(a) The Federal awarding agency or pass-through entity may impose additional specific award conditions as needed, in accordance with paragraphs (b) and (c) of this section, under the following circumstances:
- (1) Based on the criteria set forth in § 200.205 Federal awarding agency review of risk posed by applicants;
- (2) When an applicant or recipient has a history of failure to comply with the general or specific terms and conditions of a Federal award;
- (3) When an applicant or recipient fails to meet expected performance goals as described in § 200.210 Information contained in a Federal award; or
- (4) When an applicant or recipient is not otherwise responsible.
(b) These 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 period of performance;
- (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.
(c) The Federal awarding agency or pass-through entity 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.
- (d) Any specific conditions must be promptly removed once the conditions that prompted them have been corrected.
[79 FR 75882, Dec. 19, 2014]