2 C.F.R. § 200.208

Specific conditions

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(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.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2023–2026 · leading case: Purpose Built Families Found.. v. Denis McDonough (Vet. App. 2023).
Purpose Built Families Found.. v. Denis McDonough (Vet. App. 2023). · cites it 6× “[138] The additional conditions that an awarding agency may impose under 2 C.F.R. § 200.208 include, among other things, requiring "payments as reimbursements rather than advanced payments,"139 "additional, more detailed financial reports," 140 "additional project monitoring,"…”
Gateway Dev. Comm'n v. United States (Fed. Cl. 2026). “” Id; see 2 C.F.R. § 200.208 . Section 19 of the FTA CIG Grant further requires that, before withholding funding or suspending GDC’s ability to draw down funds, DOT must provide GDC with 90 days’ written notice that it plans to take such remedial steps and give GDC a reasonable…”
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