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55 <br /> (g) Consider whether the results of the subrecipient's audits, on-site reviews, or <br /> other monitoring indicate conditions that necessitate adjustments to the pass- <br /> through entity's own records. <br /> (h) Consider taking enforcement action against noncompliant subrecipients as <br /> described in 2 CFR 200.339 and in program regulations. <br /> I. POLICY OVERVIEW <br /> Title 2 U.S. Code of Federal Regulations Part 200, (2 CFR 200) Uniform Administrative Requirements, <br /> Cost Principles, and Audit Requirements for Federal Awards, commonly called Uniform Guidance (UG), <br /> specifically Subpart D, defines requirements of pass-through entities initiating subaward agreements <br /> with Coronavirus State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 <br /> (ARP/CSLFRF). Orange County(hereinafter the "County") shall adhere to all applicable subaward and <br /> monitoring requirements governing the use of ARP/CSLFRF.This policy establishes procedures for <br /> classifying, making an award to, and monitoring a sub-recipient consistent with ARP/CSLFRF grant award <br /> terms and all applicable federal regulations in the UG. <br /> Responsibility for following these guidelines lies with the Chief Financial Officer and designee, who are <br /> charged with the administration and financial oversight of the [ARP/CSLFRF]. <br /> II. DEFINITIONS <br /> The definitions in 2 CFR 200.1 apply to this policy, including the following: <br /> Contract: for the purpose of Federal financial assistance, a legal instrument by which a recipient or <br /> subrecipient purchases property or services needed to carry out the project or program under a <br /> Federal award. For additional information on subrecipient and contractor determinations, see § <br /> 200.331. See also the definition of subaward in this section. <br /> Contractor: an entity that receives a contract as defined in this section. <br /> Pass-through Entity: a non-Federal entity that provides a subaward to a subrecipient to carry out <br /> part of a Federal program. When funds are awarded to a subrecipient the County is the Pass- <br /> through Entity <br /> Recipient: an entity, usually but not limited to non-Federal entities that receives a Federal award <br /> directly from a Federal awarding agency.The term recipient does not include subrecipients or <br /> individuals that are beneficiaries of the award. <br /> Subaward: an award provided by a pass-through entity to a subrecipient for the subrecipient to <br /> carry out part of a Federal award received by the pass-through entity. It does not include payments <br /> to a contractor or payments to an individual that is a beneficiary of a Federal program.A subaward <br /> may be provided through any form of legal agreement, including an agreement that the pass- <br /> through entity considers a contract. <br /> Subrecipient: an entity, usually but not limited to non-Federal entities,that receives a subaward <br /> from a pass-through entity to carry out part of a Federal award; but does not include an individual <br /> 3 of 39 <br />