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Page 20 of 52 <br />(6) Unless otherwise required by Federal statutes, payments for allowable costs by non - <br />Federal entities must not be withheld at any time during the period of performance <br />unless the conditions of 200.207 Specific conditions, Subpart D Post Federal Award <br />Requirements of this part, 200.338 Remedies for Noncompliance, or one or more of <br />the following applies: <br />(i) The non -Federal entity has failed to comply with the project objectives, Federal <br />statutes, regulations, or the terms and conditions of the Federal award. <br />(ii) The non -Federal entity is delinquent in a debt to the United States as defined in <br />OMB Guidance A-129, "Policies for Federal Credit Programs and Non -Tax <br />Receivables." Under such conditions, the Federal awarding agency or pass - <br />through entity may, upon reasonable notice, inform the non -Federal entity that <br />payments must not be made for obligations incurred after a specified date until the <br />conditions are corrected or the indebtedness to the Federal Government is <br />liquidated. <br />(iii) A payment withheld for failure to comply with Federal award conditions, but <br />without suspension of the Federal award, must be released to the non -Federal <br />entity upon subsequent compliance. When a Federal award is suspended, payment <br />adjustments will be made in accordance with 200.342 Effects of suspension and <br />termination. <br />(iv) A payment must not be made to a non -Federal entity for amounts that are <br />withheld by the non -Federal entity from payment to contractors to assure <br />satisfactory completion of work. A payment must be made when the non -Federal <br />entity actually disburses the withheld funds to the contractors or to escrow <br />accounts established to assure satisfactory completion of work. <br />(7) Standards governing the use of banks and other institutions as depositories of advance <br />payments under Federal awards are as follows. <br />(i) The Federal awarding agency and pass -through entity must not require separate <br />depository accounts for funds provided to a non -Federal entity or establish any <br />eligibility requirements for depositories for funds provided to the non -Federal <br />entity. However, the non -Federal entity must be able to account for the receipt, <br />obligation and expenditure of funds. <br />(ii) Advance payments of Federal funds must be deposited and maintained in insured <br />accounts whenever possible. <br />(8) The non -Federal entity must maintain advance payments of Federal awards in <br />interest -bearing accounts, unless the following apply. <br />Agreement No. R20AP00075 Agreement Template <br />2 U C -22 (03/2019) <br />