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 Review of OMB-designated repositories of government-wide data (for example, SAM.gov) or review of its risk assessment (See § 200.206);

(2) The applicant or recipient's or subrecipient's history of compliance with the general or specific terms and conditions of a Federal awardawards;

(3) The applicant or recipient's or subrecipient's ability to meet expected performance goals as described in § 200.211; or

(4) A responsibility determination of an applicant or recipientwhether a recipient or subrecipient has inadequate financial capability to perform the Federal award.

(c) Additional Federal award Specific 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 , or more detailed financial reports;

(4) Requiring additional project monitoring;

(5) Requiring the non-Federal entity recipient or subrecipient to obtain technical or management assistance; or

(6) Establishing additional prior approvals.

(d) If Prior to imposing specific conditions, the Federal awarding agency or pass-through entity is imposing additional requirements, they must notify the applicant or non-Federal entity recipient or subrecipient as to:

(1) The nature of the additional requirementsspecific condition(s);

(2) The reason why the additional requirements are specific condition(s) is being imposed;

(3) The nature of the action needed to remove the additional requirement, if applicablespecific condition(s);

(4) The time allowed for completing the actions if applicable; and

(5) The method for requesting reconsideration of the additional requirements imposedthe Federal agency or pass-through entity to reconsider imposing a specific condition.

(e) Any additional requirements specific conditions must be promptly removed once the conditions that prompted them have been satisfied.