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Page 36 of 52 <br />Federal agency, or pass -through entity in the case of a subrecipient, approves in advance <br />a program -specific audit. <br />(d) Exemption when Federal awards expended are less than $750,000. A non -Federal entity <br />that expends less than $750,000 during the non -Federal entity's fiscal year in Federal <br />awards is exempt from Federal audit requirements for that year, except as noted in <br />200.503 Relation to other audit requirements, but records must be available for review or <br />audit by appropriate officials of the Federal agency, pass -through entity, and Government <br />Accountability Office (GAO). <br />(e) Federally Funded Research and Development Centers (FFRDC). Management of an <br />auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity <br />for purposes of this part. <br />(f) Subrecipients and Contractors. An auditee may simultaneously be a recipient, a <br />subrecipient, and a contractor. Federal awards expended as a recipient or a subrecipient <br />are subject to audit under this part. The payments received for goods or services provided <br />as a contractor are not Federal awards. Section 200.330 Subrecipient and contractor <br />determinations sets forth the considerations in determining whether payments constitute a <br />Federal award or a payment for goods or services provided as a contractor. <br />(g) Compliance responsibility for contractors. In most cases, the auditee's compliance <br />responsibility for contractors is only to ensure that the procurement, receipt, and payment <br />for goods and services comply with Federal statutes, regulations, and the terms and <br />conditions of Federal awards. Federal award compliance requirements normally do not <br />pass through to contractors. However, the auditee is responsible for ensuring compliance <br />for procurement transactions which are structured such that the contractor is responsible <br />for program compliance or the contractor's records must be reviewed to determine <br />program compliance. Also, when these procurement transactions relate to a major <br />program, the scope of the audit must include determining whether these transactions are <br />in compliance with Federal statutes, regulations, and the terms and conditions of Federal <br />awards. <br />(h) For -profit subrecipient. Since this part does not apply to for -profit subrecipients, the pass - <br />through entity is responsible for establishing requirements, as necessary, to ensure <br />compliance by for -profit subrecipients. The agreement with the for -profit subrecipient <br />must describe applicable compliance requirements and the for -profit subrecipient's <br />compliance responsibility. Methods to ensure compliance for Federal awards made to for - <br />profit subrecipients may include pre -award audits, monitoring during the agreement, and <br />post -award audits. See also 200.331 Requirements for pass -through entities. <br />[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75887, Dec. 19, 2014] <br />Agreement No. R18AP00081 Agreement Template <br />20 D-40 (03/2019) <br />