§ 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.