§ 25.110 - Exceptions to this part.

§ 25.110 Exceptions to this part.

(a) General . Through a Federal awarding agency's implementation of the guidance in this part, this part applies to all applicants and recipients of Federal awards, other than those exempted by statute or exempted in paragraphs (b) and (c) of this section that apply for or receive agency awards.

(b) Exceptions for individuals. None of the requirements in this part apply to an individual who applies for or receives Federal financial assistance as a natural person (i.e., unrelated to any business or nonprofit organization he or she may own or operate in his or her name).

(c) Other

exceptions.

(1) Under a condition identified in paragraph (

c

a)(2) of this section, a Federal

awarding

agency may exempt an applicant or recipient

from an applicable

of Federal financial assistance from the requirement to obtain a

unique entity identifier and

UEI, register in

the

SAM.gov, or both.

(i)

In that case

If a Federal agency grants an exception under paragraph (a)(2) of this section, the Federal

awarding

agency must use a generic

unique

entity identifier in the data it reports to USAspending.gov if reporting for a prime award of Federal financial assistance to the recipient is required by the Federal Funding Accountability and Transparency Act (Pub. L. 109-282, as amended, hereafter cited as “Transparency Act”). Granting an exception under paragraph (

ii) Federal awarding agency use of a generic unique entity identifier should be used rarely for prime award reporting because it prevents prime awardees from being able to fulfill the

a)(2) of this section does not impact a Federal agency's responsibility for reporting under the Transparency Act, except that it may use a generic entity identifier in the circumstances described.

(ii) Federal agencies should use generic entity identifiers rarely as it prevents recipients from fulfilling reporting requirements such as subaward or executive compensation reporting required by the Transparency Act.

(2)

The conditions under which a

A Federal

awarding

agency may exempt an applicant

or recipient are—

, recipient, or subrecipient when:

(i)

For any applicant or recipient, if the Federal awarding

The Federal agency determines that it must protect information about the entity from disclosure

if it is

in the national security or foreign policy interests of the United States

,

or to avoid jeopardizing the personal safety of the

applicant or recipient

entity's staff

or clients.

, partners, beneficiaries, and participants;

(ii)

For

(A) All of the following conditions are met:

(1) The entity is a foreign organization or foreign public entity

applying for or receiving a

;

(2) The Federal award or subaward

for a project or program

will be performed outside the United States

valued at

;

(3) The Federal award or subaward will be less than $25,000

, if the Federal awarding

; and

(4) The Federal agency deems it to be impractical for the entity to comply with the

requirement(s). This exemption must be determined by the Federal awarding agency

requirements of this part.

(B) The Federal agency must determine this exemption on a case-by-case basis while utilizing a risk-based approach;

(iii) For applicants or recipients, the Federal agency may exempt foreign organizations or foreign public entities from completing full registration in SAM.gov for a Federal award less than $500,000 that will be performed outside the United States. Foreign organizations or foreign public entities exempted from registering in SAM.gov under this provision must still obtain a UEI. The Federal agency must determine this exemption on a case-by-case basis while utilizing a risk-based approach

and does not apply if subawards are anticipated.(iii) For an applicant, if the Federal awarding agency makes a determination

; or

(iv) For applicants, the Federal agency determines that there are exigent circumstances that prohibit the applicant from receiving a

unique entity identifier and completing SAM registration prior to

UEI and registering in SAM.gov before receiving a Federal award. In these instances, Federal

awarding

agencies must require the recipient to obtain a

unique entity identifier

UEI and complete registration in SAM

registration

.gov within 30 days of the Federal award date.

(

3) Federal awarding agencies' use of generic unique entity identifier, as described in paragraphs (c)(1) and (2) of this section, should be rare. Having a generic unique entity identifier limits a recipient's ability to use Governmentwide systems that are needed to comply with some reporting requirements.(d)

b) Class exceptions. OMB may

allow

approve additional exceptions for classes of Federal awards, applicants,

and

or recipients subject to the requirements of this part when exceptions are not prohibited by statute.

[85 FR 49523, Aug. 13, 2020]