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Page 36 of 52 <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 />8. REMEDIES FOR NONCOMPLIANCE (2 CFR 200.338) <br />200.338 Remedies for noncompliance. <br />If a non -Federal entity fails to comply with Federal statutes, regulations or the terms and <br />conditions of a Federal award, the Federal awarding agency or pass -through entity may impose <br />additional conditions, as described in 200.207 Specific conditions. If the Federal awarding <br />agency or pass -through entity determines that noncompliance cannot be remedied by imposing <br />additional conditions, the Federal awarding agency or pass -through entity may take one or more <br />of the following actions, as appropriate in the circumstances: <br />(a) Temporarily withhold cash payments pending correction of the deficiency by the non - <br />Federal entity or more severe enforcement action by the Federal awarding agency or <br />pass -through entity. <br />(b) Disallow (that is, deny both use of funds and any applicable matching credit for) all or <br />part of the cost of the activity or action not in compliance. <br />(c) Wholly or partly suspend or terminate the Federal award. <br />(d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and <br />Federal awarding agency regulations (or in the case of a pass -through entity, recommend <br />such a proceeding be initiated by a Federal awarding agency). <br />(e) Withhold further Federal awards for the project or program. <br />(f) Take other remedies that may be legally available. <br />Agreement No. R20AP00075 Agreement Template <br />(03/2019) <br />